85S10544 MEW-F
By: Clardy H.B. No. 198
A BILL TO BE ENTITLED
AN ACT
relating to an average pay increase for public school classroom
teachers, the creation of certain teacher designations, and a
teacher quality allotment under the Foundation School Program;
authorizing the imposition of a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104, Education Code, is amended by
adding Subsection (b-4) to read as follows:
(b-4) An open-enrollment charter school is subject to the
average annual pay increase requirement under Section 21.416. This
subsection expires September 1, 2034.
SECTION 2. Section 21.042, Education Code, is amended to
read as follows:
Sec. 21.042. APPROVAL OF RULES. (a) Except as provided by
Subsection (b), the [The] State Board for Educator Certification
must submit a written copy of each rule it proposes to adopt to the
State Board of Education for review. The State Board of Education
may reject a proposed rule by a vote of at least two-thirds of the
members of the board present and voting. If the State Board of
Education fails to reject a proposal before the 90th day after the
date on which it receives the proposal, the proposal takes effect as
a rule of the State Board for Educator Certification as provided by
Chapter 2001, Government Code. The State Board of Education may not
modify a rule proposed by the State Board for Educator
Certification.
(b) Rules adopted by the State Board for Educator
Certification under Subchapter P are not subject to Subsection (a).
SECTION 3. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.063 to read as follows:
Sec. 21.063. LEGACY MASTER TEACHER CERTIFICATIONS. (a)
The board shall recognize a master teacher certificate issued under
former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the
certificate expires. The board shall note a designation of
"legacy" on the certificate.
(b) A master teacher certificate described by Subsection
(a) does not generate funding under Section 42.162.
SECTION 4. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.4025 to read as follows:
Sec. 21.4025. COMMISSIONER ASSISTANCE. The commissioner
shall provide assistance to school districts in implementing
compensation structures that satisfy all applicable legal
requirements, including requirements imposed under Section 42.162.
SECTION 5. Subchapter I, Chapter 21, Education Code, is
amended by adding Section 21.416 to read as follows:
Sec. 21.416. AVERAGE PAY INCREASES FOR CLASSROOM TEACHERS.
(a) In this section, "pay" includes salary, stipends, and other
monetary disbursements made to a classroom teacher. The term does
not include benefits or other payments made by the school district
or open-enrollment charter school for the benefit of the teacher.
(b) Except as provided by Subsection (c), beginning with the
2021-2022 school year, and subsequently occurring every other
school year, each school district and open-enrollment charter
school must ensure that the average annual pay for classroom
teachers employed at the district or school is at least $1,000 more
than the average annual pay for classroom teachers employed at that
district or school during the school year immediately preceding the
previous school year.
(b-1) Notwithstanding Subsection (b), for the 2019-2020
school year, each school district and open-enrollment charter
school must ensure that the average annual pay for classroom
teachers employed at the district or school is at least $1,000 more
than the average annual pay for classroom teachers employed at that
district or school during the 2016-2017 school year. This
subsection expires September 1, 2021.
(c) Beginning with the 2021-2022 school year, if the average
annual pay for classroom teachers employed at a school district or
open-enrollment charter school is equal to or greater than $51,000,
the district or school is not subject to Subsection (b).
(d) Except as provided by Subsection (e), if a school
district or open-enrollment charter school fails to satisfy the
average annual pay requirement under this section for a school
year, the commissioner shall recover funds from the district or
school in an amount equal to the number of classroom teachers
employed at the district or school for that school year multiplied
by the difference between the average annual pay for classroom
teachers required under this section for that school year and the
average annual pay for classroom teachers provided by the district
or school for that school year. The commissioner shall recover the
funds in the same manner that overallocated funds are recovered
under Section 42.258 or Subchapter D, Chapter 12, or by adjusting
the amount necessary for a district to comply with the requirements
of Chapter 41.
(e) The commissioner may not recover funds under Subsection
(d) if the commissioner determines that:
(1) the budget of the school district or
open-enrollment charter school complied with the average annual pay
requirement but subsequent changes in employment that could not be
reasonably anticipated resulted in the failure to satisfy that
requirement;
(2) the school district or open-enrollment charter
school was provided less total state and local funding under the
Foundation School Program for maintenance and operations for the
school year for which the district or school is subject to recovery
of funds under Subsection (d) than the total state and local funding
provided for the school year immediately preceding the previous
school year;
(3) the school district or open-enrollment charter
school has a reasonable expectation of a decrease in total revenue
due to circumstances not anticipated in estimates adopted by the
state; or
(4) the estimated amount of state and local funding
per student in weighted average daily attendance to be provided to
the school district or open-enrollment charter school under the
Foundation School Program for maintenance and operations for the
school year for which the district or school is subject to recovery
of funds under Subsection (d) is equal to or less than the amount of
state and local funding provided to the district or school for the
school year immediately preceding the previous school year.
(f) As required by the commissioner, each school district
and open-enrollment charter school shall report information
relating to compliance with this section.
(g) The commissioner may only adopt rules under this section
using the negotiated rulemaking procedures under Chapter 2008,
Government Code, including rules determining which classroom
teachers and what types of pay must be included in determining
compliance with this section.
(h) This section expires September 1, 2034.
SECTION 6. Chapter 21, Education Code, is amended by adding
Subchapter P to read as follows:
SUBCHAPTER P. ACCOMPLISHED, DISTINGUISHED, AND MASTER TEACHER
DESIGNATIONS
Sec. 21.751. ACCOMPLISHED TEACHER DESIGNATION. (a) The
State Board for Educator Certification shall issue an accomplished
teacher designation on the certificate of each teacher that
qualifies as provided by Subsection (b).
(b) To qualify for an accomplished teacher designation, a
person must hold:
(1) an eligible teaching certificate issued under
Subchapter B; and
(2) a National Board Certification issued by the
National Board for Professional Teaching Standards.
(c) An accomplished teacher designation must expire not
later than the 10th year after the date the designation is issued.
Sec. 21.752. DISTINGUISHED TEACHER DESIGNATION. (a) The
State Board for Educator Certification may issue a distinguished
teacher designation on the certificate of a teacher that qualifies
as provided by Subsection (b).
(b) To qualify for a distinguished teacher designation, a
person must:
(1) meet the criteria described by Section 21.751;
(2) submit evidence of providing leadership to other
classroom teachers, including letters of recommendation from:
(A) the principal of the school at which the
person is currently employed; and
(B) two classroom teachers employed at the same
school as the person during the preceding two school years;
(3) be nominated by the school district or
open-enrollment charter school at which the person is employed with
nomination materials that include:
(A) student performance information that
provides an analysis of the growth of the teacher's students in each
of the most recent three school years; and
(B) an affirmation that the nominee has reviewed
that student performance information; and
(4) have performed in the top 25 percent, or the
percentage adopted by the commissioner under Section 21.754(b), of
classroom teachers in the state in a similar certification field in
student growth averaged over the most recent three school years.
(c) A distinguished teacher designation must expire not
later than the fifth year after the date the designation is issued.
Sec. 21.753. MASTER TEACHER DESIGNATION. (a) The State
Board for Educator Certification may issue a master teacher
designation on the certificate of a teacher that qualifies as
provided by Subsection (b).
(b) To qualify for a master teacher designation, a person
must:
(1) meet the criteria described by Section 21.752; and
(2) have performed in the top five percent, or the
percentage adopted by the commissioner under Section 21.754(b), of
classroom teachers in the state in a similar certification field in
student growth averaged over the most recent three school years.
(c) A master teacher designation must expire not later than
the fifth year after the date the designation is issued.
Sec. 21.754. ELIGIBILITY FOR DISTINGUISHED AND MASTER
TEACHER DESIGNATIONS. (a) The commissioner shall establish
eligibility criteria required for designation as a distinguished or
master teacher, including performance metrics, qualifying
evidence, and standards for comparing teachers in similar
certification fields.
(b) The commissioner may:
(1) adjust the percentages required under Sections
21.752 and 21.753 for a classroom teacher to qualify for a
distinguished or master teacher designation; and
(2) develop methods to incorporate, use, or substitute
locally developed classroom teacher performance review systems
that use a target distribution model to determine if a teacher
satisfies the required criteria.
(c) The commissioner shall use the negotiated rulemaking
procedures under Chapter 2008, Government Code, and solicit input
from educators and experts in the field of education in determining
eligibility criteria under Subsection (a) and making any
adjustments to required percentages under Subsection (b)(1).
(d) The commissioner shall appoint a peer review panel to
evaluate if an applicant has satisfied the requirements for a
distinguished or master teacher designation under Section 21.752 or
21.753. A majority of the panel must consist of teachers with a
master teacher designation as soon as a sufficient number of
teachers with that designation exist.
Sec. 21.755. NOMINATIONS FOR DISTINGUISHED AND MASTER
TEACHER DESIGNATIONS. (a) To nominate a person as a distinguished
or master teacher under Section 21.752 or 21.753, the
superintendent of the school district at which the teacher is
employed or the superintendent or administrator serving as
educational leader and chief executive officer of the
open-enrollment charter school at which the teacher is employed
must submit a letter, including the nomination materials required
under Section 21.752(b)(3), to the State Board for Educator
Certification.
(b) During the first school year for which a distinguished
or master teacher designation is available in a particular
certification field, a school district or open-enrollment charter
school may nominate for both designations no more than two and
one-half percent of the district's or school's classroom teachers
who work in that certification field. Each subsequent school year,
the district or school may nominate not more than five percent of
the district's or school's classroom teachers, excluding
nominations for the renewal of a distinguished or master teacher
designation.
(c) On request by the school district or open-enrollment
charter school nominating a teacher under this section, any other
school district or open-enrollment charter school shall, in a
manner that complies with the Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Section 1232g), provide to the nominating
district or school student performance information that is required
for the nominating district or school to submit a nomination.
Information provided to a nominating district or school under this
subsection is confidential.
Sec. 21.756. MULTIPLE DESIGNATIONS PROHIBITED. A person
may only hold one teacher designation under this subchapter at any
time.
Sec. 21.757. INFORMATION RELATING TO TEACHER AND STUDENT
PERFORMANCE. (a) The State Board for Educator Certification, the
agency, and a peer review panel appointed under Section 21.754(d)
may access information required to make an eligibility
determination under this subchapter, including information from
the school district or open-enrollment charter school at which the
teacher is or was employed relating to the performance of the
teacher's current or previous students. Information otherwise
confidential remains confidential and is not subject to Chapter 551
or 552, Government Code.
(b) The agency shall collect information necessary to
implement this subchapter, which may include student performance
information for a sample of students across the state.
(c) A school district or open-enrollment charter school
shall provide any information required under this subchapter.
Sec. 21.758. FEES. (a) The State Board for Educator
Certification may adopt fees to implement this subchapter.
(b) A school district or open-enrollment charter school may
pay any fee adopted by the State Board for Educator Certification
for a classroom teacher employed at the district or school to pursue
a teacher designation under this subchapter.
Sec. 21.759. STUDENT PERFORMANCE STUDY. (a) The
commissioner shall periodically conduct a study using an external
organization to determine the impact of the teacher designations
issued under this subchapter on student performance.
(b) The commissioner shall make recommendations as
necessary to the State Board for Educator Certification, the
governor, and the legislature to improve the quality of and impact
on student performance of teacher designations issued under this
subchapter.
Sec. 21.760. RULES. (a) The State Board for Educator
Certification may adopt rules to implement this subchapter.
(b) The commissioner may adopt rules to implement the
requirements imposed on the commissioner or agency under this
subchapter.
(c) The State Board for Educator Certification and the
commissioner shall use the negotiated rulemaking procedures under
Chapter 2008, Government Code, to implement any rules under this
subchapter.
Sec. 21.761. TEACHER DESIGNATION FEES. (a) A fee adopted
by the State Board for Educator Certification for the period
beginning September 1, 2017, and ending August 31, 2020, to
implement the teacher designations under this subchapter is not
subject to Sections 2001.0045 and 2001.0221, Government Code.
(b) This section expires September 1, 2020.
SECTION 7. Subchapter C, Chapter 42, Education Code, is
amended by adding Section 42.162 to read as follows:
Sec. 42.162. TEACHER QUALITY ALLOTMENT. (a) In this
section, "pay" has the meaning assigned by Section 21.416.
(b) A school district, including a school district that is
otherwise ineligible for state aid under this chapter, and an
open-enrollment charter school are entitled to an allotment in an
amount equal to the sum of the product of $4,000 multiplied by:
(1) the number of full-time equivalent classroom
teachers with an accomplished teacher designation under Section
21.751 employed by the district or school;
(2) the number of full-time equivalent classroom
teachers with a distinguished teacher designation under Section
21.752 employed by the district or school; and
(3) the number of full-time equivalent classroom
teachers with a master teacher designation under Section 21.753
employed by the district or school.
(c) Instead of the amounts provided by Subsection (b), for
each qualifying full-time equivalent classroom teacher who is
assigned by a school district or open-enrollment charter school to
a campus at which a majority of students are educationally
disadvantaged or who is employed by a school district or
open-enrollment charter school that qualifies as rural, as
determined by the commissioner, the district or school may elect to
receive the following funding amounts:
(1) $8,000 for each full-time equivalent classroom
teacher with a distinguished teacher designation under Section
21.752 employed by the district or school; and
(2) $20,000 for each full-time equivalent classroom
teacher with a master teacher designation under Section 21.753
employed by the district or school.
(d) If a school district or open-enrollment charter school
that is exempt from the average pay increase under Section
21.416(c) elects to receive funding under Subsection (c) of this
section, the district or school must ensure that:
(1) not later than the third school year after the
school year in which this subsection applies and the district or
school receives funding under Subsection (c), the average annual
pay of classroom teachers for whom the district or school receives
funding under Subsection (c)(1) is at least $68,000; and
(2) not later than the fifth school year after the
school year in which this subsection applies and the district or
school receives funding under Subsection (c), the average annual
pay of classroom teachers for whom the district or school receives
funding under Subsection (c)(2) is at least $85,000.
(d-1) Subsection (d) and this subsection expire September
1, 2034.
(e) Beginning with the 2034-2035 school year, a school
district or open-enrollment charter school that elects to receive
funding under Subsection (c) must ensure that:
(1) not later than the third school year after the year
in which this subsection applies and the district or school
receives funding under Subsection (c), the average annual pay of
classroom teachers for whom the district or school receives funding
under Subsection (c)(1) is at least $68,000; and
(2) not later than the fifth school year after the year
in which this subsection applies and the district or school
receives funding under Subsection (c), the average annual pay of
classroom teachers for whom the district or school receives funding
under Subsection (c)(2) is at least $85,000.
(f) Except as provided by Subsection (g), a school district
or open-enrollment charter school is not eligible for funding under
Subsection (c) if the commissioner determines that the district or
school has not met applicable average pay requirements under this
section. The commissioner may restore funding eligibility to the
district or school on proof of compliance with applicable average
pay requirements.
(g) The commissioner may not deny eligibility of a school
district or open-enrollment charter school for funding under
Subsection (c) if the commissioner determines that:
(1) the budget of the school district or
open-enrollment charter school complied with applicable average
pay requirements under this section but subsequent changes in
employment that could not be reasonably anticipated resulted in the
failure to satisfy that requirement;
(2) the school district or open-enrollment charter
school was provided less total state and local funding under the
Foundation School Program for maintenance and operations for the
school year for which the district or school is subject to
applicable average pay requirements under this section than the
amount of state and local funding provided to the district or school
for the previous school year; or
(3) the school district or open-enrollment charter
school has a reasonable expectation of a decrease in total revenue
due to circumstances not anticipated in estimates adopted by the
state.
(h) Funding under this section may be provided to a school
district or open-enrollment charter school only for:
(1) the highest funding category for which a classroom
teacher qualifies; and
(2) if funding is provided under Subsection (c),
qualifying classroom teachers for which the district or school
applies.
(i) The commissioner may adopt rules under this section
using the negotiated rulemaking procedures under Chapter 2008,
Government Code, including rules determining:
(1) proration for classroom teachers who qualify under
this section and who were employed by a school district or
open-enrollment charter school for less than a full school year;
and
(2) which classroom teachers and what types of pay
must be included to comply with applicable average pay requirements
under this section.
SECTION 8. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.25131 to read as follows:
Sec. 42.25131. ADVANCE PAYMENT FOR PURSUIT OF ACCOMPLISHED
TEACHER DESIGNATION. (a) The commissioner shall grant a school
district or open-enrollment charter school an advance payment from
the Foundation School Program in an amount equal to $1,900 per
classroom teacher for whom the district or school submits a request
to the agency. An advance payment made under this section may only
be used to pursue an accomplished teacher designation for a teacher
under Section 21.751 for the first time.
(b) The school district or open-enrollment charter school
shall repay the amount of the advance payment in equal installments
over the three school years following the school year in which the
advance payment is received.
(c) For each classroom teacher for whom a school district or
open-enrollment charter school receives funding under this section
and who does not receive an accomplished teacher designation under
Section 21.751 by the end of the fourth school year after the
district received funding, the district or school shall pay to the
Foundation School Program an additional $300.
(d) The commissioner may modify the advance payment program
under this section, including modifications to funding
entitlements to and amounts owed by a school district or
open-enrollment charter school because of a classroom teacher
leaving employment at the district or school before the expiration
of the time periods established under this section.
(e) The commissioner may adopt rules to implement this
section using the negotiated rulemaking procedures under Chapter
2008, Government Code.
SECTION 9. Effective September 1, 2019, Section 42.302(a),
Education Code, is amended to read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund assignment
up to the maximum level specified in this subchapter. The amount of
state support, subject only to the maximum amount under Section
42.303, is determined by the formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and local
funds per weighted student per cent of tax effort, which is an
amount described by Subsection (a-1) or a greater amount for any
year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any allotment
to the district for transportation, any allotment under Section
42.158, [or] 42.160, or 42.162, and 50 percent of the adjustment
under Section 42.102, by the basic allotment for the applicable
year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts specified
by Subsection (b) from the total amount of maintenance and
operations taxes collected by the school district for the
applicable school year and dividing the difference by the quotient
of the district's taxable value of property as determined under
Subchapter M, Chapter 403, Government Code, or, if applicable,
under Section 42.2521, divided by 100; and
"LR" is the local revenue, which is determined by multiplying
"DTR" by the quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or, if
applicable, under Section 42.2521, divided by 100.
SECTION 10. Section 61.0766(e), Education Code, is amended
to read as follows:
(e) An academy program may:
(1) provide financial assistance for the purpose of
allowing participants to complete the program [and obtain a master
teacher certificate under Section 21.0482, 21.0483, or 21.0484];
(2) include programs in leadership skills to develop
training, mentoring, and coaching skills;
(3) deliver coursework electronically for some or all
of the program; and
(4) provide for ongoing professional development and
coordination with specific public school instructional programs.
SECTION 11. The following provisions of the Education Code
are repealed:
(1) Section 21.0481;
(2) Section 21.0482;
(3) Section 21.0483;
(4) Section 21.0484;
(5) Section 21.410;
(6) Section 21.411;
(7) Section 21.412; and
(8) Section 21.413.
SECTION 12. The State Board for Educator Certification may
not issue a new or renew a master teacher certificate issued under
Section 21.0481, 21.0482, 21.0483, or 21.0484, Education Code, on
or after the effective date of this Act.
SECTION 13. Sections 12.104(b-4), 21.4025, 21.416, and
42.162, Education Code, as added by this Act, apply beginning with
the 2019-2020 school year.
SECTION 14. Except as otherwise provided by this Act, this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect December
1, 2017.