14 | | - | SECTION 1. Subchapter A, Chapter 21, Education Code, is |
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15 | | - | amended by adding Section 21.010 to read as follows: |
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16 | | - | Sec. 21.010. STUDY ON AVERAGE PAY INCREASE FOR TEACHERS, |
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17 | | - | TEACHER DESIGNATIONS, TEACHER RETENTION, AND TEACHER QUALITY |
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18 | | - | ALLOTMENT. (a) A committee is established to study and make |
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19 | | - | recommendations regarding an average pay increase for classroom |
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20 | | - | teachers, the creation of certain teacher designations, teacher |
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21 | | - | retention, and a teacher quality allotment under the Foundation |
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22 | | - | School Program. |
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23 | | - | (b) The committee is composed of 13 members, consisting of: |
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24 | | - | (1) six members appointed by the lieutenant governor; |
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25 | | - | (2) six members appointed by the speaker of the house |
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26 | | - | of representatives; and |
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27 | | - | (3) the commissioner or the commissioner's designee. |
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28 | | - | (c) The appointments made by the lieutenant governor must |
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29 | | - | consist of: |
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30 | | - | (1) three members of the senate; |
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31 | | - | (2) a leader of the community; |
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32 | | - | (3) a classroom teacher; and |
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33 | | - | (4) a superintendent of a school district. |
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34 | | - | (d) The appointments made by the speaker of the house of |
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35 | | - | representatives must consist of: |
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36 | | - | (1) three members of the house of representatives; |
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37 | | - | (2) a leader of the business community; |
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38 | | - | (3) a classroom teacher; and |
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39 | | - | (4) an elected member of the board of trustees of a |
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40 | | - | school district. |
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41 | | - | (e) The lieutenant governor and speaker of the house of |
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42 | | - | representatives shall each designate a co-chair from among the |
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43 | | - | committee members. |
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44 | | - | (f) The recommendations regarding an average pay increase |
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45 | | - | for classroom teachers must include recommendations on: |
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46 | | - | (1) a requirement that school districts and |
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47 | | - | open-enrollment charter schools ensure that the average annual pay |
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48 | | - | for classroom teachers employed at the district or school is |
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49 | | - | either: |
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50 | | - | (A) at least $1,000 more than the average annual |
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51 | | - | pay for classroom teachers employed at that district or school |
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52 | | - | during the school year immediately preceding the previous school |
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53 | | - | year; or |
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54 | | - | (B) equal to or greater than $51,000; and |
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55 | | - | (2) exceptions to the requirements described by |
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56 | | - | Subdivision (1). |
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57 | | - | (g) The recommendations regarding the creation of teacher |
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58 | | - | designations must include recommendations on: |
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59 | | - | (1) the creation of a tiered approach to teacher |
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60 | | - | designations that includes designations as an accomplished, |
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61 | | - | distinguished, or master teacher; |
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62 | | - | (2) the eligibility criteria, requirements, and |
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63 | | - | credentials required for designation as an accomplished, |
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64 | | - | distinguished, or master teacher; and |
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65 | | - | (3) methods of finance for a school district, |
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66 | | - | open-enrollment charter school, or the state to pay for a classroom |
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67 | | - | teacher to pursue a teacher designation. |
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68 | | - | (h) The recommendations regarding teacher retention must |
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69 | | - | include recommendations on how to retain quality teachers, |
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70 | | - | including mentoring programs. |
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71 | | - | (i) The recommendations regarding a teacher quality |
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72 | | - | allotment must include recommendations on creating an allotment |
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73 | | - | under the Foundation School Program that provides school districts |
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74 | | - | and open-enrollment charter schools funding for classroom teachers |
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75 | | - | with teacher designations, including increased funding for |
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76 | | - | classroom teachers who are assigned by a school district or |
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77 | | - | open-enrollment charter school to a campus at which a majority of |
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78 | | - | students are educationally disadvantaged or who are employed by a |
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79 | | - | school district or open-enrollment charter school that qualifies as |
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80 | | - | rural. |
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81 | | - | (j) Not later than September 1, 2018, the committee shall |
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82 | | - | submit to the governor, lieutenant governor, and speaker of the |
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83 | | - | house of representatives a report on the results of the study and |
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84 | | - | any recommendations for legislative or other action. |
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85 | | - | (k) This section expires January 1, 2019. |
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86 | | - | SECTION 2. This Act takes effect immediately if it receives |
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87 | | - | a vote of two-thirds of all the members elected to each house, as |
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88 | | - | provided by Section 39, Article III, Texas Constitution. If this |
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89 | | - | Act does not receive the vote necessary for immediate effect, this |
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90 | | - | Act takes effect on the 91st day after the last day of the |
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91 | | - | legislative session. |
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| 12 | + | SECTION 1. Section 12.104, Education Code, is amended by |
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| 13 | + | adding Subsection (b-4) to read as follows: |
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| 14 | + | (b-4) An open-enrollment charter school is subject to the |
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| 15 | + | average annual pay increase requirement under Section 21.416. This |
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| 16 | + | subsection expires September 1, 2034. |
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| 17 | + | SECTION 2. Section 21.042, Education Code, is amended to |
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| 18 | + | read as follows: |
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| 19 | + | Sec. 21.042. APPROVAL OF RULES. (a) Except as provided by |
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| 20 | + | Subsection (b), the [The] State Board for Educator Certification |
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| 21 | + | must submit a written copy of each rule it proposes to adopt to the |
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| 22 | + | State Board of Education for review. The State Board of Education |
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| 23 | + | may reject a proposed rule by a vote of at least two-thirds of the |
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| 24 | + | members of the board present and voting. If the State Board of |
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| 25 | + | Education fails to reject a proposal before the 90th day after the |
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| 26 | + | date on which it receives the proposal, the proposal takes effect as |
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| 27 | + | a rule of the State Board for Educator Certification as provided by |
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| 28 | + | Chapter 2001, Government Code. The State Board of Education may not |
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| 29 | + | modify a rule proposed by the State Board for Educator |
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| 30 | + | Certification. |
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| 31 | + | (b) Rules adopted by the State Board for Educator |
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| 32 | + | Certification under Subchapter P are not subject to Subsection (a). |
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| 33 | + | SECTION 3. Subchapter B, Chapter 21, Education Code, is |
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| 34 | + | amended by adding Section 21.063 to read as follows: |
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| 35 | + | Sec. 21.063. LEGACY MASTER TEACHER CERTIFICATIONS. (a) |
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| 36 | + | The board shall recognize a master teacher certificate issued under |
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| 37 | + | former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the |
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| 38 | + | certificate expires. The board shall note a designation of |
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| 39 | + | "legacy" on the certificate. |
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| 40 | + | (b) A master teacher certificate described by Subsection |
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| 41 | + | (a) does not generate funding under Section 42.162. |
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| 42 | + | SECTION 4. Subchapter I, Chapter 21, Education Code, is |
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| 43 | + | amended by adding Section 21.4025 to read as follows: |
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| 44 | + | Sec. 21.4025. COMMISSIONER ASSISTANCE. The commissioner |
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| 45 | + | shall provide assistance to school districts in implementing |
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| 46 | + | compensation structures that satisfy all applicable legal |
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| 47 | + | requirements, including requirements imposed under Section 42.162. |
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| 48 | + | SECTION 5. Subchapter I, Chapter 21, Education Code, is |
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| 49 | + | amended by adding Section 21.416 to read as follows: |
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| 50 | + | Sec. 21.416. AVERAGE PAY INCREASES FOR CLASSROOM TEACHERS. |
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| 51 | + | (a) In this section, "pay" includes salary, stipends, and other |
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| 52 | + | monetary disbursements made to a classroom teacher. The term does |
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| 53 | + | not include benefits or other payments made by the school district |
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| 54 | + | or open-enrollment charter school for the benefit of the teacher. |
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| 55 | + | (b) Except as provided by Subsection (c), beginning with the |
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| 56 | + | 2021-2022 school year, and subsequently occurring every other |
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| 57 | + | school year, each school district and open-enrollment charter |
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| 58 | + | school must ensure that the average annual pay for classroom |
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| 59 | + | teachers employed at the district or school is at least $1,000 more |
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| 60 | + | than the average annual pay for classroom teachers employed at that |
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| 61 | + | district or school during the school year immediately preceding the |
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| 62 | + | previous school year. |
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| 63 | + | (b-1) Notwithstanding Subsection (b), for the 2019-2020 |
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| 64 | + | school year, each school district and open-enrollment charter |
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| 65 | + | school must ensure that the average annual pay for classroom |
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| 66 | + | teachers employed at the district or school is at least $1,000 more |
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| 67 | + | than the average annual pay for classroom teachers employed at that |
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| 68 | + | district or school during the 2016-2017 school year. This |
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| 69 | + | subsection expires September 1, 2021. |
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| 70 | + | (c) Beginning with the 2021-2022 school year, if the average |
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| 71 | + | annual pay for classroom teachers employed at a school district or |
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| 72 | + | open-enrollment charter school is equal to or greater than $51,000, |
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| 73 | + | the district or school is not subject to Subsection (b). |
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| 74 | + | (d) Except as provided by Subsection (e), if a school |
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| 75 | + | district or open-enrollment charter school fails to satisfy the |
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| 76 | + | average annual pay requirement under this section for a school |
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| 77 | + | year, the commissioner shall recover funds from the district or |
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| 78 | + | school in an amount equal to the number of classroom teachers |
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| 79 | + | employed at the district or school for that school year multiplied |
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| 80 | + | by the difference between the average annual pay for classroom |
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| 81 | + | teachers required under this section for that school year and the |
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| 82 | + | average annual pay for classroom teachers provided by the district |
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| 83 | + | or school for that school year. The commissioner shall recover the |
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| 84 | + | funds in the same manner that overallocated funds are recovered |
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| 85 | + | under Section 42.258 or Subchapter D, Chapter 12, or by adjusting |
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| 86 | + | the amount necessary for a district to comply with the requirements |
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| 87 | + | of Chapter 41. |
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| 88 | + | (e) The commissioner may not recover funds under Subsection |
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| 89 | + | (d) if the commissioner determines that: |
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| 90 | + | (1) the budget of the school district or |
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| 91 | + | open-enrollment charter school complied with the average annual pay |
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| 92 | + | requirement but subsequent changes in employment that could not be |
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| 93 | + | reasonably anticipated resulted in the failure to satisfy that |
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| 94 | + | requirement; |
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| 95 | + | (2) the school district or open-enrollment charter |
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| 96 | + | school was provided less total state and local funding under the |
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| 97 | + | Foundation School Program for maintenance and operations for the |
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| 98 | + | school year for which the district or school is subject to recovery |
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| 99 | + | of funds under Subsection (d) than the total state and local funding |
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| 100 | + | provided for the school year immediately preceding the previous |
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| 101 | + | school year; |
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| 102 | + | (3) the school district or open-enrollment charter |
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| 103 | + | school has a reasonable expectation of a decrease in total revenue |
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| 104 | + | due to circumstances not anticipated in estimates adopted by the |
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| 105 | + | state; or |
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| 106 | + | (4) the estimated amount of state and local funding |
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| 107 | + | per student in weighted average daily attendance to be provided to |
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| 108 | + | the school district or open-enrollment charter school under the |
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| 109 | + | Foundation School Program for maintenance and operations for the |
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| 110 | + | school year for which the district or school is subject to recovery |
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| 111 | + | of funds under Subsection (d) is equal to or less than the amount of |
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| 112 | + | state and local funding provided to the district or school for the |
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| 113 | + | school year immediately preceding the previous school year. |
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| 114 | + | (f) As required by the commissioner, each school district |
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| 115 | + | and open-enrollment charter school shall report information |
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| 116 | + | relating to compliance with this section. |
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| 117 | + | (g) The commissioner may only adopt rules under this section |
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| 118 | + | using the negotiated rulemaking procedures under Chapter 2008, |
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| 119 | + | Government Code, including rules determining which classroom |
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| 120 | + | teachers and what types of pay must be included in determining |
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| 121 | + | compliance with this section. |
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| 122 | + | (h) This section expires September 1, 2034. |
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| 123 | + | SECTION 6. Chapter 21, Education Code, is amended by adding |
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| 124 | + | Subchapter P to read as follows: |
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| 125 | + | SUBCHAPTER P. ACCOMPLISHED, DISTINGUISHED, AND MASTER TEACHER |
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| 126 | + | DESIGNATIONS |
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| 127 | + | Sec. 21.751. ACCOMPLISHED TEACHER DESIGNATION. (a) The |
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| 128 | + | State Board for Educator Certification shall issue an accomplished |
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| 129 | + | teacher designation on the certificate of each teacher that |
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| 130 | + | qualifies as provided by Subsection (b). |
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| 131 | + | (b) To qualify for an accomplished teacher designation, a |
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| 132 | + | person must hold: |
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| 133 | + | (1) an eligible teaching certificate issued under |
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| 134 | + | Subchapter B; and |
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| 135 | + | (2) a National Board Certification issued by the |
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| 136 | + | National Board for Professional Teaching Standards. |
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| 137 | + | (c) An accomplished teacher designation must expire not |
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| 138 | + | later than the 10th year after the date the designation is issued. |
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| 139 | + | Sec. 21.752. DISTINGUISHED TEACHER DESIGNATION. (a) The |
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| 140 | + | State Board for Educator Certification may issue a distinguished |
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| 141 | + | teacher designation on the certificate of a teacher that qualifies |
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| 142 | + | as provided by Subsection (b). |
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| 143 | + | (b) To qualify for a distinguished teacher designation, a |
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| 144 | + | person must: |
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| 145 | + | (1) meet the criteria described by Section 21.751; |
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| 146 | + | (2) submit evidence of providing leadership to other |
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| 147 | + | classroom teachers, including letters of recommendation from: |
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| 148 | + | (A) the principal of the school at which the |
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| 149 | + | person is currently employed; and |
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| 150 | + | (B) two classroom teachers employed at the same |
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| 151 | + | school as the person during the preceding two school years; |
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| 152 | + | (3) be nominated by the school district or |
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| 153 | + | open-enrollment charter school at which the person is employed with |
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| 154 | + | nomination materials that include: |
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| 155 | + | (A) student performance information that |
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| 156 | + | provides an analysis of the growth of the teacher's students in each |
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| 157 | + | of the most recent three school years; and |
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| 158 | + | (B) an affirmation that the nominee has reviewed |
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| 159 | + | that student performance information; and |
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| 160 | + | (4) have performed in the top 25 percent, or the |
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| 161 | + | percentage adopted by the commissioner under Section 21.754(b), of |
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| 162 | + | classroom teachers in the state in a similar certification field in |
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| 163 | + | student growth averaged over the most recent three school years. |
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| 164 | + | (c) A distinguished teacher designation must expire not |
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| 165 | + | later than the fifth year after the date the designation is issued. |
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| 166 | + | Sec. 21.753. MASTER TEACHER DESIGNATION. (a) The State |
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| 167 | + | Board for Educator Certification may issue a master teacher |
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| 168 | + | designation on the certificate of a teacher that qualifies as |
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| 169 | + | provided by Subsection (b). |
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| 170 | + | (b) To qualify for a master teacher designation, a person |
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| 171 | + | must: |
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| 172 | + | (1) meet the criteria described by Section 21.752; and |
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| 173 | + | (2) have performed in the top five percent, or the |
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| 174 | + | percentage adopted by the commissioner under Section 21.754(b), of |
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| 175 | + | classroom teachers in the state in a similar certification field in |
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| 176 | + | student growth averaged over the most recent three school years. |
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| 177 | + | (c) A master teacher designation must expire not later than |
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| 178 | + | the fifth year after the date the designation is issued. |
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| 179 | + | Sec. 21.754. ELIGIBILITY FOR DISTINGUISHED AND MASTER |
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| 180 | + | TEACHER DESIGNATIONS. (a) The commissioner shall establish |
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| 181 | + | eligibility criteria required for designation as a distinguished or |
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| 182 | + | master teacher, including performance metrics, qualifying |
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| 183 | + | evidence, and standards for comparing teachers in similar |
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| 184 | + | certification fields. |
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| 185 | + | (b) The commissioner may: |
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| 186 | + | (1) adjust the percentages required under Sections |
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| 187 | + | 21.752 and 21.753 for a classroom teacher to qualify for a |
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| 188 | + | distinguished or master teacher designation; and |
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| 189 | + | (2) develop methods to incorporate, use, or substitute |
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| 190 | + | locally developed classroom teacher performance review systems |
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| 191 | + | that use a target distribution model to determine if a teacher |
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| 192 | + | satisfies the required criteria. |
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| 193 | + | (c) The commissioner shall use the negotiated rulemaking |
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| 194 | + | procedures under Chapter 2008, Government Code, and solicit input |
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| 195 | + | from educators and experts in the field of education in determining |
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| 196 | + | eligibility criteria under Subsection (a) and making any |
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| 197 | + | adjustments to required percentages under Subsection (b)(1). |
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| 198 | + | (d) The commissioner shall appoint a peer review panel to |
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| 199 | + | evaluate if an applicant has satisfied the requirements for a |
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| 200 | + | distinguished or master teacher designation under Section 21.752 or |
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| 201 | + | 21.753. A majority of the panel must consist of teachers with a |
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| 202 | + | master teacher designation as soon as a sufficient number of |
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| 203 | + | teachers with that designation exist. |
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| 204 | + | Sec. 21.755. NOMINATIONS FOR DISTINGUISHED AND MASTER |
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| 205 | + | TEACHER DESIGNATIONS. (a) To nominate a person as a distinguished |
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| 206 | + | or master teacher under Section 21.752 or 21.753, the |
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| 207 | + | superintendent of the school district at which the teacher is |
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| 208 | + | employed or the superintendent or administrator serving as |
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| 209 | + | educational leader and chief executive officer of the |
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| 210 | + | open-enrollment charter school at which the teacher is employed |
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| 211 | + | must submit a letter, including the nomination materials required |
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| 212 | + | under Section 21.752(b)(3), to the State Board for Educator |
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| 213 | + | Certification. |
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| 214 | + | (b) During the first school year for which a distinguished |
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| 215 | + | or master teacher designation is available in a particular |
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| 216 | + | certification field, a school district or open-enrollment charter |
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| 217 | + | school may nominate for both designations no more than two and |
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| 218 | + | one-half percent of the district's or school's classroom teachers |
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| 219 | + | who work in that certification field. Each subsequent school year, |
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| 220 | + | the district or school may nominate not more than five percent of |
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| 221 | + | the district's or school's classroom teachers, excluding |
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| 222 | + | nominations for the renewal of a distinguished or master teacher |
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| 223 | + | designation. |
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| 224 | + | (c) On request by the school district or open-enrollment |
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| 225 | + | charter school nominating a teacher under this section, any other |
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| 226 | + | school district or open-enrollment charter school shall, in a |
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| 227 | + | manner that complies with the Family Educational Rights and Privacy |
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| 228 | + | Act of 1974 (20 U.S.C. Section 1232g), provide to the nominating |
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| 229 | + | district or school student performance information that is required |
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| 230 | + | for the nominating district or school to submit a nomination. |
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| 231 | + | Information provided to a nominating district or school under this |
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| 232 | + | subsection is confidential. |
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| 233 | + | Sec. 21.756. MULTIPLE DESIGNATIONS PROHIBITED. A person |
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| 234 | + | may only hold one teacher designation under this subchapter at any |
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| 235 | + | time. |
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| 236 | + | Sec. 21.757. INFORMATION RELATING TO TEACHER AND STUDENT |
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| 237 | + | PERFORMANCE. (a) The State Board for Educator Certification, the |
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| 238 | + | agency, and a peer review panel appointed under Section 21.754(d) |
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| 239 | + | may access information required to make an eligibility |
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| 240 | + | determination under this subchapter, including information from |
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| 241 | + | the school district or open-enrollment charter school at which the |
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| 242 | + | teacher is or was employed relating to the performance of the |
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| 243 | + | teacher's current or previous students. Information otherwise |
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| 244 | + | confidential remains confidential and is not subject to Chapter 551 |
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| 245 | + | or 552, Government Code. |
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| 246 | + | (b) The agency shall collect information necessary to |
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| 247 | + | implement this subchapter, which may include student performance |
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| 248 | + | information for a sample of students across the state. |
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| 249 | + | (c) A school district or open-enrollment charter school |
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| 250 | + | shall provide any information required under this subchapter. |
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| 251 | + | Sec. 21.758. FEES. (a) The State Board for Educator |
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| 252 | + | Certification may adopt fees to implement this subchapter. |
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| 253 | + | (b) A school district or open-enrollment charter school may |
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| 254 | + | pay any fee adopted by the State Board for Educator Certification |
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| 255 | + | for a classroom teacher employed at the district or school to pursue |
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| 256 | + | a teacher designation under this subchapter. |
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| 257 | + | Sec. 21.759. STUDENT PERFORMANCE STUDY. (a) The |
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| 258 | + | commissioner shall periodically conduct a study using an external |
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| 259 | + | organization to determine the impact of the teacher designations |
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| 260 | + | issued under this subchapter on student performance. |
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| 261 | + | (b) The commissioner shall make recommendations as |
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| 262 | + | necessary to the State Board for Educator Certification, the |
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| 263 | + | governor, and the legislature to improve the quality of and impact |
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| 264 | + | on student performance of teacher designations issued under this |
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| 265 | + | subchapter. |
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| 266 | + | Sec. 21.760. RULES. (a) The State Board for Educator |
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| 267 | + | Certification may adopt rules to implement this subchapter. |
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| 268 | + | (b) The commissioner may adopt rules to implement the |
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| 269 | + | requirements imposed on the commissioner or agency under this |
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| 270 | + | subchapter. |
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| 271 | + | (c) The State Board for Educator Certification and the |
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| 272 | + | commissioner shall use the negotiated rulemaking procedures under |
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| 273 | + | Chapter 2008, Government Code, to implement any rules under this |
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| 274 | + | subchapter. |
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| 275 | + | Sec. 21.761. TEACHER DESIGNATION FEES. (a) A fee adopted |
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| 276 | + | by the State Board for Educator Certification for the period |
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| 277 | + | beginning September 1, 2017, and ending August 31, 2020, to |
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| 278 | + | implement the teacher designations under this subchapter is not |
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| 279 | + | subject to Sections 2001.0045 and 2001.0221, Government Code. |
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| 280 | + | (b) This section expires September 1, 2020. |
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| 281 | + | SECTION 7. Subchapter C, Chapter 42, Education Code, is |
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| 282 | + | amended by adding Section 42.162 to read as follows: |
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| 283 | + | Sec. 42.162. TEACHER QUALITY ALLOTMENT. (a) In this |
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| 284 | + | section, "pay" has the meaning assigned by Section 21.416. |
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| 285 | + | (b) A school district, including a school district that is |
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| 286 | + | otherwise ineligible for state aid under this chapter, and an |
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| 287 | + | open-enrollment charter school are entitled to an allotment in an |
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| 288 | + | amount equal to the sum of the product of $4,000 multiplied by: |
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| 289 | + | (1) the number of full-time equivalent classroom |
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| 290 | + | teachers with an accomplished teacher designation under Section |
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| 291 | + | 21.751 employed by the district or school; |
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| 292 | + | (2) the number of full-time equivalent classroom |
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| 293 | + | teachers with a distinguished teacher designation under Section |
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| 294 | + | 21.752 employed by the district or school; and |
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| 295 | + | (3) the number of full-time equivalent classroom |
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| 296 | + | teachers with a master teacher designation under Section 21.753 |
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| 297 | + | employed by the district or school. |
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| 298 | + | (c) Instead of the amounts provided by Subsection (b), for |
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| 299 | + | each qualifying full-time equivalent classroom teacher who is |
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| 300 | + | assigned by a school district or open-enrollment charter school to |
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| 301 | + | a campus at which a majority of students are educationally |
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| 302 | + | disadvantaged or who is employed by a school district or |
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| 303 | + | open-enrollment charter school that qualifies as rural, as |
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| 304 | + | determined by the commissioner, the district or school may elect to |
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| 305 | + | receive the following funding amounts: |
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| 306 | + | (1) $8,000 for each full-time equivalent classroom |
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| 307 | + | teacher with a distinguished teacher designation under Section |
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| 308 | + | 21.752 employed by the district or school; and |
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| 309 | + | (2) $20,000 for each full-time equivalent classroom |
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| 310 | + | teacher with a master teacher designation under Section 21.753 |
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| 311 | + | employed by the district or school. |
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| 312 | + | (d) If a school district or open-enrollment charter school |
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| 313 | + | that is exempt from the average pay increase under Section |
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| 314 | + | 21.416(c) elects to receive funding under Subsection (c) of this |
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| 315 | + | section, the district or school must ensure that: |
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| 316 | + | (1) not later than the third school year after the |
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| 317 | + | school year in which this subsection applies and the district or |
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| 318 | + | school receives funding under Subsection (c), the average annual |
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| 319 | + | pay of classroom teachers for whom the district or school receives |
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| 320 | + | funding under Subsection (c)(1) is at least $68,000; and |
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| 321 | + | (2) not later than the fifth school year after the |
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| 322 | + | school year in which this subsection applies and the district or |
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| 323 | + | school receives funding under Subsection (c), the average annual |
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| 324 | + | pay of classroom teachers for whom the district or school receives |
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| 325 | + | funding under Subsection (c)(2) is at least $85,000. |
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| 326 | + | (d-1) Subsection (d) and this subsection expire September |
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| 327 | + | 1, 2034. |
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| 328 | + | (e) Beginning with the 2034-2035 school year, a school |
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| 329 | + | district or open-enrollment charter school that elects to receive |
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| 330 | + | funding under Subsection (c) must ensure that: |
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| 331 | + | (1) not later than the third school year after the year |
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| 332 | + | in which this subsection applies and the district or school |
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| 333 | + | receives funding under Subsection (c), the average annual pay of |
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| 334 | + | classroom teachers for whom the district or school receives funding |
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| 335 | + | under Subsection (c)(1) is at least $68,000; and |
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| 336 | + | (2) not later than the fifth school year after the year |
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| 337 | + | in which this subsection applies and the district or school |
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| 338 | + | receives funding under Subsection (c), the average annual pay of |
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| 339 | + | classroom teachers for whom the district or school receives funding |
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| 340 | + | under Subsection (c)(2) is at least $85,000. |
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| 341 | + | (f) Except as provided by Subsection (g), a school district |
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| 342 | + | or open-enrollment charter school is not eligible for funding under |
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| 343 | + | Subsection (c) if the commissioner determines that the district or |
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| 344 | + | school has not met applicable average pay requirements under this |
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| 345 | + | section. The commissioner may restore funding eligibility to the |
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| 346 | + | district or school on proof of compliance with applicable average |
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| 347 | + | pay requirements. |
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| 348 | + | (g) The commissioner may not deny eligibility of a school |
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| 349 | + | district or open-enrollment charter school for funding under |
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| 350 | + | Subsection (c) if the commissioner determines that: |
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| 351 | + | (1) the budget of the school district or |
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| 352 | + | open-enrollment charter school complied with applicable average |
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| 353 | + | pay requirements under this section but subsequent changes in |
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| 354 | + | employment that could not be reasonably anticipated resulted in the |
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| 355 | + | failure to satisfy that requirement; |
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| 356 | + | (2) the school district or open-enrollment charter |
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| 357 | + | school was provided less total state and local funding under the |
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| 358 | + | Foundation School Program for maintenance and operations for the |
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| 359 | + | school year for which the district or school is subject to |
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| 360 | + | applicable average pay requirements under this section than the |
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| 361 | + | amount of state and local funding provided to the district or school |
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| 362 | + | for the previous school year; or |
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| 363 | + | (3) the school district or open-enrollment charter |
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| 364 | + | school has a reasonable expectation of a decrease in total revenue |
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| 365 | + | due to circumstances not anticipated in estimates adopted by the |
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| 366 | + | state. |
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| 367 | + | (h) Funding under this section may be provided to a school |
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| 368 | + | district or open-enrollment charter school only for: |
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| 369 | + | (1) the highest funding category for which a classroom |
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| 370 | + | teacher qualifies; and |
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| 371 | + | (2) if funding is provided under Subsection (c), |
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| 372 | + | qualifying classroom teachers for which the district or school |
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| 373 | + | applies. |
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| 374 | + | (i) The commissioner may adopt rules under this section |
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| 375 | + | using the negotiated rulemaking procedures under Chapter 2008, |
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| 376 | + | Government Code, including rules determining: |
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| 377 | + | (1) proration for classroom teachers who qualify under |
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| 378 | + | this section and who were employed by a school district or |
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| 379 | + | open-enrollment charter school for less than a full school year; |
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| 380 | + | and |
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| 381 | + | (2) which classroom teachers and what types of pay |
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| 382 | + | must be included to comply with applicable average pay requirements |
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| 383 | + | under this section. |
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| 384 | + | SECTION 8. Subchapter E, Chapter 42, Education Code, is |
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| 385 | + | amended by adding Section 42.25131 to read as follows: |
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| 386 | + | Sec. 42.25131. ADVANCE PAYMENT FOR PURSUIT OF ACCOMPLISHED |
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| 387 | + | TEACHER DESIGNATION. (a) The commissioner shall grant a school |
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| 388 | + | district or open-enrollment charter school an advance payment from |
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| 389 | + | the Foundation School Program in an amount equal to $1,900 per |
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| 390 | + | classroom teacher for whom the district or school submits a request |
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| 391 | + | to the agency. An advance payment made under this section may only |
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| 392 | + | be used to pursue an accomplished teacher designation for a teacher |
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| 393 | + | under Section 21.751 for the first time. |
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| 394 | + | (b) The school district or open-enrollment charter school |
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| 395 | + | shall repay the amount of the advance payment in equal installments |
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| 396 | + | over the three school years following the school year in which the |
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| 397 | + | advance payment is received. |
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| 398 | + | (c) For each classroom teacher for whom a school district or |
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| 399 | + | open-enrollment charter school receives funding under this section |
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| 400 | + | and who does not receive an accomplished teacher designation under |
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| 401 | + | Section 21.751 by the end of the fourth school year after the |
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| 402 | + | district received funding, the district or school shall pay to the |
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| 403 | + | Foundation School Program an additional $300. |
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| 404 | + | (d) The commissioner may modify the advance payment program |
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| 405 | + | under this section, including modifications to funding |
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| 406 | + | entitlements to and amounts owed by a school district or |
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| 407 | + | open-enrollment charter school because of a classroom teacher |
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| 408 | + | leaving employment at the district or school before the expiration |
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| 409 | + | of the time periods established under this section. |
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| 410 | + | (e) The commissioner may adopt rules to implement this |
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| 411 | + | section using the negotiated rulemaking procedures under Chapter |
---|
| 412 | + | 2008, Government Code. |
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| 413 | + | SECTION 9. Effective September 1, 2019, Section 42.302(a), |
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| 414 | + | Education Code, is amended to read as follows: |
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| 415 | + | (a) Each school district is guaranteed a specified amount |
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| 416 | + | per weighted student in state and local funds for each cent of tax |
---|
| 417 | + | effort over that required for the district's local fund assignment |
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| 418 | + | up to the maximum level specified in this subchapter. The amount of |
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| 419 | + | state support, subject only to the maximum amount under Section |
---|
| 420 | + | 42.303, is determined by the formula: |
---|
| 421 | + | GYA = (GL X WADA X DTR X 100) - LR |
---|
| 422 | + | where: |
---|
| 423 | + | "GYA" is the guaranteed yield amount of state funds to be |
---|
| 424 | + | allocated to the district; |
---|
| 425 | + | "GL" is the dollar amount guaranteed level of state and local |
---|
| 426 | + | funds per weighted student per cent of tax effort, which is an |
---|
| 427 | + | amount described by Subsection (a-1) or a greater amount for any |
---|
| 428 | + | year provided by appropriation; |
---|
| 429 | + | "WADA" is the number of students in weighted average daily |
---|
| 430 | + | attendance, which is calculated by dividing the sum of the school |
---|
| 431 | + | district's allotments under Subchapters B and C, less any allotment |
---|
| 432 | + | to the district for transportation, any allotment under Section |
---|
| 433 | + | 42.158, [or] 42.160, or 42.162, and 50 percent of the adjustment |
---|
| 434 | + | under Section 42.102, by the basic allotment for the applicable |
---|
| 435 | + | year; |
---|
| 436 | + | "DTR" is the district enrichment tax rate of the school |
---|
| 437 | + | district, which is determined by subtracting the amounts specified |
---|
| 438 | + | by Subsection (b) from the total amount of maintenance and |
---|
| 439 | + | operations taxes collected by the school district for the |
---|
| 440 | + | applicable school year and dividing the difference by the quotient |
---|
| 441 | + | of the district's taxable value of property as determined under |
---|
| 442 | + | Subchapter M, Chapter 403, Government Code, or, if applicable, |
---|
| 443 | + | under Section 42.2521, divided by 100; and |
---|
| 444 | + | "LR" is the local revenue, which is determined by multiplying |
---|
| 445 | + | "DTR" by the quotient of the district's taxable value of property as |
---|
| 446 | + | determined under Subchapter M, Chapter 403, Government Code, or, if |
---|
| 447 | + | applicable, under Section 42.2521, divided by 100. |
---|
| 448 | + | SECTION 10. Section 61.0766(e), Education Code, is amended |
---|
| 449 | + | to read as follows: |
---|
| 450 | + | (e) An academy program may: |
---|
| 451 | + | (1) provide financial assistance for the purpose of |
---|
| 452 | + | allowing participants to complete the program [and obtain a master |
---|
| 453 | + | teacher certificate under Section 21.0482, 21.0483, or 21.0484]; |
---|
| 454 | + | (2) include programs in leadership skills to develop |
---|
| 455 | + | training, mentoring, and coaching skills; |
---|
| 456 | + | (3) deliver coursework electronically for some or all |
---|
| 457 | + | of the program; and |
---|
| 458 | + | (4) provide for ongoing professional development and |
---|
| 459 | + | coordination with specific public school instructional programs. |
---|
| 460 | + | SECTION 11. The following provisions of the Education Code |
---|
| 461 | + | are repealed: |
---|
| 462 | + | (1) Section 21.0481; |
---|
| 463 | + | (2) Section 21.0482; |
---|
| 464 | + | (3) Section 21.0483; |
---|
| 465 | + | (4) Section 21.0484; |
---|
| 466 | + | (5) Section 21.410; |
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| 467 | + | (6) Section 21.411; |
---|
| 468 | + | (7) Section 21.412; and |
---|
| 469 | + | (8) Section 21.413. |
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| 470 | + | SECTION 12. The State Board for Educator Certification may |
---|
| 471 | + | not issue a new or renew a master teacher certificate issued under |
---|
| 472 | + | Section 21.0481, 21.0482, 21.0483, or 21.0484, Education Code, on |
---|
| 473 | + | or after the effective date of this Act. |
---|
| 474 | + | SECTION 13. Sections 12.104(b-4), 21.4025, 21.416, and |
---|
| 475 | + | 42.162, Education Code, as added by this Act, apply beginning with |
---|
| 476 | + | the 2019-2020 school year. |
---|
| 477 | + | SECTION 14. Except as otherwise provided by this Act, this |
---|
| 478 | + | Act takes effect immediately if it receives a vote of two-thirds of |
---|
| 479 | + | all the members elected to each house, as provided by Section 39, |
---|
| 480 | + | Article III, Texas Constitution. If this Act does not receive the |
---|
| 481 | + | vote necessary for immediate effect, this Act takes effect December |
---|
| 482 | + | 1, 2017. |
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