85S11876 GCB-D
By: Villalba H.B. No. 354
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of teacher performance contracts for
classroom teachers and an increased basic allotment for school
districts that adopt those contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Education Code, is amended by adding
Subchapter H-1 to read as follows:
SUBCHAPTER H-1. TEACHER PERFORMANCE CONTRACTS
Sec. 21.371. TEACHER PERFORMANCE CONTRACTS. (a) A school
district may adopt teacher performance contracts under this
subchapter for use in the district for the purpose of providing
specific guidance to classroom teachers on improving performance.
(b) A district that adopts teacher performance contracts
under this subchapter must use a teacher performance contract
evaluation system described by Section 21.372.
(c) A teacher performance contract under this subchapter is
a supplemental agreement between the district and teacher and does
not affect the requirements under this chapter to employ a teacher
under a probationary, continuing, or term contract.
Sec. 21.372. TEACHER PERFORMANCE CONTRACT EVALUATION
SYSTEM. (a) A teacher performance contract evaluation system
consists of an appraisal process and performance criteria adopted
in accordance with Section 21.352(a)(2) that include evaluation
based on:
(1) observation of the teacher's performance;
(2) student achievement results, as measured by
student growth and performance on multiple tests and school growth
and performance on state assessment instruments administered under
Section 39.023; and
(3) research-based, age-appropriate surveys
administered to students about the teacher's performance.
(b) The evaluation system described by this section must
provide that a classroom teacher's performance on each criteria
listed in Subsection (a)(1), (2), or (3) is weighted not less than
15 percent of the teacher's appraisal.
(c) The evaluation system described by this section must
provide not fewer than eight performance levels to which a
classroom teacher may be assigned based on the teacher's appraisal.
Sec. 21.373. ADDITIONAL COMPENSATION BASED ON APPRAISAL
PERFORMANCE LEVEL. (a) A teacher performance contract must
provide for additional compensation for a classroom teacher
assigned a performance level under the evaluation system described
by Section 21.372 that indicates the teacher's performance exceeds
the performance expected at the teacher's level of experience.
(b) The contract must ensure that the salary of a teacher
described by Subsection (a) exceeds the compensation the teacher is
entitled to under the minimum salary schedule provided by Section
21.402.
Sec. 21.374. CERTAIN EMPLOYMENT RENEWAL PROHIBITED. (a) A
school district that adopts teacher performance contracts under
this subchapter may not renew the employment contract of a
classroom teacher employed under a probationary contract who is
assigned the minimum performance level based on the teacher's
appraisal for the school year, except as otherwise provided by
Subsection (b).
(b) The board of trustees of a school district may take
specific action to renew the employment of a teacher who is employed
under a probationary contract and is assigned the minimum
performance level based on the teacher's appraisal for the school
year.
Sec. 21.375. COMMISSIONER APPROVAL. The commissioner shall
approve a school district for purposes of the adjustment in the
district's basic allotment provided by Section 42.101(d) if the
commissioner determines that:
(1) the district has met the requirements for teacher
performance contracts provided by this subchapter; and
(2) the teacher performance contracts adopted by the
district satisfy any commissioner rules adopted to ensure that
teacher performance contracts are likely to improve the district's:
(A) recruitment of effective classroom teachers;
(B) retention of effective classroom teachers;
and
(C) student performance.
Sec. 21.376. RULES. The commissioner may adopt rules to
implement this subchapter.
SECTION 2. Section 42.101, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding any other provision of this section,
for a school district that adopts teacher performance contracts
under Subchapter H-1, Chapter 21, and receives commissioner
approval under Section 21.375, the basic allotment to which the
district would otherwise be entitled under this section is
increased by the amount that results from the following formula:
I = $50 X (PCE/TE)
where:
"I" is the amount by which the district's basic allotment is
increased under this subsection;
"PCE" is the number of classroom teachers employed by the
district that have entered a teacher performance contract with the
district; and
"TE" is the total number of classroom teachers employed by
the district.
SECTION 3. This Act applies beginning with the 2018-2019
school year.
SECTION 4. This Act takes effect December 1, 2017.