Bill Text: TX HB2012 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to public school educators and certain other professional employees of school districts.

Sponsorship: Bipartisan Bill

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB2012 Detail]

Download: Texas-2013-HB2012-Enrolled.html

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H.B. No. 2012

AN ACT
relating to public school educators and certain other professional
employees of school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.038 to read as follows:
Sec. 7.038. PROFESSIONAL EMPLOYEE SALARY INFORMATION. (a)
The agency shall collect information from school districts
regarding salaries paid to employees entitled to the minimum
monthly salary under Section 21.402.
(b) The agency shall provide for public use of the
information collected under Subsection (a) in summary form on the
agency's Internet website in a manner that indicates, by school
district, the average salaries of employees to whom Subsection (a)
applies by position and for classroom teachers, also by subject and
grade level.
(c) The agency shall use the data collected under Subsection
(a) regarding salaries paid to classroom teachers to conduct a
cost-of-living salary comparability analysis in each region of the
state to determine how classroom teacher salaries compare to
salaries in similar professions. The commissioner shall delineate
the geographic boundaries of the regions of the state and designate
the professions that constitute similar professions for purposes of
conducting the salary comparability analysis under this
subsection. Not later than December 1, 2014, the agency shall
prepare and deliver a report of the salary comparability analysis
conducted under this subsection to the governor, lieutenant
governor, speaker of the house of representatives, and presiding
officer of each standing legislative committee with primary
jurisdiction over public education. The agency shall post a copy of
the report on the agency's Internet website.
(d) The agency shall collect data and conduct the
cost-of-living salary comparability analysis under this section
using only available funds and resources from public or private
sources.
(e) This section expires September 1, 2015.
SECTION 2. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.064 to read as follows:
Sec. 7.064. TEACHING AND LEARNING CONDITIONS SURVEY. (a)
The commissioner shall develop an online survey to be administered
statewide at least biennially to superintendents, principals,
supervisors, classroom teachers, counselors, and other appropriate
full-time professional employees who are required to hold a
certificate issued under Subchapter B, Chapter 21.
(b) In developing the survey under this section, the
commissioner shall ensure that the survey is designed to elicit
information relating to the following issues:
(1) teaching and learning conditions as predictors of
student achievement and growth;
(2) the relationship between teaching and learning
conditions and teacher retention;
(3) the influence of school leadership on teaching and
learning conditions, including:
(A) meaningful involvement of teachers in
determining professional development needs;
(B) meaningful involvement of teachers in campus
decisions and initiatives;
(C) support for teachers in student disciplinary
matters; and
(D) limiting required meetings for and
noninstructional duties of teachers;
(4) the relationship between teaching and learning
conditions and student attendance and graduation;
(5) the appropriate time during the day for
collaborative instructional planning;
(6) facilities resources needs; and
(7) other supports needed for educators to be
successful in the classroom.
(c) The commissioner shall contract with a third-party
entity with appropriate research and evaluation expertise to
administer the survey required by this section. The third-party
survey administrator shall collect responses and protect the
identity of the respondents. The third-party survey administrator
shall provide the survey responses to the commissioner or a person
designated by the commissioner not later than the 60th day after the
date the survey is administered.
(d) After the administration of each survey, the
commissioner shall:
(1) make the survey results available to the public;
and
(2) provide the survey results to school districts and
campuses.
(e) Each school district and campus shall use the survey
results:
(1) to review and revise, as appropriate,
district-level or campus-level improvement plans in the manner
provided under Subchapter F, Chapter 11; and
(2) for other purposes, as appropriate to enhance the
district and campus learning environment.
(f) The commissioner shall use the survey results to
develop, review, and revise:
(1) agency professional development offerings;
(2) agency initiatives aimed at teacher retention; and
(3) standards for principals and superintendents.
(g) The commissioner shall carry out duties under this
section, including contracting for the administration of the
survey, using only available funds and resources from public and
private sources.
SECTION 3. Section 21.044, Education Code, as amended by
Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd
Legislature, Regular Session, 2011, is reenacted and amended to
read as follows:
Sec. 21.044. EDUCATOR PREPARATION. (a) The board shall
propose rules establishing the training requirements a person must
accomplish to obtain a certificate, enter an internship, or enter
an induction-year program. The board shall specify the minimum
academic qualifications required for a certificate.
(b) Any minimum academic qualifications for a certificate
specified under Subsection (a) that require a person to possess a
bachelor's degree must also require that the person receive, as
part of the curriculum for that degree, instruction in detection
and education of students with dyslexia. This subsection does not
apply to a person who obtains a certificate through an alternative
certification program adopted under Section 21.049.
(c) The instruction under Subsection (b) must:
(1) be developed by a panel of experts in the diagnosis
and treatment of dyslexia who are:
(A) employed by institutions of higher
education; and
(B) approved by the board; and
(2) include information on:
(A) characteristics of dyslexia;
(B) identification of dyslexia; and
(C) effective, multisensory strategies for
teaching students with dyslexia.
(d) [(b)] In proposing rules under this section, the board
shall specify that to obtain a certificate to teach an "applied STEM
course," as that term is defined by Section 28.027, at a secondary
school, a person must:
(1) pass the certification test administered by the
recognized national or international business and industry group
that created the curriculum the applied STEM course is based on; and
(2) have at a minimum:
(A) an associate degree from an accredited
institution of higher education; and
(B) three years of work experience in an
occupation for which the applied STEM course is intended to prepare
the student.
(e) Each educator preparation program must provide
information regarding:
(1) the skills that educators are required to possess,
the responsibilities that educators are required to accept, and the
high expectations for students in this state;
(2) the effect of supply and demand forces on the
educator workforce in this state;
(3) the performance over time of the educator
preparation program;
(4) the importance of building strong classroom
management skills; and
(5) the framework in this state for teacher and
principal evaluation, including the procedures followed in
accordance with Subchapter H.
SECTION 4. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0441 to read as follows:
Sec. 21.0441. ADMISSION REQUIREMENTS FOR EDUCATOR
PREPARATION PROGRAMS. (a) Rules of the board proposed under this
subchapter must provide that a person, other than a person seeking
career and technology education certification, is not eligible for
admission to an educator preparation program, including an
alternative educator preparation program, unless the person:
(1) except as provided by Subsection (b), satisfies
minimum grade point average requirements prescribed by the board,
not to exceed the following:
(A) an overall grade point average of at least
2.75 on a four-point scale or the equivalent on any course work
previously attempted at a public or private institution of higher
education; or
(B) a grade point average of at least 2.75 on a
four-point scale or the equivalent for the last 60 semester credit
hours attempted at a public or private institution of higher
education; and
(2) if the person is seeking initial certification:
(A) has successfully completed at least:
(i) 15 semester credit hours in the
subject-specific content area in which the person is seeking
certification, if the person is seeking certification to teach
mathematics or science at or above grade level seven; or
(ii) 12 semester credit hours in the
subject-specific content area in which the person is seeking
certification, if the person is not seeking certification to teach
mathematics or science at or above grade level seven; or
(B) has achieved a satisfactory level of
performance on a content certification examination, which may be a
content certification examination administered by a vendor
approved by the commissioner for purposes of administering such an
examination for the year for which the person is applying for
admission to the program.
(b) The board's rules must permit an educator preparation
program to admit in extraordinary circumstances a person who fails
to satisfy a grade point average requirement prescribed by
Subsection (a)(1)(A) or (B), provided that:
(1) not more than 10 percent of the total number of
persons admitted to the program in a year fail to satisfy the
requirement under Subsection (a)(1)(A) or (B); and
(2) for each person admitted as described by this
subsection, the director of the program determines and certifies,
based on documentation provided by the person, that the person's
work, business, or career experience demonstrates achievement
comparable to the academic achievement represented by the grade
point average requirement.
SECTION 5. Section 21.048, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The board shall propose rules prescribing comprehensive
examinations for each class of certificate issued by the board. The
board shall determine the satisfactory level of performance
required for each certification examination. For the issuance of a
generalist certificate, the board shall require a satisfactory
level of examination performance in each core subject covered by
the examination.
(a-1) The board may not require that more than 45 days
elapse before a person may retake an examination.
SECTION 6. Section 21.352, Education Code, is amended by
amending Subsection (c) and adding Subsections (c-1), (e), and (f)
to read as follows:
(c) Except as otherwise provided by this subsection,
appraisal must be done at least once during each school year. A
teacher may be appraised less frequently if the teacher agrees in
writing and the teacher's most recent evaluation rated the teacher
as at least proficient, or the equivalent, and did not identify any
area of deficiency. A teacher who is appraised less frequently than
annually must be appraised at least once during each period of five
school years. The district shall maintain a written copy of the
evaluation of each teacher's performance in the teacher's personnel
file. Each teacher is entitled to receive a written copy of the
evaluation promptly on its completion. After receiving a written
copy of the evaluation, a teacher is entitled to a second appraisal
by a different appraiser or to submit a written rebuttal to the
evaluation to be attached to the evaluation in the teacher's
personnel file. The evaluation and any rebuttal may be given to
another school district at which the teacher has applied for
employment at the request of that district.
(c-1) In addition to conducting a complete appraisal as
frequently as required by Subsection (c), a school district shall
require that appropriate components of the appraisal process, such
as classroom observations and walk-throughs, occur more frequently
as necessary to ensure that a teacher receives adequate evaluation
and guidance. A school district shall give priority to conducting
appropriate components more frequently for inexperienced teachers
or experienced teachers with identified areas of deficiency.
(e) A district shall use a teacher's consecutive appraisals
from more than one year, if available, in making the district's
employment decisions and developing career recommendations for the
teacher.
(f) The district shall notify a teacher of the results of
any appraisal of the teacher in a timely manner so that the
appraisal may be used as a developmental tool by the district and
the teacher to improve the overall performance of the teacher.
SECTION 7. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.4513 to read as follows:
Sec. 21.4513. PROFESSIONAL DEVELOPMENT REQUIREMENTS AUDIT.
(a) Using only available funds and resources from public or
private sources, the agency shall periodically conduct an audit of
the professional development requirements applicable to educators
in this state, including state and federal requirements and
requirements imposed by school districts.
(b) Based on audit results, the agency shall seek to
eliminate conflicting requirements and consolidate duplicative
requirements through the following methods, as appropriate:
(1) taking administrative action;
(2) encouraging school districts to make appropriate
changes to district policies; or
(3) recommending statutory changes to the
legislature.
(b-1) The agency shall complete the initial audit required
by Subsection (a) not later than August 1, 2014. This subsection
expires September 1, 2014.
(c) The agency shall provide guidance to school districts
regarding high-quality professional development and the outcomes
expected to result from providing that caliber of professional
development.
SECTION 8. Section 21.458, Education Code, is amended by
amending Subsection (c) and adding Subsections (e) and (e-1) to
read as follows:
(c) From the funds appropriated to the agency for purposes
of this section, the commissioner shall adopt rules and provide
funding to school districts that assign mentor teachers under this
section. Funding provided to districts under this section may be
used only for providing:
(1) mentor teacher stipends;
(2) scheduled release time for mentor teachers and the
classroom teachers to whom they are assigned for meeting and
engaging in [to provide] mentoring activities [to assigned
classroom teachers]; and
(3) mentoring support through providers of mentor
training.
(e) Each year the commissioner shall report to the
legislature regarding the effectiveness of school district
mentoring programs.
(e-1) Not later than November 1, 2013, the governor,
lieutenant governor, and speaker of the house of representatives
shall form an advisory committee to evaluate the implementation of
this section and make recommendations for improvement. The
committee shall develop recommended guidelines that align teacher
induction and mentoring activities with expectations for new
teachers based on teaching practice standards. The agency shall
provide administrative support for the committee. The committee
shall submit a report of its recommendations to the governor and
legislature not later than January 1, 2015. This subsection
expires January 31, 2015.
SECTION 9. Not later than September 1, 2014, the Texas
Education Agency, the State Board for Educator Certification, and
the Texas Higher Education Coordinating Board shall jointly review
existing standards for preparation and admission that are
applicable to educator preparation programs, including stakeholder
input in the review and development of those standards, and develop
and implement modifications necessary to reflect updated standards
for the teaching profession.
SECTION 10. To the extent of any conflict, this Act prevails
over another Act of the 83rd Legislature, Regular Session, 2013,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 11. 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 September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2012 was passed by the House on May 8,
2013, by the following vote: Yeas 130, Nays 17, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2012 on May 24, 2013, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2012 on May 26, 2013, by the following vote: Yeas 92,
Nays 53, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2012 was passed by the Senate, with
amendments, on May 22, 2013, by the following vote: Yeas 25, Nays
6; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2012 on May 26, 2013, by the following vote: Yeas 24, Nays 7.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor