Bill Text: TX HB2012 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to public school educators and certain other professional employees of school districts.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [HB2012 Detail]
Download: Texas-2013-HB2012-Enrolled.html
H.B. No. 2012 |
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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) [ |
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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 [ |
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(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 |