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A BILL TO BE ENTITLED
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AN ACT
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relating to the salary paid to certain public school teachers, the |
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creation of certain teacher designations, and allotments for |
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certain educators under the Foundation School Program; authorizing |
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the imposition of a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Sections 21.063 and 21.064 to read as follows: |
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Sec. 21.063. TEACHER DESIGNATIONS ON CERTIFICATE. (a) The |
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board shall place the appropriate designation issued to a teacher |
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under Subchapter P on the teacher's certificate as soon as |
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practicable after being notified by the agency of the issuance of |
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the designation. |
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(b) The board shall remove a designation under Subchapter P |
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from a teacher's certificate on: |
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(1) expiration of the designation, unless the agency |
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notifies the board that the designation has been renewed; or |
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(2) revocation of the designation under Section |
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21.755(d). |
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Sec. 21.064. LEGACY MASTER TEACHER CERTIFICATIONS. (a) |
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The board shall recognize a master teacher certificate issued under |
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former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the |
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certificate expires. The board shall note a designation of |
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"legacy" on the certificate. |
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(b) A master teacher certificate described by Subsection |
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(a) is not eligible for funding under the educator effectiveness |
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allotment under Section 42.170. |
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SECTION 2. Section 21.355(d), Education Code, is amended to |
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read as follows: |
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(d) A school district or open-enrollment charter school |
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shall [may] give the agency information regarding the performance |
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of a teacher or administrator, including a document evaluating the |
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performance of a teacher or administrator currently or previously |
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employed by the district or school for purposes of an investigation |
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conducted by the agency. |
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SECTION 3. Section 21.402, Education Code, is amended by |
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amending Subsections (a) and (c-1) and adding Subsections (c-2), |
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(c-3), and (c-4) to read as follows: |
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(a) Except as provided by Subsection (e-1) [or (f)], a |
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school district must pay each [classroom teacher,] full-time |
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librarian, full-time school counselor certified under Subchapter |
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B, or full-time school nurse not less than the minimum monthly |
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salary, based on the employee's level of experience in addition to |
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other factors, as determined by commissioner rule, determined by |
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the following formula: |
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MS = SF x FS |
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where: |
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"MS" is the minimum monthly salary; |
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"SF" is the applicable salary factor specified by Subsection |
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(c); and |
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"FS" is the amount, as determined by the commissioner under |
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Subsection (b), of the basic allotment as provided by Section |
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42.101(a) or (b) for a school district with a maintenance and |
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operations tax rate at least equal to the state maximum compressed |
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tax rate, as defined by Section 42.101(a). |
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(c-1) Notwithstanding Subsections (a) and (b), each school |
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district shall pay a monthly salary to each [classroom teacher,
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full-time speech pathologist,] full-time librarian, full-time |
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school counselor certified under Subchapter B, and full-time school |
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nurse that is at least equal to the following monthly salary or the |
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monthly salary determined by the commissioner under Subsections (a) |
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and (b), whichever is greater: |
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(c-2) Except as provided by Subsection (c-4), a school |
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district must pay each fully certified classroom teacher not less |
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than the following monthly salary, based on the teacher's level of |
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experience in addition to other factors, as determined by |
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commissioner rule: |
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(c-3) For purposes of Subsection (c-2), a "fully certified |
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classroom teacher" means a classroom teacher who holds a |
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certificate issued under Subchapter B but does not include: |
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(1) a person who holds an emergency certificate issued |
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under Section 21.041(b)(2); |
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(2) a person who holds a certificate issued pursuant |
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to enrollment in an approved alternative certification program |
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under Section 21.049 but who has not completed all program and other |
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certification requirements; |
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(3) a person who holds a school district teaching |
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permit issued under Section 21.055; or |
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(4) a person employed under a waiver granted by the |
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commissioner under Section 7.056. |
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(c-4) The board of trustees of a school district may adopt a |
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minimum salary schedule based on performance tiers, as determined |
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by teacher appraisal and performance criteria under Sections 21.351 |
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and 21.352, instead of years of experience. A minimum salary |
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schedule adopted under this subsection: |
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(1) is not required to have a salary factor based on |
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minimum years of experience for a performance tier; |
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(2) must include: |
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(A) a minimum salary for each performance tier; |
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and |
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(B) at least one performance tier with a minimum |
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salary of not less than the minimum salary under the salary schedule |
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specified by Subsection (c-2) for a classroom teacher with 20 or |
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more years of experience; and |
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(3) may not set a minimum salary at an amount that is |
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less than the minimum salary under the salary schedule specified by |
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Subsection (c-2) for a classroom teacher with zero years of |
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experience. |
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SECTION 4. Chapter 21, Education Code, is amended by adding |
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Subchapter P to read as follows: |
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SUBCHAPTER P. RECOGNIZED, EXEMPLARY, AND MASTER TEACHER |
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DESIGNATIONS |
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Sec. 21.751. DEFINITION. In this subchapter, "classroom |
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teacher" includes an individual who: |
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(1) is a teacher of record who teaches at least half |
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the average number of students for a teaching assignment at the |
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school campus at which the teacher is employed; and |
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(2) satisfies the amount of teaching time requirement |
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in the definition of a classroom teacher under Section 5.001 by |
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providing educator leadership, including collaborating with, |
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mentoring, or supporting other teachers. |
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Sec. 21.752. RECOGNIZED, EXEMPLARY, AND MASTER TEACHER |
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DESIGNATIONS. (a) To recognize the performance of teachers in this |
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state, the commissioner shall: |
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(1) establish an approval process for school districts |
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and open-enrollment charter schools to designate a teacher as a |
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recognized, exemplary, or master teacher and include the |
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designation on the teacher's teaching certificate; |
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(2) develop and provide technical assistance for |
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school districts and open-enrollment charter schools in making |
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teacher designations, including: |
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(A) methods to involve staff in locally |
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developing the process for designating teachers under this |
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subchapter; and |
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(B) assistance focusing on problems faced by |
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rural school districts; and |
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(3) subject to Subsection (b), authorize school |
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districts and open-enrollment charter schools to make teacher |
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designations for a five-year period, provided that the district's |
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teacher designation system meets the requirements under Section |
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21.754. |
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(b) The commissioner shall use an institution of higher |
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education to verify that the appraisals of a representative sample |
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of classroom teachers meet the requirements for teacher |
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designations under this subchapter. Verification may include |
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on-site classroom observations or observations by video or audio |
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recording of classroom sessions. |
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Sec. 21.753. ELIGIBILITY CRITERIA FOR TEACHER DESIGNATION. |
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(a) To be eligible for a teacher designation under this subchapter, |
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a classroom teacher must: |
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(1) hold an eligible teaching certificate issued under |
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Subchapter B; and |
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(2) satisfy any additional requirements adopted by the |
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school district or open-enrollment charter school at which the |
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teacher is employed. |
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(b) A school district or open-enrollment charter school may |
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designate a classroom teacher as recognized if the classroom |
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teacher: |
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(1) holds a National Board Certification issued by the |
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National Board for Professional Teaching Standards; and |
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(2) meets the other requirements of this section. |
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(c) Except as provided by Subsection (d), the commissioner |
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may approve a school district or open-enrollment charter school to |
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designate a teacher under this subchapter if the district's or |
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school's designation system under Section 21.754 determines that |
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among teachers in the state in similar teaching assignments, the |
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teacher is: |
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(1) for a recognized teacher, in the top 33 percent in |
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teaching performance; |
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(2) for an exemplary teacher, in the top 20 percent in |
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teaching performance; or |
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(3) for a master teacher, in the top 5 percent of |
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teaching performance. |
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(d) The commissioner may raise the percentages required |
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under Subsection (c) to ensure consistency of teacher performance |
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standards over multiple school years as statewide performance |
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improves, including for the purpose of teacher designation |
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renewals. |
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Sec. 21.754. DISTRICT TEACHER DESIGNATION SYSTEMS. (a) A |
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district's teacher designation system must incorporate: |
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(1) an educator appraisal system that complies with |
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Section 21.351 or 21.352, including incorporating student |
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performance, which may be measured by student performance over |
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multiple school years; |
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(2) student perception surveys for the third grade |
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level and higher; |
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(3) educator leadership, including collaborating |
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with, mentoring, or supporting other teachers; |
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(4) reliable observation-based appraisal components, |
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including the use of independent observers and processes to ensure |
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inter-rater reliability of observers; and |
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(5) reliable underlying student assessments used to |
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evaluate student performance, including test security protocols |
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and defined testing windows. |
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(a-1) A school district's or open-enrollment charter |
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school's teacher designation system is not required to incorporate |
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the surveys required under Subsection (a)(2) until the 2022-2023 |
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school year. This subsection expires September 1, 2023. |
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(b) The commissioner may not authorize a school district or |
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open-enrollment charter school to make teacher designations under |
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this subchapter until the district's teacher designation system has |
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evaluated classroom teachers in compliance with Subsection (a)(4). |
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(c) The commissioner may develop an auditing process for |
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district teacher designation systems to maintain quality and ensure |
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compliance. The commissioner may, as necessary: |
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(1) revoke the commissioner's approval of a district's |
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designation system; |
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(2) require modifications to a district's designation |
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system to retain the commissioner's approval; |
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(3) suspend eligibility for funding for a district's |
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noncompliance with an audit; or |
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(4) recover funds under Section 42.258 from a district |
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that has a designation system that is out of compliance or for which |
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the commissioner's approval has been revoked. |
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(d) The commissioner may adopt necessary reporting |
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processes and timelines for the auditing process under Subsection |
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(c). |
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Sec. 21.755. VALIDITY AND EXPIRATION OF TEACHER |
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DESIGNATION. (a) A teacher designation under this subchapter: |
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(1) is valid until the teacher designation expires |
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regardless of whether the teacher: |
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(A) changes teaching assignment; |
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(B) transfers school campuses; or |
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(C) is employed by another school district or |
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open-enrollment charter school; and |
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(2) expires at the end of the school year during which |
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the fifth anniversary of the date on which the teacher receives the |
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designation occurs. |
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(b) A teacher has no vested property right in a teacher |
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designation assigned to the teacher under this subchapter. |
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(c) A teacher designation issued under this subchapter is |
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void on the determination that the designation was issued |
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improperly. Subchapters C through H, Chapter 2001, Government |
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Code, do not apply to the voiding of a teacher designation under |
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this subsection. |
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(d) The State Board for Educator Certification may revoke or |
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suspend a certificate holder's teacher designation issued under |
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this subchapter. |
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Sec. 21.756. MULTIPLE DESIGNATIONS PROHIBITED. A teacher |
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may receive only one teacher designation under this subchapter at |
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any time. If a teacher qualifies for: |
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(1) both a recognized and exemplary teacher |
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designation, the teacher receives the exemplary designation; and |
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(2) either a recognized or exemplary designation and a |
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master designation, the teacher receives a master designation. |
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Sec. 21.757. INFORMATION RELATING TO TEACHER AND STUDENT |
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PERFORMANCE. (a) The agency, or an entity the agency contracts |
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with to implement this subchapter, may access information required |
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to verify an eligibility determination under this subchapter, |
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including information from the school district or open-enrollment |
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charter school at which the teacher is or was employed relating to |
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the performance of the teacher's current or previous students. |
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(b) The agency shall collect information necessary to |
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implement this subchapter, which may include student performance |
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information for a sample of students across the state and |
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information regarding educator appraisals. |
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(c) A school district or open-enrollment charter school |
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shall provide any information required under this subchapter. |
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(d) Information otherwise confidential remains |
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confidential and is not subject to Chapter 552, Government Code. |
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Sec. 21.758. FEES. (a) The commissioner may adopt fees for |
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the authorization of school districts and open-enrollment charter |
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schools to make teacher designations under this subchapter. |
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(b) A fee adopted by the agency under this subchapter is not |
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subject to Sections 2001.0045 and 2001.0221, Government Code. |
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Sec. 21.759. STUDENT PERFORMANCE STUDY. (a) The |
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commissioner shall periodically conduct a study using an external |
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organization to determine the impact of the teacher designations |
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issued under this subchapter on student performance. |
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(b) The commissioner shall make recommendations as |
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necessary to the governor and the legislature to improve the |
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quality of and impact on student performance of teacher |
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designations issued under this subchapter. |
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Sec. 21.760. ADVISORY COMMITTEE OR PANEL. (a) The |
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commissioner may appoint a committee or panel to advise, make |
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recommendations, or make determinations relating to any duties |
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assigned to the commissioner under this subchapter. |
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(b) A committee or panel appointed under this section is not |
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subject to Chapter 2110, Government Code. |
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Sec. 21.761. RULES; FINALITY OF DECISIONS. (a) The |
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commissioner may adopt rules to implement this subchapter. |
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(b) A decision made by the commissioner under this |
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subchapter is final and may not be appealed. |
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SECTION 5. Section 25.112, Education Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The limit in Subsection (a) does not apply to a class |
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taught by a teacher who has been issued a recognized, exemplary, or |
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master teacher designation under Subchapter P, Chapter 21. |
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SECTION 6. Subchapter C, Chapter 42, Education Code, is |
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amended by adding Sections 42.169, 42.170, and 42.171 to read as |
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follows: |
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Sec. 42.169. EDUCATOR SALARY TRANSITION ALLOTMENT FOR |
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MINIMUM SALARY INCREASE. (a) A school district to which Section |
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21.402 applies for the 2019-2020 school year is entitled to receive |
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an annual allotment as determined by the following formula: |
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A = 1.5 X S - ((CYM&O - BYM&O) X ADA) |
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where: |
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"A" is the allotment a district receives for purposes of |
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paying the increased costs associated with the minimum salary |
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schedule under Section 21.402 beginning with the 2019-2020 school |
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year; |
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"S" is the total amount of additional costs a district would |
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be required to pay for salary and benefits for employees subject to |
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the minimum salary schedule in the 2017-2018 school year if the |
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minimum salary schedule for the 2019-2020 school year applied to |
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those employees; |
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"CYM&O" is the amount of a district's maintenance and |
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operations entitlement under this chapter per student in average |
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daily attendance for the current school year; |
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"BYM&O" is the amount of a district's maintenance and |
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operations entitlement under this chapter per student in average |
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daily attendance for the 2018-2019 school year; and |
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"ADA" is the average daily attendance for a district for the |
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current school year. |
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(b) For purposes of calculating the formula in Subsection |
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(a), the commissioner shall: |
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(1) if the value of "A" results in a negative number, |
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use zero for the value of "A"; |
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(2) include in the calculation of an employee's salary |
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and benefits an additional 4.2 percent of the amount that the |
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employee is entitled to receive under the minimum salary schedule |
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in effect for the 2019-2020 school year for the increased costs of |
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Medicare and other payroll benefits; |
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(3) exclude 50 percent of the following amounts to |
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which a district is entitled in the calculation of a district's |
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maintenance and operations entitlement: |
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(A) the educator effectiveness allotment under |
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Section 42.170; and |
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(B) amounts received as educator effectiveness |
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fee reimbursement under Section 42.171; |
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(4) adjust the calculation under Subsection (a) to |
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reflect: |
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(A) a reduction in tax effort by a district; |
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(B) property value adjustments due to a disaster; |
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(C) any additional state aid due to disaster |
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remediation; and |
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(D) the sparsity adjustment under Section |
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42.105; |
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(5) exclude funding provided to a district for the |
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2018-2019 school year under Sections 41.002(e)-(g) and former |
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Subchapter H, Chapter 42; |
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(6) if a school district receives a waiver relating to |
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eligibility requirements for the national free or reduced-price |
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lunch program under 42 U.S.C. Section 1751 et seq., use the number |
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of educationally disadvantaged students on which the district's |
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entitlement to compensatory education funds was based for the |
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school year before the school year in which the district received |
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the waiver, adjusted for estimated enrollment growth; and |
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(7) include increased state contributions made under |
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Section 825.405, Government Code, for the current school year as |
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compared to the 2018-2019 school year. |
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(c) A decision by the commissioner under this section is |
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final and may not be appealed. |
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Sec. 42.170. EDUCATOR EFFECTIVENESS ALLOTMENT. (a) In this |
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section, "classroom teacher" has the meaning assigned by Section |
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21.751. |
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(b) For each classroom teacher with a teacher designation |
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under Subchapter P, Chapter 21, employed by a school district, the |
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school district is entitled to an allotment equal to: |
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A = B + (SCE X DM) |
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where: |
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"A" is the allotment provided to a school district per |
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classroom teacher who holds a teacher designation; |
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"B" is the applicable base amount for a classroom teacher |
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provided under Subsection (c); |
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"SCE" is the state compensatory education factor determined |
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under Subsection (d); and |
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"DM" is the applicable designation multiplier for a classroom |
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teacher under Subsection (e). |
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(c) The base amount for each classroom teacher with a |
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teacher designation is as follows: |
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(1) $3,000 for each recognized teacher; |
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(2) $6,000 for each exemplary teacher; and |
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(3) $12,000 for each master teacher. |
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(d) The state compensatory education factor is the amount |
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equal to: |
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(1) the sum of the individual student disadvantage |
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index tier values divided by the total student population of the |
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campus at which the teacher for which the allotment is being |
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calculated is employed, where the individual student disadvantage |
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index tier values are given a value of zero to four as determined by |
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the commissioner based on the severity of a student's disadvantage; |
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or |
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(2) if the school district qualifies as a rural school |
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district based on criteria adopted by the commissioner, the value |
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that is the lesser of: |
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(A) 4.0; or |
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(B) the value that results from Subdivision (1) |
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plus 2.0. |
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(e) The designation multiplier is as follows for the |
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applicable teacher designation: |
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(1) $1,500 for recognized; |
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(2) $3,000 for exemplary; and |
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(3) $5,000 for master. |
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(f) A district's allotment under Subsection (b) for a |
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classroom teacher may not be greater than $32,000. |
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(g) A school district is not eligible for an allotment under |
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Subsection (b) for a classroom teacher whose designation has |
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expired or been revoked. |
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(h) The commissioner shall provide in an easily readable |
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format a list of campuses with the potential allotment amounts that |
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would be available for teachers with designations employed at the |
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campus. |
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(i) A district shall annually certify that all funds |
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received under this section were used for: |
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(1) educator compensation; |
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(2) costs associated with implementing Subchapter P, |
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Chapter 21; or |
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(3) professional development for educators. |
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(j) The commissioner shall provide funding under this |
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section for teacher designations made on the basis of a classroom |
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teacher's performance during the 2018-2019 school year if the |
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district: |
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(1) receives approval from the commissioner during the |
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2019-2020 school year for the district's local teacher designation |
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system; and |
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(2) provides compensation to a classroom teacher for |
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the 2019-2020 school year based on the teacher's qualifying |
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performance for a designation. |
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(j-1) Subsection (j) and this subsection expire September |
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1, 2020. |
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Sec. 42.171. EDUCATOR EFFECTIVENESS FEE REIMBURSEMENT. (a) |
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A school district is entitled to reimbursement for any fee paid |
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under Subchapter P, Chapter 21, or membership fees paid to the |
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National Board for Professional Standards for the purpose of |
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Section 21.753(b). |
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(b) The commissioner shall provide reimbursement under this |
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section for fees relating to teacher designations made on the basis |
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of a classroom teacher's performance during the 2018-2019 school |
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year if the district: |
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(1) receives approval from the commissioner during the |
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2019-2020 school year for the district's local teacher designation |
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system; and |
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(2) provides compensation to a classroom teacher for |
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the 2019-2020 school year based on the teacher's qualifying |
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performance for a designation. |
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(b-1) Subsection (b) and this subsection expire September |
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1, 2020. |
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SECTION 7. Section 42.302(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district is guaranteed a specified amount |
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per weighted student in state and local funds for each cent of tax |
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effort over that required for the district's local fund assignment |
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up to the maximum level specified in this subchapter. The amount of |
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state support, subject only to the maximum amount under Section |
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42.303, is determined by the formula: |
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GYA = (GL X WADA X DTR X 100) - LR |
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where: |
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"GYA" is the guaranteed yield amount of state funds to be |
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allocated to the district; |
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"GL" is the dollar amount guaranteed level of state and local |
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funds per weighted student per cent of tax effort, which is an |
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amount described by Subsection (a-1) or a greater amount for any |
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year provided by appropriation; |
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"WADA" is the number of students in weighted average daily |
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attendance, which is calculated by dividing the sum of the school |
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district's allotments under Subchapters B and C, less any allotment |
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to the district for transportation, any additional funding |
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[allotment] under Section 42.158, [or] 42.160, 42.169, 42.170, or |
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42.171 and 50 percent of the adjustment under Section 42.102, by |
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the basic allotment for the applicable year; |
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"DTR" is the district enrichment tax rate of the school |
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district, which is determined by subtracting the amounts specified |
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by Subsection (b) from the total amount of maintenance and |
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operations taxes collected by the school district for the |
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applicable school year and dividing the difference by the quotient |
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of the district's taxable value of property as determined under |
|
Subchapter M, Chapter 403, Government Code, or, if applicable, |
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under Section 42.2521, divided by 100; and |
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"LR" is the local revenue, which is determined by multiplying |
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"DTR" by the quotient of the district's taxable value of property as |
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determined under Subchapter M, Chapter 403, Government Code, or, if |
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applicable, under Section 42.2521, divided by 100. |
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SECTION 8. Sections 825.405(a), (b), (e), and (f), |
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Government Code, are amended to read as follows: |
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(a) An employing school district or an open-enrollment |
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charter school, as applicable, shall pay the state's contribution |
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on the portion of a member's salary that exceeds the statutory |
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minimum salary for [For] members: |
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(1) entitled to the minimum salary for certain school |
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personnel under Section 21.402, Education Code; |
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(2) [, and for members] who would have been entitled to |
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the minimum salary for certain school personnel under former |
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Section 16.056, Education Code, as that section existed on January |
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1, 1995; and |
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(3) who would be entitled to the minimum salary for |
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certain school personnel under Section 21.402, Education Code, if |
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the member was employed by a school district subject to that section |
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instead of being employed by: |
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(A) an open-enrollment charter school; or |
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(B) a school district that has adopted a local |
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innovation plan under Chapter 12A, Education Code, that exempts the |
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district's employees from the minimum salary schedule under that |
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section[, the employing district shall pay the state's contribution
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on the portion of the member's salary that exceeds the statutory
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minimum salary]. |
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(b) For purposes of this section,[:
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[(1)] the statutory minimum salary for a member |
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described by: |
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(1) Subsection (a)(1) [certain school personnel under
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Section 21.402, Education Code,] is the salary provided by Section |
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21.402, Education Code [that section multiplied by the cost of
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education adjustment applicable under Section 42.102, Education
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Code, to the district in which the member is employed]; [and] |
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(2) Subsection (a)(2) [the statutory minimum salary
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for members who would have been entitled to the minimum salary for
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certain school personnel under former Section 16.056, Education
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Code, as that section existed on January 1, 1995,] is a minimum |
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salary computed in the same manner as the minimum salary for certain |
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school personnel under Section 21.402, Education Code; and |
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(3) Subsection (a)(3) is the minimum salary the member |
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would have been entitled to if the member was subject to Section |
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21.402, Education Code[, multiplied by the cost of education
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adjustment applicable under Section 42.102, Education Code, to the
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district in which the member is employed]. |
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(e) After the end of each school year, the retirement system |
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shall certify to the commissioner of education: |
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(1) the names of any employers [employing districts] |
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that have failed to remit, within the period required by Section |
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825.408, all contributions required under this section for the |
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school year; and |
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(2) the amounts of the unpaid contributions. |
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(f) If the commissioner of education receives a |
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certification under Subsection (e), the commissioner shall direct |
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the comptroller of public accounts to withhold the amount |
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certified, plus interest computed at the rate and in the manner |
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provided by Section 825.408, from the first state money payable to |
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the employer [school district]. The amount withheld shall be |
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deposited to the credit of the appropriate accounts of the |
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retirement system. |
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SECTION 9. The following provisions of the Education Code |
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are repealed: |
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(1) Section 21.0481; |
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(2) Section 21.0482; |
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(3) Section 21.0483; |
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(4) Section 21.0484; |
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(5) Section 21.357; |
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(6) Sections 21.402(f) and (h); |
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(7) Section 21.410; |
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(8) Section 21.411; |
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(9) Section 21.412; and |
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(10) Section 21.413. |
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SECTION 10. The State Board for Educator Certification may |
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not issue a new or renew a master teacher certificate issued under |
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Section 21.0481, 21.0482, 21.0483, or 21.0484, Education Code, on |
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or after the effective date of this Act. |
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SECTION 11. This Act takes effect September 1, 2019. |