H.B. No. 1751
 
 
 
 
AN ACT
  relating to the public school educator excellence innovation
  program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter O, Chapter 21,
  Education Code, is amended to read as follows:
  SUBCHAPTER O. EDUCATOR EXCELLENCE INNOVATION [AWARDS] PROGRAM
         SECTION 2.  Section 21.701, Education Code, is amended to
  read as follows:
         Sec. 21.701.  DEFINITION. In this subchapter, "program"
  means the educator excellence innovation [awards] program.
         SECTION 3.  Subchapter O, Chapter 21, Education Code, is
  amended by adding Section 21.7011 to read as follows:
         Sec. 21.7011.  PURPOSES. The purposes of the educator
  excellence innovation program are to:
               (1)  systemically transform:
                     (A)  educator quality and effectiveness through
  improved and innovative school district-level recruitment,
  preparation, hiring, induction, evaluation, professional
  development, strategic compensation, career pathways, and
  retention; and
                     (B)  district administrative practices to improve
  quality, effectiveness, and efficiency; and
               (2)  use the enhanced educator and administrative
  quality and effectiveness to improve student learning and student
  academic performance, especially the learning and academic
  performance of students enrolled in districts that:
                     (A)  receive federal funding under Title I of the
  Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
  6301 et seq.); and
                     (B)  have at a majority of district campuses a
  student enrollment of which at least 50 percent is educationally
  disadvantaged.
         SECTION 4.  The heading to Section 21.702, Education Code,
  is amended to read as follows:
         Sec. 21.702.  EDUCATOR EXCELLENCE INNOVATION [AWARDS]
  PROGRAM.
         SECTION 5.  Sections 21.702(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The commissioner by rule shall establish the [an
  educator excellence awards] program under which school districts,
  in accordance with local educator excellence innovation [awards]
  plans approved by the commissioner, receive competitive program
  grants from the agency for carrying out the purposes of the program
  as described [purpose of providing awards to district employees in
  the manner provided] by Section 21.7011 [21.705].
         (b)  In establishing the program, the commissioner shall
  adopt program guidelines in accordance with this subchapter for a
  school district to follow in developing a local educator excellence
  innovation [awards] plan under Section 21.704.
         SECTION 6.  Section 21.703, Education Code, is amended to
  read as follows:
         Sec. 21.703.  EDUCATOR EXCELLENCE INNOVATION FUND; AMOUNT OF
  GRANT AWARD. (a) Each state fiscal year, the commissioner shall
  deposit an amount determined by the General Appropriations Act to
  the credit of the educator excellence innovation fund in the
  general revenue fund.  Each state fiscal year, the agency shall use
  money [funds] in the educator excellence innovation fund to provide
  each [a qualifying] school district approved on a competitive basis
  under this subchapter with a grant in an amount determined by the
  agency in accordance with commissioner rule[:
               [(1)     dividing the amount of money available for
  distribution in the educator excellence fund by the total number of
  students in average daily attendance in qualifying districts for
  that fiscal year; and
               [(2)     multiplying the amount determined under
  Subdivision (1) by the number of students in average daily
  attendance in the district].
         (b)  Not later than April 1 of each state fiscal year, the
  agency shall provide written notice to each school district that
  will be provided a grant under this section that the district will
  be provided the grant and the amount of that grant.
         SECTION 7.  Section 21.704, Education Code, is amended to
  read as follows:
         Sec. 21.704.  LOCAL EDUCATOR EXCELLENCE INNOVATION [AWARDS]
  PLANS. (a) In [A district-level committee for] a school district
  that intends to participate in the program, [such as] the
  district-level planning and decision-making committee established
  under Subchapter F, Chapter 11, shall develop a local educator
  excellence innovation [awards] plan for the district.  The local
  educator excellence innovation [awards] plan may provide for all
  campuses in the district to participate in the program or only
  certain campuses selected by the district-level committee.  [A
  majority of classroom teachers assigned to a campus that is
  selected by the district-level committee to participate in the
  program must approve participation to be included in the local
  awards plan.]
         (c)  A school district must [shall] submit a local educator
  excellence innovation [awards] plan to the agency for approval.  
  [The plan must be submitted together with evidence of significant
  teacher involvement in the development of the plan.]
         (c-1)  A local educator excellence innovation [awards] plan
  must be designed to carry out each purpose of the program as
  described by Section 21.7011 [provide for teachers and principals
  eligible to receive awards under the plan to be notified of the
  specific criteria and any formulas on which the awards will be based
  before the beginning of the period on which the awards will be
  based].
         (d)  The agency may approve only a local educator excellence
  innovation [awards] plan that meets program guidelines adopted by
  the commissioner under Section 21.702 and that satisfies this
  section and Section 21.706 [21.705]. From among the local educator
  excellence innovation plans submitted and depending on the amount
  of money available for distribution in the educator excellence
  innovation fund, the agency shall approve plans that most
  comprehensively and innovatively address the purposes of the
  program as described by Section 21.7011 so that the effectiveness
  of various plans in achieving those purposes can be compared and
  evaluated.
         (e)  [The agency shall make model local awards plans
  available to school districts that wish to participate in the
  program.
         [(f)]  A school district whose local educator excellence
  innovation [awards] plan is approved by the agency to receive a
  program grant under this subchapter may renew the plan for three
  consecutive school years without resubmitting the plan to the
  agency for approval.  A school district may amend a local educator
  excellence innovation [awards] plan for approval by the agency for
  each school year the district receives a program grant.
         SECTION 8.  Subchapter O, Chapter 21, Education Code, is
  amended by adding Sections 21.706 and 21.7061 to read as follows:
         Sec. 21.706.  INNOVATION PLAN PAYMENTS; AUTHORIZED GENERAL
  AND SPECIFIC USES.  A school district may use grant funds awarded to
  the district under this subchapter only to carry out purposes of the
  program as described by Section 21.7011, in accordance with the
  district's local educator excellence innovation plan, which may
  include the following specific methods or procedures:
               (1)  implementation and administration of a
  high-quality mentoring program for teachers in a teacher's first
  three years of classroom teaching using mentors who meet the
  qualifications prescribed by Section 21.458(b);
               (2)  implementation of a teacher evaluation system
  using multiple measures that include:
                     (A)  the results of classroom observation, which
  may include student comments;
                     (B)  the degree of student educational growth and
  learning; and
                     (C)  the results of teacher self-evaluation;
               (3)  to the extent permitted under Subchapter C,
  Chapter 25, restructuring of the school day or school year to
  provide for embedded and collaborative learning communities for the
  purpose of professional development;
               (4)  establishment of an alternative teacher
  compensation or retention system; and
               (5)  implementation of incentives designed to reduce
  teacher turnover.
         Sec. 21.7061.  IMPLEMENTATION FLEXIBILITY. (a)  
  Notwithstanding any other provision of this code and subject to
  Subsection (b), a school district may apply to the commissioner in
  writing in accordance with commissioner rule for a waiver to exempt
  the district or one or more district campuses from Section
  21.352(a)(2)(B), 21.353, 21.354(d), 21.3541(g),
  21.451, or 21.458,
  as specified in the waiver application. The district's application
  for a waiver under this section must demonstrate that the waiver is
  necessary to carry out purposes of the program as described by
  Section 21.7011, in accordance with the district's local educator
  excellence innovation plan.
         (b)  Before an application for a waiver is submitted to the
  commissioner under Subsection (a), the application specifying the
  provision for which the waiver is sought must be approved by a vote
  of:
               (1)  a majority of the members of the school district
  board of trustees; and
               (2)  a majority of the educators employed at each
  campus for which the waiver is sought.
         (b-1)  Voting for purposes of Subsection (b) must be
  conducted:
               (1)  in accordance with commissioner rule;
               (2)  during the school year; and
               (3)  in a manner that ensures that all educators
  entitled to vote have a reasonable opportunity to participate in
  the voting.
         (c)  The commissioner shall grant or deny an application
  under this section based on standards adopted by commissioner rule.  
  The commissioner shall notify in writing each district that applies
  for a waiver under this section whether the application has been
  granted or denied not later than April 1 of the year in which the
  application is submitted.
         (d)  Neither the board of trustees of a school district nor
  the district superintendent may compel a waiver of rights under
  this section.
         (e)  A waiver granted under this section expires when the
  waiver is no longer necessary to carry out the purposes of the
  program as described by Section 21.7011, in accordance with the
  district's local educator excellence innovation plan.
         SECTION 9.  Section 21.705, Education Code, is repealed.
         SECTION 10.  This Act applies beginning with the 2014-2015
  school year.
         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. 1751 was passed by the House on May 4,
  2013, by the following vote:  Yeas 133, Nays 5, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1751 on May 24, 2013, by the following vote:  Yeas 140, Nays 3,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1751 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor