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