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A BILL TO BE ENTITLED
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AN ACT
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relating to public school teacher performance appraisals, |
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continuing education, professional development, career |
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advancement, and compensation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 21, Education Code, is |
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amended by adding Section 21.009 to read as follows: |
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Sec. 21.009. TEACHER DEVELOPMENT FRAMEWORK. (a) The |
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commissioner by rule shall adopt a teacher development framework to |
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be used by a school district in making decisions regarding |
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teachers, including decisions related to: |
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(1) appraisals of performance; |
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(2) professional development opportunities; |
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(3) career advancement; and |
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(4) compensation. |
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(b) The teacher development framework must require that |
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decisions regarding a teacher's professional development |
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opportunities, career advancement, and compensation include the |
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teacher's appraisal as a substantial factor. Decisions regarding |
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career advancement for a teacher must be based on consecutive |
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appraisals of the teacher from at least two consecutive years, if |
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available. |
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(c) The commissioner shall: |
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(1) review school district practices under the teacher |
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development framework, including the use of objective measures of |
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teaching performance; and |
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(2) review and revise the teacher development |
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framework at least once every five years after soliciting and |
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considering the advice of teachers and other stakeholders. |
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SECTION 2. Section 21.054, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (d-1) to |
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read as follows: |
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(a) The board shall propose rules establishing processes [a
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process] for: |
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(1) identifying continuing education courses and |
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programs that fulfill educators' continuing education |
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requirements; and |
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(2) enabling an educator to provide feedback to the |
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board regarding a course or program completed by the educator. |
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(a-1) The feedback received by the board regarding a |
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continuing education course or program completed by an educator |
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must be accessible to the public. |
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(d-1) Continuing education requirements for a classroom |
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teacher must provide that a significant percentage of the training |
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required every five years includes instruction designed to advance |
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any knowledge and skill identified in the teacher's appraisal as |
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needing improvement. |
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SECTION 3. Section 21.203(a), Education Code, is amended to |
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read as follows: |
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(a) The [Except as provided by Section 21.352(c), the] |
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employment policies adopted by a board of trustees must require a |
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written evaluation of each teacher at annual or more frequent |
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intervals. The board must consider the most recent evaluations |
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before making a decision not to renew a teacher's contract if the |
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evaluations are relevant to the reason for the board's action. |
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SECTION 4. Section 21.351, Education Code, is amended by |
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amending Subsections (a), (b), and (d) and adding Subsection (a-1) |
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to read as follows: |
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(a) The commissioner shall adopt a recommended appraisal |
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process and criteria on which to appraise the performance of |
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teachers. The criteria must be based on objective measures of a |
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teacher's performance [observable, job-related behavior], |
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including: |
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(1) the teacher's [teachers'] implementation of |
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discipline management procedures; [and] |
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(2) the academic performance of the teacher's |
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students; |
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(3) teaching standards that articulate expected |
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teacher knowledge, understanding, skill, and practice to ensure |
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student educational growth; |
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(4) data indicating the teaching and learning |
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conditions at the teacher's school; |
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(5) classroom observations; and |
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(6) data related to the teacher's efforts, both |
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individually and as part of collaborative settings, to improve the |
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teacher's professional performance, as evident in the teacher's |
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level of professional engagement and growth [the performance of
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teachers' students]. |
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(a-1) In adopting criteria relating to the academic |
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performance of a teacher's students as required by Subsection |
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(a)(2), the commissioner shall include objective measures of |
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student educational growth. |
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(b) The commissioner shall solicit and consider the advice |
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of teachers and other stakeholders in developing the recommended |
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appraisal process and performance criteria. |
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(d) Under the recommended appraisal process, appraisal for |
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teachers must be detailed by category of professional skill and |
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characteristic and must provide for separate ratings for each |
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category. The appraisal process shall guarantee a conference |
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between the teacher and the appraiser. The conference shall be |
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diagnostic and prescriptive with regard to improvement and |
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professional development [remediation] needed in overall |
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performance and by category. |
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SECTION 5. Sections 21.352(a) and (c), Education Code, are |
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amended to read as follows: |
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(a) In appraising teachers, each school district shall use: |
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(1) the appraisal process and performance criteria |
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developed by the commissioner, in conformity with: |
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(A) the teacher development framework described |
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by Section 21.009; and |
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(B) the measures described by Section 21.351(a); |
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or |
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(2) an appraisal process and performance criteria [:
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[(A) developed by the district- and campus-level
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committees established under Section 11.251;
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[(B)] containing the items described by Section |
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[Sections] 21.351(a)[(1) and (2);] and |
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[(C)] adopted by the board of trustees. |
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(c) Appraisal [Except as otherwise provided by this
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subsection, appraisal] must be done at least once during each |
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school year. [A teacher may be appraised less frequently if the
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teacher agrees in writing and the teacher's most recent evaluation
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rated the teacher as at least proficient, or the equivalent, and did
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not identify any area of deficiency. A teacher who is appraised less
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frequently than annually must be appraised at least once during
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each period of five school years.] The district shall maintain a |
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[written] copy of the evaluation of each teacher's performance in |
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the teacher's personnel file. Each teacher is entitled to receive a |
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written or electronic copy of the evaluation promptly on its |
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completion. After receiving a [written] copy of the evaluation, a |
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teacher is entitled to a second appraisal by a different appraiser |
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or to submit a written rebuttal to the evaluation to be attached to |
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the evaluation in the teacher's personnel file. The evaluation and |
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any rebuttal may be given to another school district at which the |
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teacher has applied for employment at the request of that district. |
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SECTION 6. The heading to Section 21.402, Education Code, |
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is amended to read as follows: |
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Sec. 21.402. MINIMUM SALARY [SCHEDULE] FOR CERTAIN |
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PROFESSIONAL STAFF. |
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SECTION 7. Section 21.402(a), Education Code, as effective |
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until September 1, 2017, is amended to read as follows: |
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(a) Except as provided by Subsection (f), a school district |
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must pay each [classroom teacher,] full-time librarian, full-time |
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school counselor certified under Subchapter B, or full-time school |
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nurse not less than the minimum monthly salary, based on the |
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employee's level of experience in addition to other factors, as |
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determined by commissioner rule, determined by the following |
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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 |
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Subsection (c); and |
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"FS" is the amount, as determined by the commissioner |
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under 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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SECTION 8. Section 21.402(a), Education Code, as effective |
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September 1, 2017, is amended to read as follows: |
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(a) Except as provided by Subsection (e-1) or (f), a school |
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district must pay each [classroom teacher,] full-time librarian, |
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full-time school counselor certified under Subchapter B, or |
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full-time school nurse not less than the minimum monthly salary, |
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based on the employee's level of experience in addition to other |
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factors, as determined by commissioner rule, determined by the |
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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 |
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Subsection (c); and |
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"FS" is the amount, as determined by the commissioner |
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under 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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SECTION 9. Section 21.402, Education Code, is amended by |
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adding Subsection (a-1) and amending Subsections (c-1), (f), and |
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(h) to read as follows: |
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(a-1) Each school district shall pay a minimum monthly |
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salary to each classroom teacher that is not less than $2,754. A |
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district may pay a higher monthly salary based on criteria that are |
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consistent with the teacher development framework adopted by the |
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commissioner under Section 21.009. |
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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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(f) Notwithstanding Subsection (a), a [teacher or] |
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librarian who received a career ladder supplement on August 31, |
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1993, is entitled to at least the same gross monthly salary the |
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[teacher or] librarian received for the 1994-1995 school year as |
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long as the [teacher or] librarian is employed by the same district. |
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(h) In this section, "gross monthly salary" must include the |
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amount a [teacher or] librarian received that represented a career |
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ladder salary supplement under Section 16.057, as that section |
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existed January 1, 1993. |
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SECTION 10. Sections 21.403(a), (c), and (d), Education |
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Code, are amended to read as follows: |
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(a) A [teacher,] librarian, school counselor, or nurse |
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shall advance one step on the minimum salary schedule under Section |
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21.402 for each year of experience as a [teacher,] librarian, |
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school counselor, or nurse until step 20 is reached. |
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(c) The commissioner shall adopt rules for determining the |
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experience for which a [teacher,] librarian, school counselor, or |
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nurse is to be given credit in placing the [teacher,] librarian, |
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school counselor, or nurse on the minimum salary schedule. A |
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district shall credit the [teacher,] librarian, school counselor, |
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or nurse for each year of experience without regard to whether the |
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years are consecutive. |
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(d) As long as a [teacher or] librarian who received a |
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career ladder supplement is employed by the same school district, |
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the [teacher or] librarian is entitled to: |
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(1) placement on the minimum salary schedule at the |
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step above the step on which the librarian [teacher] would |
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otherwise be placed, if the [teacher or] librarian received a |
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career ladder supplement for level two of the career ladder on |
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August 31, 1993; or |
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(2) placement on the minimum salary schedule at the |
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step two steps above the step on which the librarian [teacher] would |
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otherwise be placed, if the [teacher or] librarian received a |
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career ladder supplement for level three of the career ladder on |
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August 31, 1993. |
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SECTION 11. Section 21.4031(a)(2), Education Code, is |
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amended to read as follows: |
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(2) "Service record" means a school district document |
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that indicates the total years of service provided to the district |
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by a [classroom teacher,] librarian, school counselor, or nurse. |
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SECTION 12. Section 21.4031(b), Education Code, is amended |
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to read as follows: |
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(b) On request by a [classroom teacher,] librarian, school |
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counselor, or nurse or by the school district employing one of those |
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individuals, a school district that previously employed the |
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individual shall provide a copy of the individual's service record |
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to the school district employing the individual. The district must |
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provide the copy not later than the 30th day after the later of: |
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(1) the date the request is made; or |
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(2) the date of the last day of the individual's |
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service to the district. |
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SECTION 13. The heading to Subchapter J, Chapter 21, |
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Education Code, is amended to read as follows: |
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SUBCHAPTER J. EDUCATOR PROFESSIONAL [STAFF] DEVELOPMENT AND |
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TRAINING |
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SECTION 14. The heading to Section 21.451, Education Code, |
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is amended to read as follows: |
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Sec. 21.451. EDUCATOR PROFESSIONAL [STAFF] DEVELOPMENT AND |
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TRAINING REQUIREMENTS. |
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SECTION 15. Sections 21.451(a), (b), (c), (d), and (g), |
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Education Code, are amended to read as follows: |
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(a) The professional [staff] development opportunities, not |
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including the training described by Subsection (c), provided by a |
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school district to an educator other than a principal must [be]: |
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(1) be designed to increase the effectiveness of |
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classroom instruction and improve student achievement; |
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(2) be conducted in accordance with standards |
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developed by the district; |
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(3) enable an educator to advance knowledge and skills |
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identified as needing improvement in the educator's appraisal; |
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(4) include a range of instructional formats, |
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including intensive and sustained in-class coaching, collaborative |
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learning, and blended learning; |
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(5) enable an educator to select the content and |
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format of the educator's professional development opportunities; |
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and |
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(6) be [(2)] designed to improve education in the |
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district. |
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(b) The professional [staff] development described by |
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Subsection (a) must include opportunities that address: |
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(1) [be predominantly] campus-based performance |
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objectives; and |
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(2) performance objectives of individual educators |
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established as part of educator appraisals [, related to achieving
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campus performance objectives established under Section 11.253,
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and developed and approved by the campus-level committee
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established under Section 11.251]. |
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(c) For professional [staff] development under Subsection |
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(a), a school district may use district-wide training [staff
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development] developed and approved through the district-level |
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decision process under Section 11.251, provided that training |
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developed under this subsection does not represent the majority of |
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the district's professional development opportunities. |
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(d) The training described by Subsection (c) [staff
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development]: |
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(1) may include training in: |
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(A) technology; |
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(B) conflict resolution; |
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(C) discipline strategies, including classroom |
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management, district discipline policies, and the student code of |
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conduct adopted under Section 37.001, and Chapter 37; and |
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(D) preventing, identifying, responding to, and |
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reporting incidents of bullying; and |
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(2) subject to Subsection (e) and to Section 21.3541 |
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and rules adopted under that section, must include training based |
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on scientifically based research, as defined by Section 9101, No |
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Child Left Behind Act of 2001 (20 U.S.C. Section 7801), that: |
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(A) relates to instruction of students with |
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disabilities; and |
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(B) is designed for educators who work primarily |
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outside the area of special education. |
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(g) The professional [staff] development may include |
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instruction as to what is permissible under law, including opinions |
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of the United States Supreme Court, regarding prayer in public |
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school. |
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SECTION 16. Sections 21.4511(a) and (b), Education Code, |
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are amended to read as follows: |
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(a) From funds appropriated for that purpose in an amount |
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not to exceed $2.5 million each year, the commissioner may develop |
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and award grants to school districts, regional education service |
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centers, nonprofit organizations, and institutions of higher |
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education for establishing and providing technical assistance and |
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professional development activities in the professional [staff] |
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development [training] of public school teachers and |
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administrators. |
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(b) The professional development [training] under this |
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section shall include professional development [training] relating |
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to implementing curriculum and instruction that is aligned with the |
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foundation curriculum described by Section 28.002(a)(1) and |
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standards and expectations for college readiness, as determined by |
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State Board of Education rule under Section 28.008(d). |
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SECTION 17. The heading to Section 21.453, Education Code, |
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is amended to read as follows: |
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Sec. 21.453. PROFESSIONAL [STAFF] DEVELOPMENT ACCOUNT. |
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SECTION 18. Sections 21.453(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) The professional [staff] development account is an |
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account in the general revenue fund. The account consists of gifts, |
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grants, donations, appropriations for the purpose of professional |
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[staff] development under this subchapter, and any other money |
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transferred by law to the account. Funds in the account may be used |
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only as provided by this section. |
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(b) The commissioner may allocate funds from the account to |
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regional education service centers to provide professional [staff] |
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development resources to school districts that: |
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(1) are rated academically unacceptable; |
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(2) have one or more campuses rated as academically |
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unacceptable; or |
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(3) are otherwise in need of assistance as indicated |
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by the academic performance of students, as determined by the |
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commissioner. |
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SECTION 19. Section 21.7061(a), Education Code, is amended |
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to read as follows: |
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(a) Notwithstanding any other provision of this code and |
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subject to Subsection (b), a school district may apply to the |
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commissioner in writing in accordance with commissioner rule for a |
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waiver to exempt the district or one or more district campuses from |
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Section 21.352(a)(2) [21.352(a)(2)(B)], 21.353, 21.354(d), |
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21.3541(g), 21.451, or 21.458, as specified in the waiver |
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application. The district's application for a waiver under this |
|
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section must demonstrate that the waiver is necessary to carry out |
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purposes of the program as described by Section 21.7011, in |
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accordance with the district's local educator excellence |
|
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innovation plan. |
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SECTION 20. Section 22.107(a), Education Code, is amended |
|
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to read as follows: |
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(a) A school district shall pay each full-time district |
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employee, other than an administrator or an employee entitled |
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[subject] to a [the] minimum salary [schedule] under Section |
|
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21.402, an amount at least equal to $500. |
|
|
SECTION 21. Section 38.0041(f), Education Code, is amended |
|
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to read as follows: |
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(f) The training under Subsection (c) may be included in |
|
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professional [staff] development and training under Section |
|
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21.451. |
|
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SECTION 22. Section 42.2513(a), Education Code, is amended |
|
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to read as follows: |
|
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(a) A school district, including a school district that is |
|
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otherwise ineligible for state aid under this chapter, is entitled |
|
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to state aid in an amount equal to the sum of: |
|
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(1) the product of $500 multiplied by the number of |
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full-time district employees, other than administrators or |
|
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employees entitled [subject] to a [the] minimum salary [schedule] |
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under Section 21.402; and |
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(2) the product of $250 multiplied by the number of |
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part-time district employees, other than administrators. |
|
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SECTION 23. Section 823.404(a), Government Code, is amended |
|
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to read as follows: |
|
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(a) An eligible member may establish equivalent membership |
|
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service credit for one or two years of work experience if the work |
|
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experience was required for certification under Chapter 21, |
|
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Education Code, in a career or technological field [for which the
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member is entitled to salary step credit under Section 21.403(b),
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Education Code]. |
|
|
SECTION 24. Subchapter E, Chapter 825, Government Code, is |
|
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amended by adding Section 825.4051 to read as follows: |
|
|
Sec. 825.4051. MAINTENANCE OF STATE CONTRIBUTION. (a) The |
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board of trustees shall adopt and maintain a schedule based on the |
|
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minimum salary schedule for certain professional staff under |
|
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Section 21.402, Education Code, as that section existed on January |
|
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1, 2015, for the purposes of calculating the required state |
|
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contribution for retirement benefits for classroom teachers under |
|
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this subtitle. |
|
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(b) Notwithstanding Section 825.405, an employing school |
|
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district is required to pay the state's contribution only on the |
|
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portion of a classroom teacher's salary that exceeds the schedule |
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described by Subsection (a). |
|
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(c) Each biennium, the retirement system, in consultation |
|
|
with the Legislative Budget Board, shall undertake a study of labor |
|
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market conditions among public school educators for the purpose of |
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recommending updates to the schedule described by Subsection (a). |
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The board of trustees shall provide the results of this study and |
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any accompanying recommendations to the Legislative Budget Board |
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and the comptroller not later than December 1 of each even-numbered |
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year. |
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(d) The board of trustees may adopt rules to implement this |
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section. |
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SECTION 25. Sections 21.352(b) and 21.403(b), Education |
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|
Code, are repealed. |
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|
SECTION 26. This Act applies beginning with the 2016-2017 |
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|
school year. |
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|
SECTION 27. (a) Sections 21.402, 21.403, 21.4031, and |
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|
42.2513, Education Code, as amended by this Act, take effect |
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|
September 1, 2016. |
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|
(b) Section 823.404(a), Government Code, as amended by this |
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|
Act, and Section 825.4051, Government Code, as added by this Act, |
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|
take effect September 1, 2016. |
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|
(c) Except as provided by Subsections (a) and (b) of this |
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|
section, this Act takes effect immediately if it receives a vote of |
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|
two-thirds of all the members elected to each house, as provided by |
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|
Section 39, Article III, Texas Constitution. If this Act does not |
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|
receive the vote necessary for immediate effect, this Act takes |
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|
effect September 1, 2015. |