85S10544 MEW-F
 
  By: Clardy H.B. No. 198
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an average pay increase for public school classroom
  teachers, the creation of certain teacher designations, and a
  teacher quality allotment under the Foundation School Program;
  authorizing the imposition of a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.104, Education Code, is amended by
  adding Subsection (b-4) to read as follows:
         (b-4)  An open-enrollment charter school is subject to the
  average annual pay increase requirement under Section 21.416. This
  subsection expires September 1, 2034.
         SECTION 2.  Section 21.042, Education Code, is amended to
  read as follows:
         Sec. 21.042.  APPROVAL OF RULES. (a) Except as provided by
  Subsection (b), the [The] State Board for Educator Certification
  must submit a written copy of each rule it proposes to adopt to the
  State Board of Education for review. The State Board of Education
  may reject a proposed rule by a vote of at least two-thirds of the
  members of the board present and voting. If the State Board of
  Education fails to reject a proposal before the 90th day after the
  date on which it receives the proposal, the proposal takes effect as
  a rule of the State Board for Educator Certification as provided by
  Chapter 2001, Government Code. The State Board of Education may not
  modify a rule proposed by the State Board for Educator
  Certification.
         (b)  Rules adopted by the State Board for Educator
  Certification under Subchapter P are not subject to Subsection (a).
         SECTION 3.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Section 21.063 to read as follows:
         Sec. 21.063.  LEGACY MASTER TEACHER CERTIFICATIONS. (a)
  The board shall recognize a master teacher certificate issued under
  former Section 21.0481, 21.0482, 21.0483, or 21.0484 until the
  certificate expires. The board shall note a designation of
  "legacy" on the certificate.
         (b)  A master teacher certificate described by Subsection
  (a) does not generate funding under Section 42.162.
         SECTION 4.  Subchapter I, Chapter 21, Education Code, is
  amended by adding Section 21.4025 to read as follows:
         Sec. 21.4025.  COMMISSIONER ASSISTANCE. The commissioner
  shall provide assistance to school districts in implementing
  compensation structures that satisfy all applicable legal
  requirements, including requirements imposed under Section 42.162.
         SECTION 5.  Subchapter I, Chapter 21, Education Code, is
  amended by adding Section 21.416 to read as follows:
         Sec. 21.416.  AVERAGE PAY INCREASES FOR CLASSROOM TEACHERS.
  (a) In this section, "pay" includes salary, stipends, and other
  monetary disbursements made to a classroom teacher. The term does
  not include benefits or other payments made by the school district
  or open-enrollment charter school for the benefit of the teacher.
         (b)  Except as provided by Subsection (c), beginning with the
  2021-2022 school year, and subsequently occurring every other
  school year, each school district and open-enrollment charter
  school must ensure that the average annual pay for classroom
  teachers employed at the district or school is at least $1,000 more
  than the average annual pay for classroom teachers employed at that
  district or school during the school year immediately preceding the
  previous school year.
         (b-1)  Notwithstanding Subsection (b), for the 2019-2020
  school year, each school district and open-enrollment charter
  school must ensure that the average annual pay for classroom
  teachers employed at the district or school is at least $1,000 more
  than the average annual pay for classroom teachers employed at that
  district or school during the 2016-2017 school year. This
  subsection expires September 1, 2021.
         (c)  Beginning with the 2021-2022 school year, if the average
  annual pay for classroom teachers employed at a school district or
  open-enrollment charter school is equal to or greater than $51,000,
  the district or school is not subject to Subsection (b).
         (d)  Except as provided by Subsection (e), if a school
  district or open-enrollment charter school fails to satisfy the
  average annual pay requirement under this section for a school
  year, the commissioner shall recover funds from the district or
  school in an amount equal to the number of classroom teachers
  employed at the district or school for that school year multiplied
  by the difference between the average annual pay for classroom
  teachers required under this section for that school year and the
  average annual pay for classroom teachers provided by the district
  or school for that school year. The commissioner shall recover the
  funds in the same manner that overallocated funds are recovered
  under Section 42.258 or Subchapter D, Chapter 12, or by adjusting
  the amount necessary for a district to comply with the requirements
  of Chapter 41.
         (e)  The commissioner may not recover funds under Subsection
  (d) if the commissioner determines that:
               (1)  the budget of the school district or
  open-enrollment charter school complied with the average annual pay
  requirement but subsequent changes in employment that could not be
  reasonably anticipated resulted in the failure to satisfy that
  requirement;
               (2)  the school district or open-enrollment charter
  school was provided less total state and local funding under the
  Foundation School Program for maintenance and operations for the
  school year for which the district or school is subject to recovery
  of funds under Subsection (d) than the total state and local funding
  provided for the school year immediately preceding the previous
  school year;
               (3)  the school district or open-enrollment charter
  school has a reasonable expectation of a decrease in total revenue
  due to circumstances not anticipated in estimates adopted by the
  state; or
               (4)  the estimated amount of state and local funding
  per student in weighted average daily attendance to be provided to
  the school district or open-enrollment charter school under the
  Foundation School Program for maintenance and operations for the
  school year for which the district or school is subject to recovery
  of funds under Subsection (d) is equal to or less than the amount of
  state and local funding provided to the district or school for the
  school year immediately preceding the previous school year.
         (f)  As required by the commissioner, each school district
  and open-enrollment charter school shall report information
  relating to compliance with this section.
         (g)  The commissioner may only adopt rules under this section
  using the negotiated rulemaking procedures under Chapter 2008,
  Government Code, including rules determining which classroom
  teachers and what types of pay must be included in determining
  compliance with this section.
         (h)  This section expires September 1, 2034.
         SECTION 6.  Chapter 21, Education Code, is amended by adding
  Subchapter P to read as follows:
  SUBCHAPTER P. ACCOMPLISHED, DISTINGUISHED, AND MASTER TEACHER
  DESIGNATIONS
         Sec. 21.751.  ACCOMPLISHED TEACHER DESIGNATION. (a) The
  State Board for Educator Certification shall issue an accomplished
  teacher designation on the certificate of each teacher that
  qualifies as provided by Subsection (b).
         (b)  To qualify for an accomplished teacher designation, a
  person must hold:
               (1)  an eligible teaching certificate issued under
  Subchapter B; and
               (2)  a National Board Certification issued by the
  National Board for Professional Teaching Standards.
         (c)  An accomplished teacher designation must expire not
  later than the 10th year after the date the designation is issued.
         Sec. 21.752.  DISTINGUISHED TEACHER DESIGNATION. (a) The
  State Board for Educator Certification may issue a distinguished
  teacher designation on the certificate of a teacher that qualifies
  as provided by Subsection (b).
         (b)  To qualify for a distinguished teacher designation, a
  person must:
               (1)  meet the criteria described by Section 21.751;
               (2)  submit evidence of providing leadership to other
  classroom teachers, including letters of recommendation from:
                     (A)  the principal of the school at which the
  person is currently employed; and
                     (B)  two classroom teachers employed at the same
  school as the person during the preceding two school years;
               (3)  be nominated by the school district or
  open-enrollment charter school at which the person is employed with
  nomination materials that include:
                     (A)  student performance information that
  provides an analysis of the growth of the teacher's students in each
  of the most recent three school years; and
                     (B)  an affirmation that the nominee has reviewed
  that student performance information; and
               (4)  have performed in the top 25 percent, or the
  percentage adopted by the commissioner under Section 21.754(b), of
  classroom teachers in the state in a similar certification field in
  student growth averaged over the most recent three school years.
         (c)  A distinguished teacher designation must expire not
  later than the fifth year after the date the designation is issued.
         Sec. 21.753.  MASTER TEACHER DESIGNATION. (a) The State
  Board for Educator Certification may issue a master teacher
  designation on the certificate of a teacher that qualifies as
  provided by Subsection (b).
         (b)  To qualify for a master teacher designation, a person
  must:
               (1)  meet the criteria described by Section 21.752; and
               (2)  have performed in the top five percent, or the
  percentage adopted by the commissioner under Section 21.754(b), of
  classroom teachers in the state in a similar certification field in
  student growth averaged over the most recent three school years.
         (c)  A master teacher designation must expire not later than
  the fifth year after the date the designation is issued.
         Sec. 21.754.  ELIGIBILITY FOR DISTINGUISHED AND MASTER
  TEACHER DESIGNATIONS. (a) The commissioner shall establish
  eligibility criteria required for designation as a distinguished or
  master teacher, including performance metrics, qualifying
  evidence, and standards for comparing teachers in similar
  certification fields.
         (b)  The commissioner may:
               (1)  adjust the percentages required under Sections
  21.752 and 21.753 for a classroom teacher to qualify for a
  distinguished or master teacher designation; and
               (2)  develop methods to incorporate, use, or substitute
  locally developed classroom teacher performance review systems
  that use a target distribution model to determine if a teacher
  satisfies the required criteria.
         (c)  The commissioner shall use the negotiated rulemaking
  procedures under Chapter 2008, Government Code, and solicit input
  from educators and experts in the field of education in determining
  eligibility criteria under Subsection (a) and making any
  adjustments to required percentages under Subsection (b)(1).
         (d)  The commissioner shall appoint a peer review panel to
  evaluate if an applicant has satisfied the requirements for a
  distinguished or master teacher designation under Section 21.752 or
  21.753. A majority of the panel must consist of teachers with a
  master teacher designation as soon as a sufficient number of
  teachers with that designation exist.
         Sec. 21.755.  NOMINATIONS FOR DISTINGUISHED AND MASTER
  TEACHER DESIGNATIONS. (a) To nominate a person as a distinguished
  or master teacher under Section 21.752 or 21.753, the
  superintendent of the school district at which the teacher is
  employed or the superintendent or administrator serving as
  educational leader and chief executive officer of the
  open-enrollment charter school at which the teacher is employed
  must submit a letter, including the nomination materials required
  under Section 21.752(b)(3), to the State Board for Educator
  Certification.
         (b)  During the first school year for which a distinguished
  or master teacher designation is available in a particular
  certification field, a school district or open-enrollment charter
  school may nominate for both designations no more than two and
  one-half percent of the district's or school's classroom teachers
  who work in that certification field. Each subsequent school year,
  the district or school may nominate not more than five percent of
  the district's or school's classroom teachers, excluding
  nominations for the renewal of a distinguished or master teacher
  designation.
         (c)  On request by the school district or open-enrollment
  charter school nominating a teacher under this section, any other
  school district or open-enrollment charter school shall, in a
  manner that complies with the Family Educational Rights and Privacy
  Act of 1974 (20 U.S.C. Section 1232g), provide to the nominating
  district or school student performance information that is required
  for the nominating district or school to submit a nomination.
  Information provided to a nominating district or school under this
  subsection is confidential.
         Sec. 21.756.  MULTIPLE DESIGNATIONS PROHIBITED. A person
  may only hold one teacher designation under this subchapter at any
  time.
         Sec. 21.757.  INFORMATION RELATING TO TEACHER AND STUDENT
  PERFORMANCE. (a) The State Board for Educator Certification, the
  agency, and a peer review panel appointed under Section 21.754(d)
  may access information required to make an eligibility
  determination under this subchapter, including information from
  the school district or open-enrollment charter school at which the
  teacher is or was employed relating to the performance of the
  teacher's current or previous students. Information otherwise
  confidential remains confidential and is not subject to Chapter 551
  or 552, Government Code.
         (b)  The agency shall collect information necessary to
  implement this subchapter, which may include student performance
  information for a sample of students across the state.
         (c)  A school district or open-enrollment charter school
  shall provide any information required under this subchapter.
         Sec. 21.758.  FEES. (a) The State Board for Educator
  Certification may adopt fees to implement this subchapter.
         (b)  A school district or open-enrollment charter school may
  pay any fee adopted by the State Board for Educator Certification
  for a classroom teacher employed at the district or school to pursue
  a teacher designation under this subchapter.
         Sec. 21.759.  STUDENT PERFORMANCE STUDY. (a) The
  commissioner shall periodically conduct a study using an external
  organization to determine the impact of the teacher designations
  issued under this subchapter on student performance.
         (b)  The commissioner shall make recommendations as
  necessary to the State Board for Educator Certification, the
  governor, and the legislature to improve the quality of and impact
  on student performance of teacher designations issued under this
  subchapter.
         Sec. 21.760.  RULES. (a) The State Board for Educator
  Certification may adopt rules to implement this subchapter.
         (b)  The commissioner may adopt rules to implement the
  requirements imposed on the commissioner or agency under this
  subchapter.
         (c)  The State Board for Educator Certification and the
  commissioner shall use the negotiated rulemaking procedures under
  Chapter 2008, Government Code, to implement any rules under this
  subchapter.
         Sec. 21.761.  TEACHER DESIGNATION FEES. (a) A fee adopted
  by the State Board for Educator Certification for the period
  beginning September 1, 2017, and ending August 31, 2020, to
  implement the teacher designations under this subchapter is not
  subject to Sections 2001.0045 and 2001.0221, Government Code.
         (b)  This section expires September 1, 2020.
         SECTION 7.  Subchapter C, Chapter 42, Education Code, is
  amended by adding Section 42.162 to read as follows:
         Sec. 42.162.  TEACHER QUALITY ALLOTMENT. (a) In this
  section, "pay" has the meaning assigned by Section 21.416.
         (b)  A school district, including a school district that is
  otherwise ineligible for state aid under this chapter, and an
  open-enrollment charter school are entitled to an allotment in an
  amount equal to the sum of the product of $4,000 multiplied by:
               (1)  the number of full-time equivalent classroom
  teachers with an accomplished teacher designation under Section
  21.751 employed by the district or school;
               (2)  the number of full-time equivalent classroom
  teachers with a distinguished teacher designation under Section
  21.752 employed by the district or school; and
               (3)  the number of full-time equivalent classroom
  teachers with a master teacher designation under Section 21.753
  employed by the district or school.
         (c)  Instead of the amounts provided by Subsection (b), for
  each qualifying full-time equivalent classroom teacher who is
  assigned by a school district or open-enrollment charter school to
  a campus at which a majority of students are educationally
  disadvantaged or who is employed by a school district or
  open-enrollment charter school that qualifies as rural, as
  determined by the commissioner, the district or school may elect to
  receive the following funding amounts:
               (1)  $8,000 for each full-time equivalent classroom
  teacher with a distinguished teacher designation under Section
  21.752 employed by the district or school; and
               (2)  $20,000 for each full-time equivalent classroom
  teacher with a master teacher designation under Section 21.753
  employed by the district or school.
         (d)  If a school district or open-enrollment charter school
  that is exempt from the average pay increase under Section
  21.416(c) elects to receive funding under Subsection (c) of this
  section, the district or school must ensure that:
               (1)  not later than the third school year after the
  school year in which this subsection applies and the district or
  school receives funding under Subsection (c), the average annual
  pay of classroom teachers for whom the district or school receives
  funding under Subsection (c)(1) is at least $68,000; and
               (2)  not later than the fifth school year after the
  school year in which this subsection applies and the district or
  school receives funding under Subsection (c), the average annual
  pay of classroom teachers for whom the district or school receives
  funding under Subsection (c)(2) is at least $85,000.
         (d-1)  Subsection (d) and this subsection expire September
  1, 2034.
         (e)  Beginning with the 2034-2035 school year, a school
  district or open-enrollment charter school that elects to receive
  funding under Subsection (c) must ensure that:
               (1)  not later than the third school year after the year
  in which this subsection applies and the district or school
  receives funding under Subsection (c), the average annual pay of
  classroom teachers for whom the district or school receives funding
  under Subsection (c)(1) is at least $68,000; and
               (2)  not later than the fifth school year after the year
  in which this subsection applies and the district or school
  receives funding under Subsection (c), the average annual pay of
  classroom teachers for whom the district or school receives funding
  under Subsection (c)(2) is at least $85,000.
         (f)  Except as provided by Subsection (g), a school district
  or open-enrollment charter school is not eligible for funding under
  Subsection (c) if the commissioner determines that the district or
  school has not met applicable average pay requirements under this
  section. The commissioner may restore funding eligibility to the
  district or school on proof of compliance with applicable average
  pay requirements.
         (g)  The commissioner may not deny eligibility of a school
  district or open-enrollment charter school for funding under
  Subsection (c) if the commissioner determines that:
               (1)  the budget of the school district or
  open-enrollment charter school complied with applicable average
  pay requirements under this section but subsequent changes in
  employment that could not be reasonably anticipated resulted in the
  failure to satisfy that requirement;
               (2)  the school district or open-enrollment charter
  school was provided less total state and local funding under the
  Foundation School Program for maintenance and operations for the
  school year for which the district or school is subject to
  applicable average pay requirements under this section than the
  amount of state and local funding provided to the district or school
  for the previous school year; or
               (3)  the school district or open-enrollment charter
  school has a reasonable expectation of a decrease in total revenue
  due to circumstances not anticipated in estimates adopted by the
  state.
         (h)  Funding under this section may be provided to a school
  district or open-enrollment charter school only for:
               (1)  the highest funding category for which a classroom
  teacher qualifies; and
               (2)  if funding is provided under Subsection (c),
  qualifying classroom teachers for which the district or school
  applies.
         (i)  The commissioner may adopt rules under this section
  using the negotiated rulemaking procedures under Chapter 2008,
  Government Code, including rules determining:
               (1)  proration for classroom teachers who qualify under
  this section and who were employed by a school district or
  open-enrollment charter school for less than a full school year;
  and
               (2)  which classroom teachers and what types of pay
  must be included to comply with applicable average pay requirements
  under this section.
         SECTION 8.  Subchapter E, Chapter 42, Education Code, is
  amended by adding Section 42.25131 to read as follows:
         Sec. 42.25131.  ADVANCE PAYMENT FOR PURSUIT OF ACCOMPLISHED
  TEACHER DESIGNATION. (a) The commissioner shall grant a school
  district or open-enrollment charter school an advance payment from
  the Foundation School Program in an amount equal to $1,900 per
  classroom teacher for whom the district or school submits a request
  to the agency. An advance payment made under this section may only
  be used to pursue an accomplished teacher designation for a teacher
  under Section 21.751 for the first time.
         (b)  The school district or open-enrollment charter school
  shall repay the amount of the advance payment in equal installments
  over the three school years following the school year in which the
  advance payment is received.
         (c)  For each classroom teacher for whom a school district or
  open-enrollment charter school receives funding under this section
  and who does not receive an accomplished teacher designation under
  Section 21.751 by the end of the fourth school year after the
  district received funding, the district or school shall pay to the
  Foundation School Program an additional $300.
         (d)  The commissioner may modify the advance payment program
  under this section, including modifications to funding
  entitlements to and amounts owed by a school district or
  open-enrollment charter school because of a classroom teacher
  leaving employment at the district or school before the expiration
  of the time periods established under this section.
         (e)  The commissioner may adopt rules to implement this
  section using the negotiated rulemaking procedures under Chapter
  2008, Government Code.
         SECTION 9.  Effective September 1, 2019, Section 42.302(a),
  Education Code, is amended to read as follows:
         (a)  Each school district is guaranteed a specified amount
  per weighted student in state and local funds for each cent of tax
  effort over that required for the district's local fund assignment
  up to the maximum level specified in this subchapter. The amount of
  state support, subject only to the maximum amount under Section
  42.303, is determined by the formula:
  GYA = (GL X WADA X DTR X 100) - LR
  where:
         "GYA" is the guaranteed yield amount of state funds to be
  allocated to the district;
         "GL" is the dollar amount guaranteed level of state and local
  funds per weighted student per cent of tax effort, which is an
  amount described by Subsection (a-1) or a greater amount for any
  year provided by appropriation;
         "WADA" is the number of students in weighted average daily
  attendance, which is calculated by dividing the sum of the school
  district's allotments under Subchapters B and C, less any allotment
  to the district for transportation, any allotment under Section
  42.158, [or] 42.160, or 42.162, and 50 percent of the adjustment
  under Section 42.102, by the basic allotment for the applicable
  year;
         "DTR" is the district enrichment tax rate of the school
  district, which is determined by subtracting the amounts specified
  by Subsection (b) from the total amount of maintenance and
  operations taxes collected by the school district for the
  applicable school year and dividing the difference by the quotient
  of the district's taxable value of property as determined under
  Subchapter M, Chapter 403, Government Code, or, if applicable,
  under Section 42.2521, divided by 100; and
         "LR" is the local revenue, which is determined by multiplying
  "DTR" by the quotient of the district's taxable value of property as
  determined under Subchapter M, Chapter 403, Government Code, or, if
  applicable, under Section 42.2521, divided by 100.
         SECTION 10.  Section 61.0766(e), Education Code, is amended
  to read as follows:
         (e)  An academy program may:
               (1)  provide financial assistance for the purpose of
  allowing participants to complete the program [and obtain a master
  teacher certificate under Section 21.0482, 21.0483, or 21.0484];
               (2)  include programs in leadership skills to develop
  training, mentoring, and coaching skills;
               (3)  deliver coursework electronically for some or all
  of the program; and
               (4)  provide for ongoing professional development and
  coordination with specific public school instructional programs.
         SECTION 11.  The following provisions of the Education Code
  are repealed:
               (1)  Section 21.0481;
               (2)  Section 21.0482;
               (3)  Section 21.0483;
               (4)  Section 21.0484;
               (5)  Section 21.410;
               (6)  Section 21.411;
               (7)  Section 21.412; and
               (8)  Section 21.413.
         SECTION 12.  The State Board for Educator Certification may
  not issue a new or renew a master teacher certificate issued under
  Section 21.0481, 21.0482, 21.0483, or 21.0484, Education Code, on
  or after the effective date of this Act.
         SECTION 13.  Sections 12.104(b-4), 21.4025, 21.416, and
  42.162, Education Code, as added by this Act, apply beginning with
  the 2019-2020 school year.
         SECTION 14.  Except as otherwise provided by this Act, 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 December
  1, 2017.