85S11876 GCB-D
 
  By: Villalba H.B. No. 354
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption of teacher performance contracts for
  classroom teachers and an increased basic allotment for school
  districts that adopt those contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 21, Education Code, is amended by adding
  Subchapter H-1 to read as follows:
  SUBCHAPTER H-1. TEACHER PERFORMANCE CONTRACTS
         Sec. 21.371.  TEACHER PERFORMANCE CONTRACTS. (a) A school
  district may adopt teacher performance contracts under this
  subchapter for use in the district for the purpose of providing
  specific guidance to classroom teachers on improving performance.
         (b)  A district that adopts teacher performance contracts
  under this subchapter must use a teacher performance contract
  evaluation system described by Section 21.372.
         (c)  A teacher performance contract under this subchapter is
  a supplemental agreement between the district and teacher and does
  not affect the requirements under this chapter to employ a teacher
  under a probationary, continuing, or term contract.
         Sec. 21.372.  TEACHER PERFORMANCE CONTRACT EVALUATION
  SYSTEM. (a) A teacher performance contract evaluation system
  consists of an appraisal process and performance criteria adopted
  in accordance with Section 21.352(a)(2) that include evaluation
  based on:
               (1)  observation of the teacher's performance;
               (2)  student achievement results, as measured by
  student growth and performance on multiple tests and school growth
  and performance on state assessment instruments administered under
  Section 39.023; and
               (3)  research-based, age-appropriate surveys
  administered to students about the teacher's performance.
         (b)  The evaluation system described by this section must
  provide that a classroom teacher's performance on each criteria
  listed in Subsection (a)(1), (2), or (3) is weighted not less than
  15 percent of the teacher's appraisal.
         (c)  The evaluation system described by this section must
  provide not fewer than eight performance levels to which a
  classroom teacher may be assigned based on the teacher's appraisal.
         Sec. 21.373.  ADDITIONAL COMPENSATION BASED ON APPRAISAL
  PERFORMANCE LEVEL. (a)  A teacher performance contract must
  provide for additional compensation for a classroom teacher
  assigned a performance level under the evaluation system described
  by Section 21.372 that indicates the teacher's performance exceeds
  the performance expected at the teacher's level of experience.
         (b)  The contract must ensure that the salary of a teacher
  described by Subsection (a) exceeds the compensation the teacher is
  entitled to under the minimum salary schedule provided by Section
  21.402.
         Sec. 21.374.  CERTAIN EMPLOYMENT RENEWAL PROHIBITED. (a) A
  school district that adopts teacher performance contracts under
  this subchapter may not renew the employment contract of a
  classroom teacher employed under a probationary contract who is
  assigned the minimum performance level based on the teacher's
  appraisal for the school year, except as otherwise provided by
  Subsection (b).
         (b)  The board of trustees of a school district may take
  specific action to renew the employment of a teacher who is employed
  under a probationary contract and is assigned the minimum
  performance level based on the teacher's appraisal for the school
  year.
         Sec. 21.375.  COMMISSIONER APPROVAL. The commissioner shall
  approve a school district for purposes of the adjustment in the
  district's basic allotment provided by Section 42.101(d) if the
  commissioner determines that:
               (1)  the district has met the requirements for teacher
  performance contracts provided by this subchapter; and
               (2)  the teacher performance contracts adopted by the
  district satisfy any commissioner rules adopted to ensure that
  teacher performance contracts are likely to improve the district's:
                     (A)  recruitment of effective classroom teachers;
                     (B)  retention of effective classroom teachers;
  and
                     (C)  student performance.
         Sec. 21.376.  RULES. The commissioner may adopt rules to
  implement this subchapter.
         SECTION 2.  Section 42.101, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  Notwithstanding any other provision of this section,
  for a school district that adopts teacher performance contracts
  under Subchapter H-1, Chapter 21, and receives commissioner
  approval under Section 21.375, the basic allotment to which the
  district would otherwise be entitled under this section is
  increased by the amount that results from the following formula:
  I = $50 X (PCE/TE)
  where:
         "I" is the amount by which the district's basic allotment is
  increased under this subsection;
         "PCE" is the number of classroom teachers employed by the
  district that have entered a teacher performance contract with the
  district; and
         "TE" is the total number of classroom teachers employed by
  the district.
         SECTION 3.  This Act applies beginning with the 2018-2019
  school year.
         SECTION 4.  This Act takes effect December 1, 2017.