80R7916 KKA-D
	By: Shapiro	S.B. No. 1643

	A BILL TO BE ENTITLED
	AN ACT
	relating to educator preparation programs and to training,
	continuing education, appraisal, and employment of public school
	teachers and administrators.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 21.045, Education Code, is amended by
	amending Subsections (a), (b), and (d) and adding Subsection (e) to
	read as follows:
	(a)  The commissioner [board] shall adopt [propose] rules
	establishing standards to govern the approval and continuing
	accountability of all educator preparation programs based on
	information that is disaggregated with respect to sex and ethnicity
	and that includes:
	(1)  results of the certification examinations
	prescribed under Section 21.048(a); [and]
	(2)  performance based on the appraisal system for
	beginning teachers adopted by the board;
	(3)  performance of students taught by beginning
	teachers for the first three years following certification, as
	determined on the basis of the measure of annual improvement under
	Section 39.034 and any other factor considered appropriate by the
	commissioner; and
	(4)  perseverance of beginning teachers in the
	profession, as determined on the basis of the number of beginning
	teachers who maintain active status in the Teacher Retirement
	System of Texas for at least five years after certification.
	(b)  Each educator preparation program shall submit data
	elements as required by the commissioner [board] for an annual
	performance report to ensure access and equity. At a minimum, the
	annual report must contain the performance data from Subsection
	(a), other than the data required for purposes of Subsection
	(a)(3), and the following information, disaggregated by sex and
	ethnicity:
	(1)  the number of candidates who apply;
	(2)  the number of candidates admitted;
	(3)  the number of candidates retained;
	(4)  the number of candidates completing the program;
	(5)  the number of candidates employed in the
	profession after completing the program; and
	(6)  the number of candidates retained in the
	profession.
	(d)  The commissioner [executive director of the board]
	shall appoint an oversight team of educators to make
	recommendations and provide assistance to educator preparation
	programs that do not meet accreditation standards. If, after one
	year, an educator preparation program has not fulfilled the
	recommendations of the oversight team, the commissioner [executive
	director] shall appoint a person to administer and manage the
	operations of the program. Promptly on appointment, the person
	shall, on behalf of the managed program, pursue tentative
	agreements with other educator preparation programs for the
	acceptance into those programs of the managed program's students if
	the approval of the managed program is subsequently revoked. If
	the program does not improve after two years, the commissioner
	[board] shall revoke the approval of the program to prepare
	educators for state certification.
	(e)  A revocation under Subsection (d) must be effective for
	a period of at least one year. After one year, the program may seek
	renewed approval to prepare educators for state certification.
	SECTION 2.  Section 21.054, Education Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  Continuing education for a teacher must be
	evidence-based and linked to:
	(1)  any areas identified in a teacher's appraisal as
	needing improvement;
	(2)  any areas identified by a teacher for achievement
	of specific professional goals for improvement; and
	(3)  the subject area taught by the teacher, as
	appropriate to generate improvement in pedagogy or subject area
	expertise.
	SECTION 3.  Section 21.351, Education Code, is amended by
	amending Subsection (a) and adding Subsections (a-2) and (e) to
	read as follows:
	(a)  The commissioner shall adopt a recommended appraisal
	process and criteria on which to appraise the performance of
	teachers. The criteria must be based on observable, job-related
	behavior and address at least the following considerations [,
	including]:
	(1)  teachers' implementation of discipline management
	procedures; [and]
	(2)  the performance of teachers' students; and
	(3)  teachers' qualifications, including advanced
	degrees, professional experience in relevant subject areas, and
	continuing education or professional development relating to
	pedagogy and relevant subject area expertise.
	(a-2) The recommended appraisal process must provide that
	consideration of criteria relating to student performance under
	Subsection (a)(2) constitutes a majority of a teacher's appraisal.
	Additionally, the recommended appraisal process must provide that
	the portion of a teacher's appraisal that concerns student
	performance is conducted in accordance with the following
	guidelines:
	(1)  at least 25 percent of that portion of the
	appraisal must be based on objective, quantifiable measures of the
	achievement and progress of the teacher's students, such as state
	assessment instruments, local benchmarking systems, portfolio
	assessments, and value-added assessments;
	(2)  at least 10 percent of that portion of the
	appraisal must be based on the overall performance or progress of
	students enrolled at the teacher's campus;
	(3)  measures of student progress must be used whenever
	possible; and
	(4)  observable measures of student performance may be
	used when appropriate.
	(e)  Under the recommended appraisal process, a teacher
	employed under a probationary contract must be appraised more
	frequently than a teacher employed under a term contract or
	continuing contract.
	SECTION 4.  Subchapter H, Chapter 21, Education Code, is
	amended by adding Section 21.3531 to read as follows:
	Sec. 21.3531.  TEACHER PERFORMANCE IMPROVEMENT PLAN;
	CONSEQUENCES OF UNSATISFACTORY APPRAISAL. (a) If a teacher
	receives an unsatisfactory appraisal, the teacher's supervisor, in
	consultation with the appraiser and the teacher, shall develop a
	performance improvement plan for the teacher that includes at least
	the following information:
	(1)  the areas in which the teacher is in need of
	assistance and improvement;
	(2)  requirements or recommendations for the teacher
	regarding evidence-based professional improvement activities that
	have been proven to result in improvement in the areas identified
	under Subdivision (1), and the evidence that will be used to
	determine whether the teacher successfully completes the required
	or recommended activities;
	(3)  requirements for changes in the teacher's
	behavior, and the evidence that will be used to determine whether
	the teacher's behavior changes in the manner required; and
	(4)  a specific timeline for completion of the
	performance improvement plan.
	(b)  If a teacher employed under a term contract receives an
	unsatisfactory appraisal for two consecutive years, a school
	district may decline to renew the teacher's contract in the manner
	provided by this chapter or, if the teacher has achieved some level
	of improvement, develop an additional performance improvement plan
	for the teacher under this section.
	(c)  If a teacher employed under a continuing contract
	receives an unsatisfactory appraisal for two consecutive years, the
	teacher may be employed by the district during the subsequent
	school year only under a term contract, notwithstanding Section
	21.154.  The teacher is entitled to a hearing and a right to appeal
	in the same manner as a teacher who is discharged or suspended
	without pay under Section 21.156.
	(d)  If a teacher receives an unsatisfactory appraisal for
	three consecutive years, a school district shall decline to renew
	the teacher's contract in the manner provided by this chapter.
	SECTION 5.  Section 21.354, Education Code, is amended by
	amending Subsection (e) and adding Subsection (f) to read as
	follows:
	(e)  The appraisal of a principal or assistant principal
	shall include consideration of:
	(1) the performance of a principal's or assistant
	principal's campus on the indicators established under Section
	39.051 and the campus's objectives established under Section
	11.253, including performance gains of the campus and the
	maintenance of those gains;
	(2)  the performance of students at the principal's or
	assistant principal's campus, based on objective, quantifiable
	measures of the student achievement and progress, such as state
	assessment instruments, local benchmarking systems, portfolio
	assessments, and value-added assessments, and using measures of
	student progress whenever possible;
	(3)  the discipline management procedures used by the
	principal or assistant principal;
	(4)  efforts by the principal or assistant principal to
	involve parents in the educational process; and
	(5)  the instructional leadership and support provided
	to staff on the principal's or assistant principal's campus.
	(f)  The majority of an appraisal of a principal or assistant
	principal must be based on consideration of student performance
	under Subsection (e)(2), and at least 25 percent of the portion of
	the appraisal based on student performance must be based on
	objective, quantifiable measures, as described by Subsection
	(e)(2).
	SECTION 6.  The commissioner of education shall:
	(1)  adopt revised recommended appraisal processes in
	compliance with Sections 21.351 and 21.354, Education Code, as
	amended by this Act, not later than September 1, 2008;
	(2)  develop training for school districts regarding
	use of the revised recommended appraisal processes not later than
	September 1, 2009;
	(3)  provide the training developed under Subdivision
	(2) of this section to appropriate school district personnel not
	later than September 1, 2010; and
	(4)  complete implementation of the revised
	recommended appraisal processes not later than September 1, 2010.
	SECTION 7.  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, 2007.