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Senator Florence Shapiro filed SB 8 Friday afternoon. (This bill should not be confused with the SB 8 relating to TRS issues that was introduced in the first special session.) Though billed as a reworking of the education/school finance bill, most of the issues in this bill have appeared in earlier incarnations. Two items of interest were NOT included in SB 8 – changes to the school start date, and required November elections for school board members.
General funding
Property taxes would be reduced to $1.25 in 2006 and $1.20 in 2007.
Local districts could impose additional property taxes in the amount of 5 cents upon voter approval each biennium, with a maximum increase of 15 cents over six years.
Teacher salaries
Increases each step of the state minimum salary schedule by $1500/year in 2005-06; then by an additional $1250/year in 2006-07. Deletes the driver that currently increases the minimum salary schedule as enrichment funding is increased.
Provides “pass-through” language ensuring that in 2005-06 each teacher, counselor, nurse or librarian would receive an additional $1500 in salary over what he/she would have made in 2005-06 under the district’s 2004-05 local salary schedule. This amount includes the restoration of the $1000 health insurance supplement, which is converted to salary under this bill and thus incorporated into the salary increase. In addition to the health insurance supplement restoration, the actual salary increase the first year (2005-06) is $500.
Similar language is provided for the 2006-07 school year, ensuring an additional $1250 that year for a total salary increase over two years of $1750, plus restoration of the $1000 health insurance supplement.
This increase may not be guaranteed for employees in districts using a mid-point salary structure. In addition, districts that paid employees an additional amount in 2003-04 and 2004-05 to make up for the reduced health insurance supplement (when that supplement was lowered by the legislature from $1000 to $500) can apply to the commissioner for authority to increase salaries less than the amount otherwise required by the bill.
Includes a provision that it is the policy of the state that districts can and should compensate teachers above the state minimum based on the teacher’s ability to improve student achievement.
For 2005-06, districts are also provided funding in the amount of $500 per each teacher, counselor, nurse and librarian that must be used to provide compensation increases for any or all non-administrative employees. An additional $250 per each teacher, counselor, nurse and librarian is provided in the 2006-07 school year. This increased compensation can be paid to any non-administrative district employee. It appears that these provisions constitute the mechanism for continuing the health insurance supplement, at the districts’ discretion, for non-administrative employees who are not on the state minimum salary schedule, though the lower amount in 2006-07 seems to indicate a phasing out of this benefit.
“Longevity” pay
Includes additional salary increases for classroom teachers who are eligible for retirement (i.e, whose age and TRS service credit total at least 80) but who choose not to retire. Such teachers would receive an increase of $1000 if their age and service credit total 80-84, $2000 for those totaling 85-89, $3000 for those totaling 90-94, and $4000 for those totaling 95 or more.
Salary schedule exemptions
Retirees returning to work, and teachers with emergency or probationary certificates, are not protected by the state minimum salary schedule.
Health insurance supplement
Restores the $1,000 for teachers, counselors, nurses and librarians, but converts it to salary. Funding and required compensation increases for non-administrative employees are provided in such a way that districts can (at their discretion) at least partially substitute for the health insurance supplementation formerly afforded to other non-administrative employees. (See the last paragraph of “teacher salaries” above for more information.
Textbooks
Funding is included for Proclamation 2002 -- foreign language, health, P.E. and fine arts textbooks that have been adopted by the state and are scheduled to be distributed this upcoming school year. The bill completely changes the textbook adoption process so that publishers could submit instructional materials to the State Board of Education (SBOE) at any time for approval, and the SBOE would meet biannually to approve these materials. The SBOE would no longer adopt books or assign books to conforming or nonconforming lists. Each school district would annually certify to TEA that for each subject in the required curriculum at each grade level, the district provides each student with instructional materials that are aligned with TEKS.
Effective Sept. 1, 2007, the instructional materials allotment is increased to $150 per student, of which $60 per student must be used to fund targeted technology programs.
Incentive pay
Two programs are created for pay based on student achievement. $50 million is appropriated for a statewide program for improving student performance at at-risk campuses, to be implemented in the 2007-08 school year for campuses with at least 50% educationally disadvantaged students. Each teacher at a campus receiving an award would receive a $3,000 stipend.
At the local level, districts would be required to establish local incentive programs through the site-based decision making committees to provide incentive payments to employees who demonstrate superior success in growth in student achievement. The commissioner will award grants for local incentive programs (totaling no more than $50 million statewide each year) to districts selected through an application process. Incentive payments could be used to encourage teachers to teach at hard-to-staff campuses, serve as mentors, receive certification in shortage areas, or to further the goals of any other locally designed performance incentive program intended to improve student achievement.
The local plan can reward individuals, campuses or organizational units (grade levels or academic departments). The primary criteria for making incentive payments must be based on objective measures of student achievement but can also take into consideration evaluations of teachers by parents and principals.
Development of the local plan must include participation of classroom teachers and be approved by the district SBDM committee. Campus committees would determine the distribution of funds.
Mentors
Schools may assign mentors to classroom teachers with less than two years of experience. The mentors must teach in the same school as the mentored teacher, teach the same subject/grade if practicable, and complete a research-based mentor and induction training program approved by the commissioner. To qualify as a mentor, a teacher must have at least three years of teaching experience with a superior record of assisting students in achieving growth in student performance. Any state funds appropriated for mentoring must be spent on mentor stipends, release time for mentors, and mentoring support through providers of mentor training.
Exemplary exemptions
Exempts districts and campuses with an exemplary rating from major provisions of the Education Code, including all statutory employee rights and benefits, subject to approval of the commissioner. The provisions of Chapter 37, the portion of the Education Code that relates to student discipline (including a teacher’s right to remove a disruptive student from the classroom), would still apply.
Targeted instructional expenses
Requires districts to allocate at least 65% of available revenue to direct instructional activities. This percentage requirement is phased in over 4 years, with districts required to spend at least 50% of available revenue on instructional activities in 2006-07, 55% in 2007-08, 60% in 2008-09, and 65% in 2009-10 and thereafter. Eligible expenditures will be determined by National Center for Education Statistics standards and definitions; there is a concern that some legitimate instructional expenses might be excluded under these standards.
Testing
State tests could include a broader range of knowledge and skills on assessments for purposes of differentiating student achievement.
TEA must, to the extent practicable and appropriate, provide for assessments to be designed so that they are computer-adaptive, and must require school districts to administer computer-adaptive assessments to the extent practicable and appropriate.
Removes the current prohibition on the use of technology to aid in the math TAKS in grades 3-7.
Provides funding for one administration of college entrance exams (SAT/ACT) for students who choose to take them.
Allows school districts to administer preliminary college preparation exams (PSAT) at two grade levels other than 11th and 12th.
Teacher contractual protections
Allows teachers to be terminated mid-year for a financial exigency requiring a reduction in force (RIF), with only an appeal to the local school board available. The decision of the local school board could not be overturned unless it is arbitrary and capricious or not supported by substantial evidence (a very low standard). This provision would make it just as easy for districts to RIF teachers during the school year as they currently can at the end of a contract. Current law provides an appeal to an independent hearing officer.
Charter schools
Includes a rewrite of the laws governing charter schools. Reauthorizes charters that meet certain academic standards. Strengthens the requirements for charter holders requesting a revision to their charter. Makes it easier to close down low-performing charter schools and charter schools that fail to meet required standards. Renames charter holders and their respective schools as public charter districts. Includes a provision for a small number of qualified consistently high-performing charter schools to grant a charter to replicate their program.
Charter school teachers, except for those subject to stricter federal requirements in core subject areas, would only be required to hold a high school diploma.
Intervention for low-performing schools
Creates accreditation ratings of accredited, accredited-warned and accredited-probation (in addition to the current performance ratings of exemplary, recognized, acceptable and unacceptable. For a district receiving a rating of accredited-warned or accredited-probation, the commissioner must appoint a board of managers (to overtake the duties of the school board). If a district receives such a rating for two years in a row, the district will lose its accreditation, be closed and be annexed to an adjoining district.
If a campus is rated unacceptable, the commissioner’s options include appointing a technical assistance team or a campus intervention team. If the campus is identified as unacceptable for two consecutive years, the campus must be reconstituted and a campus intervention team assigned to, among other duties, determine which educators may remain at the campus. If the campus is unacceptable for more than two consecutive years, the commissioner may order reconstitution or closure, or pursue alternative management. The commissioner must pursue alternative management (which may include private companies) if the campus is unacceptable the year after being reconstituted.
Measuring student achievement
The commissioner must develop a measure of incremental growth in student achievement that will become an indicator in the state accountability system upon which district ratings are based and upon which local incentive payments to teachers are based.
Dual language education
Creates a dual language education teacher certificate and a master language teacher certificate.
Communication with school board members
Includes a TCTA proposal clarifying that district employment policies must permit school district employees to communicate directly with a member of the board of trustees without restriction regarding a matter relating to the operation of the district.
Authority over the profession
An Educators' Professional Practices Board is established to regulate and oversee standards of conduct for educators; generally, functions of the State Board for Educator Certification are transferred to this board. The Board is composed of 11 members, six of whom must be classroom teachers, not more than two of whom can be administrators. In appointing board members, the commissioner must appoint teachers with at least five years of teaching experience, give preference to teachers who have received state or national awards, and provide an opportunity for professional educator associations to submit nominations for appointments. Responsibilities of the State Board of Educator Certification would be divided between the commissioner and this board.
Temporary administrator certificates
Allows individuals with no classroom experience or teacher certification to receive temporary certificates to serve as an assistant principal, principal, or superintendent.
The individual must hold at least a bachelor’s degree, have management and leadership experience, and pass a certification exam. After three years, the certificate can be converted to a standard certificate, upon recommendation of the employing school district.
