By: Dutton H.B. No. 4188
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the rights, certification, and compensation of public
school educators, including financial and other assistance
provided to public schools by the Texas Education Agency related to
public school educators and to certain allotments under the
Foundation School Program.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 19.009(d-2), Education Code, is amended
to read as follows:
       (d-2)  Beginning with the 2009-2010 school year, the
district shall increase the [monthly] salary of each classroom
teacher, full-time speech pathologist, full-time librarian,
full-time school counselor certified under Subchapter B, Chapter
21, and full-time school nurse employed by the district by the
greater of:
             (1)  $80 per month; or
             (2)  the maximum uniform amount per month that, when
combined with any resulting increases in the amount of
contributions made by the district for social security coverage for
the specified employees or by the district on behalf of the
specified employees under Section 825.405, Government Code, may be
provided using an amount equal to the product of $60 multiplied by
the number of students in weighted average daily attendance in the
district during the 2009-2010 school year.
       SECTION 2.  Section 21.044, Education Code, is amended by
adding Subsection (h) to read as follows:
       (h)  In this subsection, "three-cueing" means a method of
reading instruction for identification of words by which a student
is encouraged to draw on context and sentence structure to identify
a word without sounding the word out or using a phonics-based
approach.  An educator preparation program, including an educator
preparation program offered by an institution of higher education,
as defined by Section 61.003:
             (1)  may not include instruction that incorporates the
reading instruction method of three-cueing; and
             (2)  must include instruction on the science of
teaching reading.
       SECTION 3.  Section 21.105, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
       (c)  Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher
employed under a probationary contract who:
             (1)  resigns;
             (2)  fails without good cause to comply with Subsection
(a) or (b); and
             (3)  fails to perform the contract.
       (g)  The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a probationary contract and leaves
the employment of the district after the 45th day before the first
day of instruction for the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b), if the teacher's failure to comply with
Subsection (a) was due to:
             (1)  the teacher, or a close family member of the
teacher, developing a serious illness or experiencing a significant
change in health condition;
             (2)  the teacher relocating because the teacher's
spouse or a partner who resides with the teacher changes employers;
             (3)  the needs of the teacher's family changing
significantly in a manner that requires the teacher to:
                   (A)  relocate; or
                   (B)  forgo employment during a period of required
employment under the teacher's contract; or
             (4)  the teacher reasonably believing that the teacher
received written permission from the school district to resign.
       SECTION 4.  Section 21.160, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
       (c)  Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
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