JLM C.S.H.B. 2122 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
C.S.H.B. 2122
By: McReynolds
5-2-97
Committee Report (Substituted)



BACKGROUND 

Current law allows a school district to issue a school district teaching
permit and employ as a teacher a person who does not hold a teaching
certificate.  To be eligible for a school district teaching permit, a
person must hold a baccalaureate degree.  The school district, upon hiring
the person, must send to the commissioner a written statement identifying
the person, the person's qualifications as a teacher, and the subject or
class the person will teach. The commissioner has the authority to reject
the permit within 30 days. 

PURPOSE

As proposed, HB 2122 would enhance the requirements of non-certified
personnel who are issued school district teaching permits and limit the
period of validity for the permit. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants rulemaking
authority to the State Board for Educator Certification in Section 1 and
Section 2. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Texas Education Code, Chapter 21, Subchapter B, Section
21.055 (b) and             (c) and adds Subsections (f) through (i) to: 
 
  (b) amends current law to add as a requirement to a school district
teaching permit   an academic background or work experience related to the
subject or class that the   person will teach. 

  (c) amends current law to be eligible for a school district teaching
permit to teach   a career and technology education subject or class, a
person must have work   experience related to the subject or class. 

  (f) amends current law by stating the school district teaching permit is
valid until   the person satisfies the requirements adopted under Section
21.041(b) (10) or until   a date set by the board. 

  (g) requires that a person employed under a school district teaching
permit is   subject to the code of ethics proposed by the board under
Section 21.041(b) (8).  It   also gives the board, in accordance with
rules proposed under Section 21.041(b)   (7), the ability to sanction a
school district teaching permit.   

  (h) allows a person who holds or has held a school district teaching
permit to   obtain a teaching certificate issued under rules proposed
under Section 21.041(b)   (10). 

  (i) requires that a district may revoke a school district teaching
permit for cause.    A district shall notify the commissioner in writing
not later than the 10th day after   the date of revocation. 
 
  
SECTION 2. Amends Section 21.041 (b), Education Code

  (10) amends current law by requiring the State Board of Educator
Certification to   provide for rules for certification of persons holding
school district teaching   permits.   

SECTION 3. Effective Date

SECTION 4. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. HB 2122 only allowed a school district to issue one school
district teaching permit. 

          CSHB 2122 does not include a one year limit on a school district
teaching permit            as did HB 2122.  CSHB 2122 allows a school
district teaching permit until the            person satisfies the
requirements adopted under Section 21.041(b) (10) or until a
date set by the board. 

           CSHB 2122 adds as a requirement to a school district teaching
permit              an academic background or work experience related to
the subject or class that the            person will teach. 

           CSHB 2122 adds to be eligible for a school district teaching
permit to teach            a career and technology education subject or
class, a person must have work            experience related to the
subject or class. 
          
           CSHB 2122 gives the board, in accordance with rules proposed
under Section            21.041(b) (7), the ability to sanction a school
district teaching permit.  HB 2122            stated that a person whose
school district teaching permit is revoked for a              violation of
the code of ethics is not eligible for a school district teaching permit
issued by another district or a teaching certificate issued under rules
proposed under            Section 21.041(b) (10).  The commissioner should
also determine whether a person            is ineligible under this
subsection.