SRC-MAX S.B. 1683 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 1683
By: Ratliff
Education
4-15-97
As Filed


DIGEST 

Currently, the State Board for Educator Certification (board) must meet to
consider and act on all recommended sanctions against an educator's
certificate.  Due to the large number of cases which must be reviewed each
month, the board is concerned that it will not have sufficient time to
devote to other responsibilities.  This bill allows the board to adopt new
policies that will develop a more efficient disciplinary process. 

PURPOSE

As proposed, S.B. 1683 establishes provisions regarding the disciplinary
proceedings by the State Board for Educator Certification.    

RULEMAKING AUTHORITY

Rulemaking authority is granted to the State Board of Educator
Certification in SECTION 2 (Sections 21.0411(a) and (b), Chapter 21B,
Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 21.041, Education Code, to authorize the State
Board for Educator Certification (board) to provide for disciplinary
proceeding, which may include delegating certain authority the board deems
appropriate, including the sanction, rather than suspension or revocation,
of an educator certificate and the administration of oaths, as provided by
Chapter 2001, Government Code. 

SECTION 2. Amends Chapter 21B, Education Code, to require the board to
adopt rules that temporarily suspend an educator's existing certificate(s)
or stay consideration of a person's application for a certificate(s)
effective upon notification of a conviction of a certain crimes that
directly relate to the duties and responsibilities of the education
profession.  Provides that temporary suspension or stay under this section
is not subject to Chapter 2001, Government Code or Articles 6252-13c and
6252-13d, V.T.C.S., and requires the board's rules to provide the educator
or applicant an opportunity to be heard no later than a certain date.
Requires a temporary suspension or stay to continue until certain
proceeding are finished and certain decisions are made.  Prohibits a
suspension or stay from extending beyond a certain time period.  Provides
that a person is considered to have been convicted if a court of competent
jurisdiction in this state, another state, the United States, or another
country performs certain actions. 

SECTION 3. Emergency clause.
  Effective date:  upon passage.