SR C.S.S.B. 1825 75(R) BILL ANALYSIS PUBLIC EDUCATION C.S.S.B. 1825 By: Shapleigh (Maxey) 5-20-97 Committee Report (Substituted) BACKGROUND Currently, the State Board for Educator Certification (board) is a separate entity from the Texas Education Agency (TEA). In the transition and start-up of the board, several ambiguities in terminology as well as inadvertent discrepancies resulting from codifying the separation of the board from TEA have emerged. This bill provides cleanup language and clarifies the separation between the board and TEA. PURPOSE As proposed, C.S.S.B. 1825 provides cleanup language and clarifies the separation between the State Board for Educator Certification and the Texas Education Agency. RULEMAKING AUTHORITY Rulemaking authority is granted to the State Board for Educator Certification in SECTIONS 4, 6, 7, 8, 10, 11, 12, 13, and 14. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5.001(5), Education Code, to redefine "educator." SECTION 2. Amends Section 7.055(a), Education Code, to set forth the powers and duties of the commissioner of education (commissioner) provided by Subsection (b), to include the requirement for the commissioner to provide for the certification of persons performing teacher or administrator appraisals under Subchapter H, Chapter 21, Education Code. Requires the commissioner to suspend the school district teaching permit of a person, rather than the certificate of an educator, who violates Chapter 617, Government Code. Makes conforming changes. SECTION 3. Amends Section 21.003(a), Education Code, to prohibit a person from being employed as an educator by a school district, rather than a teacher, teacher intern or trainee, librarian, educational aide, administrator, or counselor, unless the person holds an appropriate certificate or school district teaching permit issued as provided by Subchapter B. SECTION 4. Amends Section 21.031(b), Education Code, to set forth a measure for adopting, rather than proposing, rules under this subchapter. SECTION 5. Amends Section 21.040, Education Code, as follows: Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. Sets forth the powers and duties of the State Board for Educator Certification (board), including the power for the board to appoint an advisory committee composed primarily of members of each class of educator certificate to recommend standards for that class to the board. Requires the board to provide information regarding its members' and employees' qualifications for office or employment under this subchapter, rather than chapter. Requires the board to execute contracts, rather than intraagency contracts, relating to or accept grants for the administration of this subchapter; and to suspend the certificate of an educator who violates Chapter 617, Government Code. Deletes a requirement for the board to perform routine administrative functions. SECTION 6. Amends Sections 21.041(b) and (c), Education Code, to require the board to adopt, rather than propose, certain rules. Subsection (b)(7) requires the board to provide for disciplinary proceeding, including the sanction, rather than suspension or revocation, of an educator's certificate, as provided by Chapter 2001, Government Code. Also provides that board may delegate authority for disciplinary proceedings to one or more committees composed of fewer than all board members when considered appropriate by the board. Deletes a provision requiring that adopted rules provide for certification of persons performing appraisals under Subchapter H. Requires the board to adopt a fee, rather than proposing a rule adopting a fee, for the issuance and maintenance of an educator certificate that is adequate to cover the cost of administration of this subchapter. SECTION 7. Amends Section 21.044, Education Code, to require the board to adopt, rather than propose, rules establishing certain training requirements. SECTION 8. Amends Section 21.045(a) and (c)-(e), Education Code, to require the board to adopt rules, rather than propose, rules establishing standards to govern the approval and continuing accountability of certain educator preparation programs. Requires the board to adopt rules establishing performance standards for the Accountability System for Educator Preparation. Requires the executive director to appoint a person to administer and manage the operations of an educator preparation program if, after one year, the program has not met the performance standards, rather than fulfilled the recommendations of the oversight team, adopted under Subsection (c). Deletes a requirement providing that the educator preparation program meet accreditation standards adopted by the State Board of Education. SECTION 9. Amends Section 21.046, Education Code, to require the board to consider the knowledge, skills, and proficiencies for principals as developed by relevant national organizations and as adopted by the State Board for Educator Certification, rather than the State Board of Education. SECTION 10. Amends Section 21.048(a), Education Code, to require the board to adopt, rather than propose, rules prescribing comprehensive examinations for each class of certificate issued by the board. SECTION 11. Amends Section 21.049, Education Code, to require the board to adopt, rather than propose, rules providing for educator certification programs as an alternative to traditional educator preparation programs. SECTION 12. Amends Section 21.050(b), Education Code to authorize the board to adopt rules requiring additional credit hours for certification in certain areas, to include reading. SECTION 13. Amends Section 21.051, Education Code, to require the board to adopt, rather than propose, rules providing flexible options for persons for any field experience or internship required for certification. SECTION 14. Amends Section 21.054(a), Education Code, to require the board to adopt, rather than propose rules, establishing a process for identifying continuing education courses and programs that fulfill educator's continuing education requirements. SECTION 15. Amends Section 21.055, Education Code, by amending subsection (b), to include a requirement that persons seeking school district teaching permits have academic or work experience related to the subject or class that the person will teach. Adds subsection (c) and renumbers subsequent subsections (d) through (f). Subsection (c) provides that a career and technology teacher have work experience related to the subject or class. Amends renumbered subsection (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. Subsection (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. Subsection (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). Subsection (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. Subsection (j) provides that the commissioner will suspend the school district teaching permit of a person who violates Chapter 617, Government Code. SECTION 16. Amends Section 21.101, Education Code, to redefine "teacher." SECTION 17. Amends Section 21.201(1), Education Code, to redefine "teacher." SECTION 18. Amends Section 21.202, Education Code, as follows: Sec. 21.202. PROBATIONARY CONTRACT REQUIRED. Establishes the requirement for a probationary contract in Subsection (a). Subsection (b) provides that Subsection (a) does not apply to the employment of a superintendent. SECTION 19. Amends Section 21.351, Education Code, by adding Subsection (e), to require the commissioner to provide for the certification of persons performing appraisals under this section. SECTION 20. Amends Section 21.354, Education Code, by adding Subsection (f), to require the commissioner to provide for the certification of persons performing appraisals under this section. SECTION 21. Amends Section 29.902(b), Education Code, to require the State Board for Educator Certification to provide, rather than for the Texas Education Agency to establish standards, for the certification of persons conducting the programs in the public schools. SECTION 22. Provides that Sections 5.001(5), 21.101, and 21.201(1), Education Code, as amended by this Act, apply beginning with the 1997-1998 school year. SECTION 23. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE CSSB 1825 deletes original SECTION 14 related to the temporary suspension of teaching certificates. CSSB 1825 also amends original SECTION 6 of SB 1825 to allow for the board to delegate authority for disciplinary proceedings to one or more committees composed of fewer than all board members. Finally, CSSB 1825 adds SECTION 15 which amends Sec. 21.055 to provide for the certification of career and technology teachers by establishing requirements for work experience and adherence to the code of ethics adopted under Sec. 21.041(b)(8). Provides for sanctions as provided under Sec. 21.041(b)(7), revocation for cause, and suspension of school district teaching permit issued under the provisions of this section.