Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Maxey                                        H.B. No. 2803

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the State Board for Educator Certification.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 5.001(5), Education Code, is amended to

 1-5     read as follows:

 1-6                 (5)  "Educator" means a teacher, teacher intern,

 1-7     librarian, education aide, superintendent, principal, counselor, or

 1-8     other full-time professional employee [person] who is required to

 1-9     hold a certificate issued under Subchapter B, Chapter 21.

1-10           SECTION 2.  Section 7.055(a), Education Code, is amended to

1-11     read as follows:

1-12           (a)  The commissioner has the following powers and duties:

1-13                 (1)  The commissioner shall serve as the educational

1-14     leader of the state.

1-15                 (2)  The commissioner shall serve as executive officer

1-16     of the agency and as executive secretary of the board.

1-17                 (3)  The commissioner shall carry out the duties

1-18     imposed on the commissioner by the board or the legislature.

1-19                 (4)  The commissioner shall prescribe a uniform system

1-20     of forms, reports, and records necessary to fulfill the reporting

1-21     and recordkeeping requirements of this title.

1-22                 (5)  The commissioner may delegate ministerial and

1-23     executive functions to agency staff and may employ division heads

1-24     and any other employees and clerks to perform the duties of the

 2-1     agency.

 2-2                 (6)  The commissioner shall adopt an annual budget for

 2-3     operating the Foundation School Program as prescribed by Subsection

 2-4     (b).

 2-5                 (7)  The commissioner may issue vouchers for the

 2-6     expenditures of the agency and shall examine and must approve any

 2-7     account to be paid out of the school funds by the state treasurer

 2-8     before the comptroller may issue a warrant.

 2-9                 (8)  The commissioner shall file annually with the

2-10     governor and the Legislative Budget Board a complete and detailed

2-11     written report accounting for all funds received and disbursed by

2-12     the agency during the preceding fiscal year.

2-13                 (9)  The commissioner shall have a manual published at

2-14     least once every two years that contains Title 1 and this title,

2-15     any other provisions of this code relating specifically to public

2-16     primary or secondary education, and an appendix of all other state

2-17     laws relating to public primary or secondary education and shall

2-18     provide for the distribution of the manual as determined by the

2-19     board.

2-20                 (10)  The commissioner may visit different areas of

2-21     this state, address teachers' associations and educational

2-22     gatherings, instruct teachers, and promote all aspects of education

2-23     and may be reimbursed for necessary travel expenses incurred under

2-24     this subdivision to the extent authorized by the General

2-25     Appropriations Act.

2-26                 (11)  The commissioner may appoint advisory committees,

2-27     in accordance with Article 6252-33, Revised Statutes, as necessary

2-28     to advise the commissioner in carrying out the duties and mission

2-29     of the agency.

2-30                 (12)  The commissioner shall appoint an agency auditor.

 3-1                 (13)  The commissioner may provide for reductions in

 3-2     the number of agency employees.

 3-3                 (14)  The commissioner shall carry out duties relating

 3-4     to the investment capital fund under Section 7.024.

 3-5                 (15)  The commissioner shall review and act, if

 3-6     necessary, on applications for waivers under Section 7.056.

 3-7                 (16)  The commissioner shall carry out duties relating

 3-8     to regional education service centers as specified under Chapter 8.

 3-9                 (17)  The commissioner shall distribute funds to

3-10     open-enrollment charter schools as required under Subchapter D,

3-11     Chapter 12.

3-12                 (18)  The commissioner shall adopt a recommended

3-13     appraisal process and criteria on which to appraise the performance

3-14     of teachers, a recommended appraisal process and criteria on which

3-15     to appraise the performance of administrators, and a job

3-16     description and evaluation form for use in evaluating counselors,

3-17     as provided by Subchapter H, Chapter 21.  The commissioner shall

3-18     also provide for the certification of persons performing appraisals

3-19     under Subchapter H, Chapter 21.

3-20                 (19)  The commissioner shall coordinate and implement

3-21     teacher recruitment programs under Section 21.004.

3-22                 (20)  The commissioner shall perform duties in

3-23     connection with the certification and assignment of hearing

3-24     examiners as provided by Subchapter F, Chapter 21.

3-25                 (21)  The commissioner shall carry out duties under the

3-26     Texas Advanced Placement Incentive Program under Subchapter C,

3-27     Chapter 28.

3-28                 (22)  The commissioner may adopt rules for optional

3-29     extended year programs under Section 29.082.

3-30                 (23)  The commissioner shall monitor and evaluate

 4-1     prekindergarten programs and other child-care programs as required

 4-2     under Section 29.154.

 4-3                 (24)  The commissioner, with the approval of the board,

 4-4     shall develop and implement a plan for the coordination of services

 4-5     to children with disabilities as required under Section 30.001.

 4-6                 (25)  The commissioner shall develop a system to

 4-7     distribute to school districts or regional education service

 4-8     centers a special supplemental allowance for students with visual

 4-9     impairments as required under Section 30.002.

4-10                 (26)  The commissioner, with the assistance of the

4-11     comptroller, shall determine amounts to be distributed to the Texas

4-12     School for the Blind and Visually Impaired and the Texas School for

4-13     the Deaf as provided by Section 30.003 and to the Texas Youth

4-14     Commission as provided by Section 30.102.

4-15                 (27)  The commissioner shall establish a procedure for

4-16     resolution of disputes between a school district and the Texas

4-17     School for the Blind and Visually Impaired under Section 30.021.

4-18                 (28)  The commissioner shall perform duties relating to

4-19     the funding, adoption, and purchase of textbooks under Chapter 31.

4-20                 (29)  The commissioner may enter into contracts

4-21     concerning technology in the public school system as authorized

4-22     under Chapter 32.

4-23                 (30)  The commissioner shall adopt a recommended

4-24     contract form for the use, acquisition, or lease with option to

4-25     purchase of school buses under Section 34.009.

4-26                 (31)  The commissioner shall ensure that the cost of

4-27     using school buses for a purpose other than the transportation of

4-28     students to or from school is properly identified in the Public

4-29     Education Information Management System (PEIMS) under Section

4-30     34.010.

 5-1                 (32)  The commissioner shall perform duties in

 5-2     connection with the public school accountability system as

 5-3     prescribed by Chapter 39.

 5-4                 (33)  The commissioner shall develop and propose to the

 5-5     legislature an assessment system for students exempted from the

 5-6     generally applicable assessment program under Subchapter B, Chapter

 5-7     39.

 5-8                 (34)  The commissioner shall perform duties in

 5-9     connection with the equalized wealth level under Chapter 41.

5-10                 (35)  The commissioner shall perform duties in

5-11     connection with the Foundation School Program as prescribed by

5-12     Chapter 42.

5-13                 (36)  The commissioner shall establish advisory

5-14     guidelines relating to the fiscal management of a school district

5-15     and report annually to the board on the status of school district

5-16     fiscal management as required under Section 44.001.

5-17                 (37)  The commissioner shall review school district

5-18     audit reports as required under Section 44.008.

5-19                 (38)  The commissioner shall perform duties in

5-20     connection with the guaranteed bond program as prescribed by

5-21     Subchapter C, Chapter 45.

5-22                 (39)  The commissioner shall cooperate with the Texas

5-23     Higher Education Coordinating Board in connection with the Texas

5-24     partnership and scholarship program under Subchapter P, Chapter 61.

5-25                 (40)  The commissioner shall suspend the [certificate

5-26     of an educator or] school district teaching permit of a person

5-27     [teacher] who violates Chapter 617, Government Code.

5-28           SECTION 3.  Section 7.056(e), Education Code, is amended to

5-29     read as follows:

5-30           (e)  Except as provided by Subsection (f), a school campus or

 6-1     district may not receive an exemption or waiver under this section

 6-2     from:

 6-3                 (1)  a prohibition on conduct that constitutes a

 6-4     criminal offense;

 6-5                 (2)  a requirement imposed by federal law or rule,

 6-6     including a requirement for special education or bilingual

 6-7     education programs; or

 6-8                 (3)  a requirement, restriction, or prohibition

 6-9     relating to:

6-10                       (A)  essential knowledge or skills under Section

6-11     28.002 or minimum graduation requirements under Section 28.025;

6-12                       (B)  public school accountability as provided by

6-13     Subchapters B, C, D, and G, Chapter 39;

6-14                       (C)  extracurricular activities under Section

6-15     33.081;

6-16                       (D)  health and safety under Chapter 38;

6-17                       (E)  purchasing under Subchapter B, Chapter 44;

6-18                       (F)  elementary school class size limits, except

6-19     as provided by Section 25.112;

6-20                       (G)  removal of a disruptive student from the

6-21     classroom under Subchapter A, Chapter 37;

6-22                       (H)  at-risk programs under Subchapter C, Chapter

6-23     29;

6-24                       (I)  prekindergarten programs under Subchapter E,

6-25     Chapter 29;

6-26                       (J)  educator rights and benefits under

6-27     Subchapters A, B, C, D, E, F, G, H, and I, Chapter 21, or under

6-28     Subchapter A, Chapter 22;

6-29                       (K)  special education programs under Subchapter

6-30     A, Chapter 29; or

 7-1                       (L)  bilingual education programs under

 7-2     Subchapter B, Chapter 29.

 7-3           SECTION 4.  Section 21.002(a), Education Code, is amended to

 7-4     read as follows:

 7-5           (a)  A school district shall employ each educator, as defined

 7-6     in Section 5.001, or nurse [classroom teacher, principal,

 7-7     librarian, nurse, or counselor] under:

 7-8                 (1)  a probationary contract, as provided by Subchapter

 7-9     C;

7-10                 (2)  a continuing contract, as provided by Subchapter

7-11     D;   or

7-12                 (3)  a term contract, as provided by Subchapter E.

7-13           SECTION 5.  Section 21.002, Education Code, is amended by

7-14     adding subsection (d) to read as follows:

7-15           (d)  This section does not apply to a teacher who is not a

7-16     classroom teacher, as defined in Section 5.001.

7-17           SECTION 6.  Section 21.003(a), Education Code, is amended to

7-18     read as follows:

7-19           (a)  A person may not be employed as an educator, as defined

7-20     in Section 5.001, [a teacher, teacher intern or teacher trainee,

7-21     librarian, educational aide, administrator, or counselor by a

7-22     school district] unless the person holds an appropriate certificate

7-23     or school district teaching permit issued as provided by Subchapter

7-24     B.

7-25           SECTION 7.  Section 21.031(b), Education Code, is amended to

7-26     read as follows:  (b)  In adopting [proposing] rules under this

7-27     subchapter, the board shall ensure that all candidates for

7-28     certification or renewal of certification demonstrate the knowledge

7-29     and skills necessary to improve the performance of the diverse

7-30     student population of this state.

 8-1           SECTION 8.  Section 21.040, Education Code, is amended to

 8-2     read as follows:

 8-3           Sec. 21.040.  GENERAL POWERS AND DUTIES OF BOARD.  The board

 8-4     shall:

 8-5                 (1)  supervise the executive director's performance;

 8-6                 (2)  approve an operating budget for the board and make

 8-7     a request for appropriations;

 8-8                 (3)  appoint the members of any advisory committee to

 8-9     the board;

8-10                 (4)  for each class of educator certificate, appoint an

8-11     advisory committee composed primarily of members of that class to

8-12     recommend standards for that class to the board;

8-13                 (5)  provide to its members and employees, as often as

8-14     necessary, information regarding their qualifications for office or

8-15     employment under this chapter and their responsibilities under

8-16     applicable laws relating to standards of conduct for state officers

8-17     or employees;

8-18                 (6)  develop and implement policies that clearly define

8-19     the respective responsibilities of the board and the board's staff;

8-20                 (7)  file annually with the governor and the presiding

8-21     officer of each house of the legislature a complete and detailed

8-22     written report, in the form and within the time provided by the

8-23     General Appropriations Act, accounting for all funds received and

8-24     disbursed by the board during the preceding fiscal year; and

8-25                 (8)  execute interagency contracts to perform routine

8-26     administrative functions.

8-27           SECTION 9.  Sections 21.041(b) and (c), Education Code, are

8-28     amended to read as follows:

8-29           (b)  The board shall adopt [propose] rules that:

8-30                 (1)  provide for the regulation of educators and the

 9-1     general administration of this subchapter in a manner consistent

 9-2     with this subchapter;

 9-3                 (2)  specify the classes of educator certificates to be

 9-4     issued, including emergency certificates;

 9-5                 (3)  specify the period for which each class of

 9-6     educator certificate is valid;

 9-7                 (4)  specify the requirements for the issuance and

 9-8     renewal of an educator certificate;

 9-9                 (5)  provide for the issuance of an educator

9-10     certificate to a person who holds a similar certificate issued by

9-11     another state or foreign country, subject to Section 21.052;

9-12                 (6)  provide for special or restricted certification of

9-13     educators, including certification of instructors of American Sign

9-14     Language;

9-15                 (7)  provide for disciplinary proceedings, which may

9-16     include delegating certain authority the board deems appropriate,

9-17     including the sanction [suspension or revocation] of an educator

9-18     certificate and the administration of oaths, as provided by Chapter

9-19     2001, Government Code;

9-20                 (8)  provide for the adoption, amendment, and

9-21     enforcement of an educator's code of ethics; and

9-22                 (9)  provide for continuing education requirements[;

9-23     and]

9-24                 [(10)  provide for certification of persons performing

9-25     appraisals under Subchapter H].

9-26           (c)  The board shall adopt [propose a rule adopting] a fee

9-27     for the issuance and maintenance of an educator certificate that is

9-28     adequate to cover the cost of administration of this subchapter.

9-29           SECTION 10.  Section 21.041, Education Code, is amended by

9-30     adding subsection (d) to read as follows:

 10-1          (d)  The board shall suspend the certificate of an educator

 10-2    who violates Chapter 617, Government Code.

 10-3          SECTION 11.  Subchapter B, Chapter 21, Education Code, is

 10-4    amended by adding Section 21.0411 to read as follows:

 10-5          Sec. 21.0411.  Temporary Suspension of an Educator

 10-6    Certificate.  (a)  The board shall adopt rules that temporarily

 10-7    suspend an educator's existing certificate(s) or stay consideration

 10-8    of a person's application for a certificate(s) effective upon

 10-9    notification of a conviction of a crime that directly relates to

10-10    the duties and responsibilities of the education profession,

10-11    including the following types of offenses:

10-12                (1)  offenses involving a minor, student, parent of a

10-13    student, fellow employee, or professional colleague, including

10-14    sexual or physical abuse; and

10-15                (2)  offenses of controlled-substances laws under

10-16    Chapter 481, Health and Safety Code, or other applicable statute.

10-17          (b)  Temporary suspension or stay under this section is not

10-18    subject to Chapter 2001, Government Code or Articles 6252-13c and

10-19    6252-13d, Revised Civil Statutes; however, the board's rules shall

10-20    provide the educator or applicant an opportunity to be heard no

10-21    later than 30 days from the effective date of the temporary

10-22    suspension or stay.

10-23          (c)  A temporary suspension or stay under this subsection

10-24    shall continue until the board or its designee has made a final

10-25    disposition, under proceedings adopted pursuant to section

10-26    21.041(7), regarding an educator's certificate(s) or a person's

10-27    certificate(s) application.  In no case, however, may a suspension

10-28    or stay under this section extend beyond the first anniversary of

10-29    its effective date unless the board or its designee extends such

10-30    suspension or stay for good cause shown.

 11-1          (d)  In this section, a person is considered to have been

 11-2    convicted if a court of competent jurisdiction in this state,

 11-3    another state, the United States, or another county:

 11-4                (1)  imposes a sentence;

 11-5                (2)  orders community supervision or deferred

 11-6    adjudication; or

 11-7                (3)  defers final disposition of the case.

 11-8          SECTION 12.  Subchapter B, Chapter 21, Education Code, is

 11-9    amended by deleting Section 21.042 as follows:

11-10          [Sec. 21.042.  APPROVAL OF RULES.  The State Board for

11-11    Educator Certification must submit a written copy of each rule it

11-12    proposes to adopt to the State Board of Education for review.  The

11-13    State Board of Education may reject a proposed rule by a vote of at

11-14    least two-thirds of the members of the board present and voting.

11-15    If the State Board of Education fails to reject a proposal before

11-16    the 90th day after the date on which it receives the proposal, the

11-17    proposal takes effect as a rule of the State Board for Educator

11-18    Certification as provided by Chapter 2001, Government Code.  The

11-19    State Board of Education may not modify a rule proposed by the

11-20    State Board for Educator Certification.]

11-21          SECTION 13.  Section 21.044, Education Code, is amended to

11-22    read as follows:

11-23          Sec. 21.044.  Educator Preparation.  The board shall adopt

11-24    [propose] rules establishing the training requirements a person

11-25    must accomplish to obtain a certificate, enter an internship, or

11-26    enter an induction-year program.  The board shall specify the

11-27    minimum academic qualifications required for a certificate.

11-28          SECTION 14.  Sections 21.045(a), (c), (d) and (e), Education

11-29    Code, is amended to read as follows:

11-30          (a)  The board shall adopt [propose] rules establishing

 12-1    standards to govern the approval and continuing accountability of

 12-2    all educator preparation programs based on information that is

 12-3    disaggregated with respect to sex and ethnicity and that includes:

 12-4                (1)  results of the certification examinations

 12-5    prescribed under Section 21.048(a); and

 12-6                (2)  performance based on the appraisal system for

 12-7    beginning teachers adopted by the board.

 12-8          (c)  The board shall adopt [propose] rules establishing

 12-9    performance standards for the Accountability System for Educator

12-10    Preparation for accrediting educator preparation programs.  At a

12-11    minimum, performance standards must be based on Subsection (a).

12-12    The board shall propose rules for the sanction of educator

12-13    preparation programs and shall annually review the accreditation

12-14    status of each educator preparation program.

12-15          (d)  The executive director of the board shall appoint an

12-16    oversight team of educators to make recommendations and provide

12-17    assistance to educator preparation programs that do not meet

12-18    accreditation standards.  If, after one year, an educator

12-19    preparation program has not met the performance standards adopted

12-20    under subsection (c) of this section [fulfilled the recommendations

12-21    of the oversight team], the executive director shall appoint a

12-22    person to administer and manage the operations of the program.  If

12-23    the program does not improve after two years, the board shall

12-24    revoke the approval of the program to prepare educators for state

12-25    certification.

12-26          (e)  Not later than September 1, 1998, an educator

12-27    preparation program must meet the accreditation standards adopted

12-28    [proposed] by the board [and adopted by the State Board of

12-29    Education].  This subsection expires January 1, 1999.

12-30          SECTION 15.  Section 21.046(d), Education Code, is amended to

 13-1    read as follows:

 13-2          (d)  In creating the qualifications for certification as a

 13-3    principal, the board shall consider the knowledge, skills, and

 13-4    proficiencies for principals as developed by relevant national

 13-5    organizations and as adopted by the State Board for Educator

 13-6    Certification [of Education].

 13-7          SECTION 16.  Section 21.048(a), Education Code, is amended to

 13-8    read as follows:

 13-9          (a)  The board shall adopt [propose] rules prescribing

13-10    comprehensive examinations for each class of certificate issued by

13-11    the board.

13-12          SECTION 17.  Section 21.049, Education Code, is amended to

13-13    read as follows:

13-14          Sec. 21.049.  Alternative Certification.  To provide a

13-15    continuing additional source of qualified educators, the board

13-16    shall adopt [propose] rules providing for educator certification

13-17    programs as an alternative to traditional educator preparation

13-18    programs.  The rules may not provide that a person may be certified

13-19    under this section only if there is a demonstrated shortage of

13-20    educators in a school district or subject area.

13-21          SECTION 18.  Section 21.050(b), Education Code, is amended to

13-22    read as follows:

13-23          (b)  [The board may not require more than 18 semester credit

13-24    hours of education courses at the baccalaureate level for the

13-25    granting of a teaching certificate.]  The board shall provide for a

13-26    minimum number of semester credit hours of internship to be

13-27    included in the hours needed for certification.  [The board may

13-28    propose rules requiring additional credit hours for certification

13-29    in bilingual education, English as a second language, early

13-30    childhood education, or special education.]

 14-1          SECTION 19.  Section 21.051, Education Code, is amended to

 14-2    read as follows:

 14-3          Sec. 21.051.  OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.

 14-4    The board shall adopt [propose] rules providing flexible options

 14-5    for persons for any field experience or internship required for

 14-6    certification.

 14-7          SECTION 20.  Section 21.054(a), Education Code, is amended to

 14-8    read as follows:

 14-9          (a)  The board shall adopt [propose] rules establishing a

14-10    process for identifying continuing education courses and programs

14-11    that fulfill educators' continuing education requirements.

14-12          SECTION 21.  Section 21.101, Education Code, is amended to

14-13    read as follows:

14-14          Sec. 21.101.  DEFINITION.  In this subchapter, "teacher"

14-15    means an educator, as defined in Section 5.001, [a principal,

14-16    supervisor, classroom teacher, counselor, or other full time

14-17    professional employee who is required to hold a certificate issued

14-18    under Subchapter B] or a nurse.  The term does not include a

14-19    teacher who is not a classroom teacher, as defined in Section

14-20    5.001, a superintendent, or a person who is not entitled to a

14-21    probationary, continuing, or term contract under Section 21.002, an

14-22    existing contract, or district policy.

14-23          SECTION 22.  Section 21.201(1), Education Code, is amended to

14-24    read as follows:

14-25                (1)  "Teacher" means an educator as defined in Section

14-26    5.001 [a superintendent, principal, supervisor, classroom teacher,

14-27    counselor, or other full-time professional employee who is required

14-28    to hold a certificate issued under Subchapter B] or a nurse.  The

14-29    term does not include a  teacher who is not a classroom teacher, as

14-30    defined in Section 5.001, or a person who is not entitled to a

 15-1    probationary, continuing, or term contract under Section 21.002, an

 15-2    existing contract, or district policy.

 15-3          SECTION 23.  Section 21.202, Education Code, is amended to

 15-4    read as follows:

 15-5          Sec. 21.202.  PROBATIONARY CONTRACT REQUIRED.  Before a

 15-6    teacher may be employed under a term contract, the teacher must be

 15-7    employed under a probationary contract for the period provided by

 15-8    Subchapter C.  This requirement does not apply to a teacher who is

 15-9    not a classroom teacher, as defined in Section 5.001, or a

15-10    superintendent.

15-11          SECTION 24.  Section 21.351, Education Code, is amended by

15-12    adding subsection (e) to read as follows:

15-13          (e)  The commissioner shall provide for the certification of

15-14    persons performing appraisals under this section.

15-15          SECTION 25.  Section 21.354, Education Code, is amended by

15-16    adding subsection (f) to read as follows:

15-17          (f)  The commissioner shall provide for the certification of

15-18    persons performing appraisals under this section.

15-19          SECTION 26.  Section 29.902(b), Education Code, is amended to

15-20    read as follows:

15-21          (b)  The State Board for Educator Certification [agency]

15-22    shall provide [establish standards] for the certification of

15-23    professional and paraprofessional personnel who conduct the

15-24    programs in the public schools.

15-25          SECTION 27.  The importance of this legislation and the

15-26    crowded condition of the calendars in both houses create an

15-27    emergency and an imperative public necessity that the

15-28    constitutional rule requiring bills to be read on three several

15-29    days in each house be suspended, and this rule is hereby suspended,

15-30    and that this Act take effect and be in force from and after its

 16-1    passage, and it is so enacted.