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.