By:  Shapleigh                                        S.B. No. 1825

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the State Board for Educator Certification and to

 1-2     certain professional employees of public schools.

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

 1-4           SECTION 1.  Subdivision (5), Section 5.001, Education Code,

 1-5     is amended to read as follows:

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

 1-7     librarian, educational aide, superintendent, principal, counselor,

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

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

1-10           SECTION 2.  Section 7.055, Education Code, is amended to read

1-11     as follows:

1-12           Sec. 7.055.  COMMISSIONER OF EDUCATION POWERS AND DUTIES.

1-13     (a)  The commissioner has the [following] powers and duties

1-14     provided by Subsection (b).[:]

1-15           (b)(1)  The commissioner shall serve as the educational

1-16     leader of the state.

1-17                 (2)  The commissioner shall serve as executive officer

1-18     of the agency and as executive secretary of the board.

1-19                 (3)  The commissioner shall carry out the duties

1-20     imposed on the commissioner by the board or the legislature.

1-21                 (4)  The commissioner shall prescribe a uniform system

1-22     of forms, reports, and records necessary to fulfill the reporting

1-23     and recordkeeping requirements of this title.

 2-1                 (5)  The commissioner may delegate ministerial and

 2-2     executive functions to agency staff and may employ division heads

 2-3     and any other employees and clerks to perform the duties of the

 2-4     agency.

 2-5                 (6)  The commissioner shall adopt an annual budget for

 2-6     operating the Foundation School Program as prescribed by Subsection

 2-7     (c) [(b)].

 2-8                 (7)  The commissioner may issue vouchers for the

 2-9     expenditures of the agency and shall examine and must approve any

2-10     account to be paid out of the school funds by the state treasurer

2-11     before the comptroller may issue a warrant.

2-12                 (8)  The commissioner shall file annually with the

2-13     governor and the Legislative Budget Board a complete and detailed

2-14     written report accounting for all funds received and disbursed by

2-15     the agency during the preceding fiscal year.

2-16                 (9)  The commissioner shall have a manual published at

2-17     least once every two years that contains Title 1 and this title,

2-18     any other provisions of this code relating specifically to public

2-19     primary or secondary education, and an appendix of all other state

2-20     laws relating to public primary or secondary education and shall

2-21     provide for the distribution of the manual as determined by the

2-22     board.

2-23                 (10)  The commissioner may visit different areas of

2-24     this state, address teachers' associations and educational

2-25     gatherings, instruct teachers, and promote all aspects of education

 3-1     and may be reimbursed for necessary travel expenses incurred under

 3-2     this subdivision to the extent authorized by the General

 3-3     Appropriations Act.

 3-4                 (11)  The commissioner may appoint advisory committees,

 3-5     in accordance with Article 6252-33, Revised Statutes, as necessary

 3-6     to advise the commissioner in carrying out the duties and mission

 3-7     of the agency.

 3-8                 (12)  The commissioner shall appoint an agency auditor.

 3-9                 (13)  The commissioner may provide for reductions in

3-10     the number of agency employees.

3-11                 (14)  The commissioner shall carry out duties relating

3-12     to the investment capital fund under Section 7.024.

3-13                 (15)  The commissioner shall review and act, if

3-14     necessary, on applications for waivers under Section 7.056.

3-15                 (16)  The commissioner shall carry out duties relating

3-16     to regional education service centers as specified under Chapter 8.

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

3-18     open-enrollment charter schools as required under Subchapter D,

3-19     Chapter 12.

3-20                 (18)  The commissioner shall adopt a recommended

3-21     appraisal process and criteria on which to appraise the performance

3-22     of teachers, a recommended appraisal process and criteria on which

3-23     to appraise the performance of administrators, and a job

3-24     description and evaluation form for use in evaluating counselors,

3-25     as provided by Subchapter H, Chapter 21, and shall provide for the

 4-1     certification of persons performing teacher or administrator

 4-2     appraisals under that subchapter.

 4-3                 (19)  The commissioner shall coordinate and implement

 4-4     teacher recruitment programs under Section 21.004.

 4-5                 (20)  The commissioner shall perform duties in

 4-6     connection with the certification and assignment of hearing

 4-7     examiners as provided by Subchapter F, Chapter 21.

 4-8                 (21)  The commissioner shall carry out duties under the

 4-9     Texas Advanced Placement Incentive Program under Subchapter C,

4-10     Chapter 28.

4-11                 (22)  The commissioner may adopt rules for optional

4-12     extended year programs under Section 29.082.

4-13                 (23)  The commissioner shall monitor and evaluate

4-14     prekindergarten programs and other child-care programs as required

4-15     under Section 29.154.

4-16                 (24)  The commissioner, with the approval of the board,

4-17     shall develop and implement a plan for the coordination of services

4-18     to children with disabilities as required under Section 30.001.

4-19                 (25)  The commissioner shall develop a system to

4-20     distribute to school districts or regional education service

4-21     centers a special supplemental allowance for students with visual

4-22     impairments as required under Section 30.002.

4-23                 (26)  The commissioner, with the assistance of the

4-24     comptroller, shall determine amounts to be distributed to the Texas

4-25     School for the Blind and Visually Impaired and the Texas School for

 5-1     the Deaf as provided by Section 30.003 and to the Texas Youth

 5-2     Commission as provided by Section 30.102.

 5-3                 (27)  The commissioner shall establish a procedure for

 5-4     resolution of disputes between a school district and the Texas

 5-5     School for the Blind and Visually Impaired under Section 30.021.

 5-6                 (28)  The commissioner shall perform duties relating to

 5-7     the funding, adoption, and purchase of textbooks under Chapter 31.

 5-8                 (29)  The commissioner may enter into contracts

 5-9     concerning technology in the public school system as authorized

5-10     under Chapter 32.

5-11                 (30)  The commissioner shall adopt a recommended

5-12     contract form for the use, acquisition, or lease with option to

5-13     purchase of school buses under Section 34.009.

5-14                 (31)  The commissioner shall ensure that the cost of

5-15     using school buses for a purpose other than the transportation of

5-16     students to or from school is properly identified in the Public

5-17     Education Information Management System (PEIMS) under Section

5-18     34.010.

5-19                 (32)  The commissioner shall perform duties in

5-20     connection with the public school accountability system as

5-21     prescribed by Chapter 39.

5-22                 (33)  The commissioner shall develop and propose to the

5-23     legislature an assessment system for students exempted from the

5-24     generally applicable assessment program under Subchapter B, Chapter

5-25     39.

 6-1                 (34)  The commissioner shall perform duties in

 6-2     connection with the equalized wealth level under Chapter 41.

 6-3                 (35)  The commissioner shall perform duties in

 6-4     connection with the Foundation School Program as prescribed by

 6-5     Chapter 42.

 6-6                 (36)  The commissioner shall establish advisory

 6-7     guidelines relating to the fiscal management of a school district

 6-8     and report annually to the board on the status of school district

 6-9     fiscal management as required under Section 44.001.

6-10                 (37)  The commissioner shall review school district

6-11     audit reports as required under Section 44.008.

6-12                 (38)  The commissioner shall perform duties in

6-13     connection with the guaranteed bond program as prescribed by

6-14     Subchapter C, Chapter 45.

6-15                 (39)  The commissioner shall cooperate with the Texas

6-16     Higher Education Coordinating Board in connection with the Texas

6-17     partnership and scholarship program under Subchapter P, Chapter 61.

6-18                 (40)  The commissioner shall suspend the school

6-19     district teaching [certificate of an educator or] permit of a

6-20     person [teacher] who violates Chapter 617, Government Code.

6-21           (c) [(b)]  The budget the commissioner adopts under

6-22     Subsection (b) [(a)] for operating the Foundation School Program

6-23     must be in accordance with legislative appropriations and provide

6-24     funds for the administration and operation of the agency and any

6-25     other necessary expense.  The budget must designate any expense of

 7-1     operating the agency or operating a program for which the board has

 7-2     responsibility that is paid from the Foundation School Program.

 7-3     The budget must designate program expenses that may be paid out of

 7-4     the foundation school fund, other state funds, fees, federal funds,

 7-5     or funds earned under interagency contract.  Before adopting the

 7-6     budget, the commissioner must submit the budget to the board for

 7-7     review and, after receiving any comments of the board, present the

 7-8     operating budget to the governor and the Legislative Budget Board.

 7-9     The commissioner shall provide appropriate information on proposed

7-10     budget expenditures to the comptroller to assure that all payments

7-11     are paid from the appropriate funds in a timely and efficient

7-12     manner.

7-13           SECTION 3.  Subsection (a), Section 21.003, Education Code,

7-14     is amended to read as follows:

7-15           (a)  A person may not be employed as an educator [a teacher,

7-16     teacher intern or teacher trainee, librarian, educational aide,

7-17     administrator, or counselor] by a school district unless the person

7-18     holds an appropriate certificate or school district teaching permit

7-19     issued as provided by Subchapter B.

7-20           SECTION 4.  Subsection (b), Section 21.031, Education Code,

7-21     is amended to read as follows:

7-22           (b)  In adopting [proposing] rules under this subchapter, the

7-23     board shall ensure that all candidates for certification or renewal

7-24     of certification demonstrate the knowledge and skills necessary to

7-25     improve the performance of the diverse student population of this

 8-1     state.

 8-2           SECTION 5.  Section 21.040, Education Code, is amended to

 8-3     read as follows:

 8-4           Sec. 21.040.  GENERAL POWERS AND DUTIES OF BOARD.  The board

 8-5     shall:

 8-6                 (1)  supervise the executive director's performance;

 8-7                 (2)  approve an operating budget for the board and make

 8-8     a request for appropriations;

 8-9                 (3)  appoint the members of any advisory committee to

8-10     the board;

8-11                 (4)  for each class of educator certificate, appoint an

8-12     advisory committee composed primarily of members of that class to

8-13     recommend standards for that class to the board;

8-14                 (5)  provide to its members and employees, as often as

8-15     necessary, information regarding their qualifications for office or

8-16     employment under this subchapter [chapter] and their

8-17     responsibilities under applicable laws relating to standards of

8-18     conduct for state officers or employees;

8-19                 (6)  develop and implement policies that clearly define

8-20     the respective responsibilities of the board and the board's staff;

8-21                 (7)  file annually with the governor and the presiding

8-22     officer of each house of the legislature a complete and detailed

8-23     written report, in the form and within the time provided by the

8-24     General Appropriations Act, accounting for all funds received and

8-25     disbursed by the board during the preceding fiscal year; [and]

 9-1                 (8)  execute [interagency] contracts relating to or

 9-2     accept grants for the administration of this subchapter; and

 9-3                 (9)  suspend the certificate of an educator who

 9-4     violates Chapter 617, Government Code [perform routine

 9-5     administrative functions].

 9-6           SECTION 6.  Subsections (b) and (c), Section 21.041,

 9-7     Education Code, are amended to read as follows:

 9-8           (b)  The board shall adopt [propose] rules that:

 9-9                 (1)  provide for the regulation of educators and the

9-10     general administration of this subchapter in a manner consistent

9-11     with this subchapter;

9-12                 (2)  specify the classes of educator certificates to be

9-13     issued, including emergency certificates;

9-14                 (3)  specify the period for which each class of

9-15     educator certificate is valid;

9-16                 (4)  specify the requirements for the issuance and

9-17     renewal of an educator certificate;

9-18                 (5)  provide for the issuance of an educator

9-19     certificate to a person who holds a similar certificate issued by

9-20     another state or foreign country, subject to Section 21.052;

9-21                 (6)  provide for special or restricted certification of

9-22     educators, including certification of instructors of American Sign

9-23     Language;

9-24                 (7)  provide for disciplinary proceedings, including

9-25     the sanction [suspension or revocation] of an educator certificate,

 10-1    as provided by Chapter 2001, Government Code, which may include a

 10-2    delegation of authority as considered appropriate by the board;

 10-3                (8)  provide for the adoption, amendment, and

 10-4    enforcement of an educator's code of ethics; and

 10-5                (9)  provide for continuing education requirements[;

 10-6    and]

 10-7                [(10)  provide for certification of persons performing

 10-8    appraisals under Subchapter H].

 10-9          (c)  The board shall adopt [propose a rule adopting] a fee

10-10    for the issuance and maintenance of an educator certificate that is

10-11    adequate to cover the cost of administration of this subchapter.

10-12          SECTION 7.  Section 21.044, Education Code, is amended to

10-13    read as follows:

10-14          Sec. 21.044.  EDUCATOR PREPARATION.  The board shall adopt

10-15    [propose] rules establishing the training requirements a person

10-16    must accomplish to obtain a certificate, enter an internship, or

10-17    enter an induction-year program.  The board shall specify the

10-18    minimum academic qualifications required for a certificate.

10-19          SECTION 8.  Subsections (a), (c), (d), and (e), Section

10-20    21.045, Education Code, are amended to read as follows:

10-21          (a)  The board shall adopt [propose] rules establishing

10-22    standards to govern the approval and continuing accountability of

10-23    all educator preparation programs based on information that is

10-24    disaggregated with respect to sex and ethnicity and that includes:

10-25                (1)  results of the certification examinations

 11-1    prescribed under Section 21.048(a); and

 11-2                (2)  performance based on the appraisal system for

 11-3    beginning teachers adopted by the board.

 11-4          (c)  The board shall adopt [propose] rules establishing

 11-5    performance standards for the Accountability System for Educator

 11-6    Preparation for accrediting educator preparation programs.  At a

 11-7    minimum, performance standards must be based on Subsection (a).

 11-8    The board shall adopt [propose] rules for the sanction of educator

 11-9    preparation programs and shall annually review the accreditation

11-10    status of each educator preparation program.

11-11          (d)  The executive director of the board shall appoint an

11-12    oversight team of educators to make recommendations and provide

11-13    assistance to educator preparation programs that do not meet

11-14    accreditation standards.  If, after one year, an educator

11-15    preparation program has not met the performance standards adopted

11-16    under Subsection (c) [fulfilled the recommendations of the

11-17    oversight team], the executive director shall appoint a person to

11-18    administer and manage the operations of the program.  If the

11-19    program does not improve after two years, the board shall revoke

11-20    the approval of the program to prepare educators for state

11-21    certification.

11-22          (e)  Not later than September 1, 1998, an educator

11-23    preparation program must meet the accreditation standards adopted

11-24    [proposed] by the board [and adopted by the State Board of

11-25    Education].  This subsection expires January 1, 1999.

 12-1          SECTION 9.  Subsection (d), Section 21.046, Education Code,

 12-2    is amended to read as follows:

 12-3          (d)  In creating the qualifications for certification as a

 12-4    principal, the board shall consider the knowledge, skills, and

 12-5    proficiencies for principals as developed by relevant national

 12-6    organizations and as adopted by the board [State Board of

 12-7    Education].

 12-8          SECTION 10.  Subsection (a), Section 21.048, Education Code,

 12-9    is amended to read as follows:

12-10          (a)  The board shall adopt [propose] rules prescribing

12-11    comprehensive examinations for each class of certificate issued by

12-12    the board.

12-13          SECTION 11.  Section 21.049, Education Code, is amended to

12-14    read as follows:

12-15          Sec. 21.049.  ALTERNATIVE CERTIFICATION.  To provide a

12-16    continuing additional source of qualified educators, the board

12-17    shall adopt [propose] rules providing for educator certification

12-18    programs as an alternative to traditional educator preparation

12-19    programs.  The rules may not provide that a person may be certified

12-20    under this section only if there is a demonstrated shortage of

12-21    educators in a school district or subject area.

12-22          SECTION 12.  Subsection (b), Section 21.050, Education Code,

12-23    is amended to read as follows:

12-24          (b)  The board may not require more than 18 semester credit

12-25    hours of education courses at the baccalaureate level for the

 13-1    granting of a teaching certificate.  The board shall provide for a

 13-2    minimum number of semester credit hours of internship to be

 13-3    included in the hours needed for certification.  The board may

 13-4    adopt [propose] rules requiring additional credit hours for

 13-5    certification in reading, bilingual education, English as a second

 13-6    language, early childhood education, or special education.

 13-7          SECTION 13.  Section 21.051, Education Code, is amended to

 13-8    read as follows:

 13-9          Sec. 21.051.  OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.

13-10    The board shall adopt [propose] rules providing flexible options

13-11    for persons for any field experience or internship required for

13-12    certification.

13-13          SECTION 14.  Subchapter B, Chapter 21, Education Code, is

13-14    amended by adding Section 21.0521 to read as follows:

13-15          Sec. 21.0521.  TEMPORARY SUSPENSION OF EDUCATOR CERTIFICATE.

13-16    (a)  The state has the obligation to ensure that state-certified

13-17    educators are fit to work closely with students and public school

13-18    employees and to protect students and public school employees from

13-19    educators who have been convicted of such serious offenses that

13-20    they pose a threat to the safety of the public school environment.

13-21    The board shall limit the application of rules adopted under this

13-22    section to individuals convicted of offenses that constitute a

13-23    continuing and imminent threat to the safety of the public school

13-24    environment.

13-25          (b)  The board shall adopt rules for the temporary suspension

 14-1    of an educator's certificate if the board receives notification

 14-2    that the person who holds the certificate has been convicted of an

 14-3    offense that:

 14-4                (1)  is punishable as a Class A misdemeanor or a

 14-5    felony;

 14-6                (2)  directly relates to the safety and well-being of

 14-7    children or school district employees;

 14-8                (3)  involves a minor, student, or school district

 14-9    employee; and

14-10                (4)  involves:

14-11                      (A)  murder or criminal solicitation to commit

14-12    murder;

14-13                      (B)  criminal sexual conduct or criminal

14-14    solicitation involving criminal sexual conduct;

14-15                      (C)  assault;

14-16                      (D)  kidnapping;

14-17                      (E)  false imprisonment;

14-18                      (F)  arson resulting in injury or death;

14-19                      (G)  stalking;

14-20                      (H)  deadly conduct or reckless endangerment;

14-21                      (I)  robbery resulting in injury or death;

14-22                      (J)  burglary of a habitation in conjunction with

14-23    another felony other than felony theft; or

14-24                      (K)  marihuana or a controlled substance as

14-25    defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

 15-1    Section 801 et seq. or a dangerous drug as defined by Chapter 483,

 15-2    Health and Safety Code, if less than two years have elapsed since

 15-3    the date of the conviction.

 15-4          (c)  A temporary suspension under this section is not subject

 15-5    to Chapter 2001, Government Code; Article 6252-13c, Revised

 15-6    Statutes; or Sections 2-5, Chapter 267, Acts of the 67th

 15-7    Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's

 15-8    Texas Civil Statutes).  Not later than the first business day after

 15-9    the date the board temporarily suspends an educator's certificate,

15-10    the board shall notify the educator and the school district that

15-11    employs the educator.  The board's rules must provide an educator

15-12    the opportunity for a hearing not later than the 30th day after the

15-13    effective date of a temporary suspension.  Not later than the 14th

15-14    day after the date of the hearing, the board shall notify the

15-15    educator and the employing school district of the board's

15-16    determination.

15-17          (d)  A temporary suspension under this section continues

15-18    until the board or the board's designee has made a final

15-19    disposition in connection with the person's certificate under a

15-20    proceeding held in compliance with rules adopted under Section

15-21    21.041(b)(7).  A temporary suspension may not extend beyond the

15-22    first anniversary of the effective date of the suspension.

15-23          (e)  For purposes of this section, a person is considered to

15-24    have been convicted of an offense if a court of competent

15-25    jurisdiction in this state, another state, the United States, or

 16-1    another country:

 16-2                (1)  imposes a sentence;

 16-3                (2)  orders community supervision or deferred

 16-4    adjudication; or

 16-5                (3)  defers final disposition of the case.

 16-6          (f)  An educator's certificate is subject to temporary

 16-7    suspension under this section for a conviction in another

 16-8    jurisdiction if the offense for which the educator was convicted

 16-9    contains the elements of an offense under the laws of this state

16-10    that the board has identified as meeting the requirements of

16-11    Subsection (b).

16-12          SECTION 15.  Subsection (a), Section 21.054, Education Code,

16-13    is amended to read as follows:

16-14          (a)  The board shall adopt [propose] rules establishing a

16-15    process for identifying continuing education courses and programs

16-16    that fulfill educators' continuing education requirements.

16-17          SECTION 16.  Section 21.055, Education Code, is amended by

16-18    adding Subsection (f) to read as follows:

16-19          (f)  The commissioner shall suspend the school district

16-20    teaching permit of a person who violates Chapter 617, Government

16-21    Code.

16-22          SECTION 17.  Section 21.101, Education Code, is amended to

16-23    read as follows:

16-24          Sec. 21.101.  DEFINITION.  In this subchapter, "teacher"

16-25    means a principal, [supervisor,] classroom teacher, librarian,

 17-1    counselor, or other full-time professional employee who is required

 17-2    to hold a certificate issued under Subchapter B or a nurse.  The

 17-3    term does not include a superintendent or a person who is not

 17-4    entitled to a probationary, continuing, or term contract under

 17-5    Section 21.002, an existing contract, or district policy.

 17-6          SECTION 18.  Subdivision (1), Section 21.201, Education Code,

 17-7    is amended to read as follows:

 17-8                (1)  "Teacher" means a superintendent, principal,

 17-9    [supervisor,] classroom teacher, librarian, counselor, or other

17-10    full-time professional employee who is required to hold a

17-11    certificate issued under Subchapter B or a nurse.  The term does

17-12    not include a person who is not entitled to a probationary,

17-13    continuing, or term contract under Section 21.002, an existing

17-14    contract, or district policy.

17-15          SECTION 19.  Section 21.202, Education Code, is amended to

17-16    read as follows:

17-17          Sec. 21.202.  PROBATIONARY CONTRACT REQUIRED.  (a)  Before a

17-18    teacher may be employed under a term contract, the teacher must be

17-19    employed under a probationary contract for the period provided by

17-20    Subchapter C.

17-21          (b)  Subsection (a) does not apply to the employment of a

17-22    superintendent.

17-23          SECTION 20.  Section 21.351, Education Code, is amended by

17-24    adding Subsection (e) to read as follows:

17-25          (e)  The commissioner shall provide for the certification of

 18-1    persons performing appraisals under this section.

 18-2          SECTION 21.  Section 21.354, Education Code, is amended by

 18-3    adding Subsection (f) to read as follows:

 18-4          (f)  The commissioner shall provide for the certification of

 18-5    persons performing appraisals under this section.

 18-6          SECTION 22.  Subsection (b), Section 29.902, Education Code,

 18-7    is amended to read as follows:

 18-8          (b)  The State Board for Educator Certification [agency]

 18-9    shall provide [establish standards] for the certification of

18-10    professional and paraprofessional personnel who conduct the

18-11    programs in the public schools.

18-12          SECTION 23.  Subdivision (5), Section 5.001, Section 21.101,

18-13    and Subdivision (1), Section 21.201, Education Code, as amended by

18-14    this Act, apply beginning with the 1997-1998 school year.

18-15          SECTION 24.  The importance of this legislation and the

18-16    crowded condition of the calendars in both houses create an

18-17    emergency and an imperative public necessity that the

18-18    constitutional rule requiring bills to be read on three several

18-19    days in each house be suspended, and this rule is hereby suspended,

18-20    and that this Act take effect and be in force from and after its

18-21    passage, and it is so enacted.