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.