75R15567 ESH-F
By Shapleigh S.B. No. 1825
Substitute the following for S.B. No. 1825:
By Hernandez C.S.S.B. No. 1825
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the State Board for Educator Certification and to
1-3 certain professional employees of public schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.001(5), Education Code, is amended to
1-6 read as follows:
1-7 (5) "Educator" means a teacher, teacher intern,
1-8 librarian, educational aide, superintendent, principal, counselor,
1-9 or other full-time professional employee [person] who is required
1-10 to hold a certificate issued under Subchapter B, Chapter 21.
1-11 SECTION 2. Section 7.055, Education Code, is amended to read
1-12 as follows:
1-13 Sec. 7.055. COMMISSIONER OF EDUCATION POWERS AND DUTIES.
1-14 (a) The commissioner has the [following] powers and duties
1-15 provided by Subsection (b).[:]
1-16 (b)(1) The commissioner shall serve as the educational
1-17 leader of the state.
1-18 (2) The commissioner shall serve as executive officer
1-19 of the agency and as executive secretary of the board.
1-20 (3) The commissioner shall carry out the duties
1-21 imposed on the commissioner by the board or the legislature.
1-22 (4) The commissioner shall prescribe a uniform system
1-23 of forms, reports, and records necessary to fulfill the reporting
1-24 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
2-26 and may be reimbursed for necessary travel expenses incurred under
2-27 this subdivision to the extent authorized by the General
3-1 Appropriations Act.
3-2 (11) The commissioner may appoint advisory committees,
3-3 in accordance with Article 6252-33, Revised Statutes, as necessary
3-4 to advise the commissioner in carrying out the duties and mission
3-5 of the agency.
3-6 (12) The commissioner shall appoint an agency auditor.
3-7 (13) The commissioner may provide for reductions in
3-8 the number of agency employees.
3-9 (14) The commissioner shall carry out duties relating
3-10 to the investment capital fund under Section 7.024.
3-11 (15) The commissioner shall review and act, if
3-12 necessary, on applications for waivers under Section 7.056.
3-13 (16) The commissioner shall carry out duties relating
3-14 to regional education service centers as specified under Chapter 8.
3-15 (17) The commissioner shall distribute funds to
3-16 open-enrollment charter schools as required under Subchapter D,
3-17 Chapter 12.
3-18 (18) The commissioner shall adopt a recommended
3-19 appraisal process and criteria on which to appraise the performance
3-20 of teachers, a recommended appraisal process and criteria on which
3-21 to appraise the performance of administrators, and a job
3-22 description and evaluation form for use in evaluating counselors,
3-23 as provided by Subchapter H, Chapter 21, and shall provide for the
3-24 certification of persons performing teacher or administrator
3-25 appraisals under that subchapter.
3-26 (19) The commissioner shall coordinate and implement
3-27 teacher recruitment programs under Section 21.004.
4-1 (20) The commissioner shall perform duties in
4-2 connection with the certification and assignment of hearing
4-3 examiners as provided by Subchapter F, Chapter 21.
4-4 (21) The commissioner shall carry out duties under the
4-5 Texas Advanced Placement Incentive Program under Subchapter C,
4-6 Chapter 28.
4-7 (22) The commissioner may adopt rules for optional
4-8 extended year programs under Section 29.082.
4-9 (23) The commissioner shall monitor and evaluate
4-10 prekindergarten programs and other child-care programs as required
4-11 under Section 29.154.
4-12 (24) The commissioner, with the approval of the board,
4-13 shall develop and implement a plan for the coordination of services
4-14 to children with disabilities as required under Section 30.001.
4-15 (25) The commissioner shall develop a system to
4-16 distribute to school districts or regional education service
4-17 centers a special supplemental allowance for students with visual
4-18 impairments as required under Section 30.002.
4-19 (26) The commissioner, with the assistance of the
4-20 comptroller, shall determine amounts to be distributed to the Texas
4-21 School for the Blind and Visually Impaired and the Texas School for
4-22 the Deaf as provided by Section 30.003 and to the Texas Youth
4-23 Commission as provided by Section 30.102.
4-24 (27) The commissioner shall establish a procedure for
4-25 resolution of disputes between a school district and the Texas
4-26 School for the Blind and Visually Impaired under Section 30.021.
4-27 (28) The commissioner shall perform duties relating to
5-1 the funding, adoption, and purchase of textbooks under Chapter 31.
5-2 (29) The commissioner may enter into contracts
5-3 concerning technology in the public school system as authorized
5-4 under Chapter 32.
5-5 (30) The commissioner shall adopt a recommended
5-6 contract form for the use, acquisition, or lease with option to
5-7 purchase of school buses under Section 34.009.
5-8 (31) The commissioner shall ensure that the cost of
5-9 using school buses for a purpose other than the transportation of
5-10 students to or from school is properly identified in the Public
5-11 Education Information Management System (PEIMS) under Section
5-12 34.010.
5-13 (32) The commissioner shall perform duties in
5-14 connection with the public school accountability system as
5-15 prescribed by Chapter 39.
5-16 (33) The commissioner shall develop and propose to the
5-17 legislature an assessment system for students exempted from the
5-18 generally applicable assessment program under Subchapter B, Chapter
5-19 39.
5-20 (34) The commissioner shall perform duties in
5-21 connection with the equalized wealth level under Chapter 41.
5-22 (35) The commissioner shall perform duties in
5-23 connection with the Foundation School Program as prescribed by
5-24 Chapter 42.
5-25 (36) The commissioner shall establish advisory
5-26 guidelines relating to the fiscal management of a school district
5-27 and report annually to the board on the status of school district
6-1 fiscal management as required under Section 44.001.
6-2 (37) The commissioner shall review school district
6-3 audit reports as required under Section 44.008.
6-4 (38) The commissioner shall perform duties in
6-5 connection with the guaranteed bond program as prescribed by
6-6 Subchapter C, Chapter 45.
6-7 (39) The commissioner shall cooperate with the Texas
6-8 Higher Education Coordinating Board in connection with the Texas
6-9 partnership and scholarship program under Subchapter P, Chapter 61.
6-10 (40) The commissioner shall suspend the school
6-11 district teaching [certificate of an educator or] permit of a
6-12 person [teacher] who violates Chapter 617, Government Code.
6-13 (c) [(b)] The budget the commissioner adopts under
6-14 Subsection (b) [(a)] for operating the Foundation School Program
6-15 must be in accordance with legislative appropriations and provide
6-16 funds for the administration and operation of the agency and any
6-17 other necessary expense. The budget must designate any expense of
6-18 operating the agency or operating a program for which the board has
6-19 responsibility that is paid from the Foundation School Program.
6-20 The budget must designate program expenses that may be paid out of
6-21 the foundation school fund, other state funds, fees, federal funds,
6-22 or funds earned under interagency contract. Before adopting the
6-23 budget, the commissioner must submit the budget to the board for
6-24 review and, after receiving any comments of the board, present the
6-25 operating budget to the governor and the Legislative Budget Board.
6-26 The commissioner shall provide appropriate information on proposed
6-27 budget expenditures to the comptroller to assure that all payments
7-1 are paid from the appropriate funds in a timely and efficient
7-2 manner.
7-3 SECTION 3. Section 21.003(a), Education Code, is amended to
7-4 read as follows:
7-5 (a) A person may not be employed as an educator [a teacher,
7-6 teacher intern or teacher trainee, librarian, educational aide,
7-7 administrator, or counselor] by a school district unless the person
7-8 holds an appropriate certificate or school district teaching permit
7-9 issued as provided by Subchapter B.
7-10 SECTION 4. Section 21.031(b), Education Code, is amended to
7-11 read as follows:
7-12 (b) In adopting [proposing] rules under this subchapter, the
7-13 board shall ensure that all candidates for certification or
7-14 renewal of certification demonstrate the knowledge and skills
7-15 necessary to improve the performance of the diverse student
7-16 population of this state.
7-17 SECTION 5. Section 21.040, Education Code, is amended to
7-18 read as follows:
7-19 Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board
7-20 shall:
7-21 (1) supervise the executive director's performance;
7-22 (2) approve an operating budget for the board and make
7-23 a request for appropriations;
7-24 (3) appoint the members of any advisory committee to
7-25 the board;
7-26 (4) for each class of educator certificate, appoint an
7-27 advisory committee composed primarily of members of that class to
8-1 recommend standards for that class to the board;
8-2 (5) provide to its members and employees, as often as
8-3 necessary, information regarding their qualifications for office or
8-4 employment under this subchapter [chapter] and their
8-5 responsibilities under applicable laws relating to standards of
8-6 conduct for state officers or employees;
8-7 (6) develop and implement policies that clearly define
8-8 the respective responsibilities of the board and the board's staff;
8-9 (7) file annually with the governor and the presiding
8-10 officer of each house of the legislature a complete and detailed
8-11 written report, in the form and within the time provided by the
8-12 General Appropriations Act, accounting for all funds received and
8-13 disbursed by the board during the preceding fiscal year; [and]
8-14 (8) execute [interagency] contracts relating to or
8-15 accept grants for the administration of this subchapter; and
8-16 (9) suspend the certificate of an educator who
8-17 violates Chapter 617, Government Code [perform routine
8-18 administrative functions].
8-19 SECTION 6. Sections 21.041(b) and (c), Education Code, are
8-20 amended to read as follows:
8-21 (b) The board shall adopt [propose] rules that:
8-22 (1) provide for the regulation of educators and the
8-23 general administration of this subchapter in a manner consistent
8-24 with this subchapter;
8-25 (2) specify the classes of educator certificates to be
8-26 issued, including emergency certificates;
8-27 (3) specify the period for which each class of
9-1 educator certificate is valid;
9-2 (4) specify the requirements for the issuance and
9-3 renewal of an educator certificate;
9-4 (5) provide for the issuance of an educator
9-5 certificate to a person who holds a similar certificate issued by
9-6 another state or foreign country, subject to Section 21.052;
9-7 (6) provide for special or restricted certification of
9-8 educators, including certification of instructors of American Sign
9-9 Language;
9-10 (7) provide for disciplinary proceedings, including
9-11 the sanction [suspension or revocation] of an educator certificate,
9-12 as provided by Chapter 2001, Government Code, which may include a
9-13 delegation of authority to one or more committees composed of fewer
9-14 than all the board members, as considered appropriate by the board;
9-15 (8) provide for the adoption, amendment, and
9-16 enforcement of an educator's code of ethics;
9-17 (9) provide for continuing education requirements; and
9-18 (10) provide for certification of persons employed by
9-19 school districts under Section 21.055 [performing appraisals under
9-20 Subchapter H].
9-21 (c) The board shall adopt [propose a rule adopting] a fee
9-22 for the issuance and maintenance of an educator certificate that is
9-23 adequate to cover the cost of administration of this subchapter.
9-24 SECTION 7. Section 21.044, Education Code, is amended to
9-25 read as follows:
9-26 Sec. 21.044. EDUCATOR PREPARATION. The board shall adopt
9-27 [propose] rules establishing the training requirements a person
10-1 must accomplish to obtain a certificate, enter an internship, or
10-2 enter an induction-year program. The board shall specify the
10-3 minimum academic qualifications required for a certificate.
10-4 SECTION 8. Sections 21.045(a) and (c)-(e), Education Code,
10-5 are amended to read as follows:
10-6 (a) The board shall adopt [propose] rules establishing
10-7 standards to govern the approval and continuing accountability of
10-8 all educator preparation programs based on information that is
10-9 disaggregated with respect to sex and ethnicity and that
10-10 includes:
10-11 (1) results of the certification examinations
10-12 prescribed under Section 21.048(a); and
10-13 (2) performance based on the appraisal system for
10-14 beginning teachers adopted by the board.
10-15 (c) The board shall adopt [propose] rules establishing
10-16 performance standards for the Accountability System for Educator
10-17 Preparation for accrediting educator preparation programs. At a
10-18 minimum, performance standards must be based on Subsection (a).
10-19 The board shall adopt [propose] rules for the sanction of educator
10-20 preparation programs and shall annually review the accreditation
10-21 status of each educator preparation program.
10-22 (d) The executive director of the board shall appoint an
10-23 oversight team of educators to make recommendations and provide
10-24 assistance to educator preparation programs that do not meet
10-25 accreditation standards. If, after one year, an educator
10-26 preparation program has not met the performance standards adopted
10-27 under Subsection (c) [fulfilled the recommendations of the
11-1 oversight team], the executive director shall appoint a person to
11-2 administer and manage the operations of the program. If the
11-3 program does not improve after two years, the board shall revoke
11-4 the approval of the program to prepare educators for state
11-5 certification.
11-6 (e) Not later than September 1, 1998, an educator
11-7 preparation program must meet the accreditation standards adopted
11-8 [proposed] by the board [and adopted by the State Board of
11-9 Education]. This subsection expires January 1, 1999.
11-10 SECTION 9. Section 21.046(d), Education Code, is amended to
11-11 read as follows:
11-12 (d) In creating the qualifications for certification as a
11-13 principal, the board shall consider the knowledge, skills, and
11-14 proficiencies for principals as developed by relevant national
11-15 organizations and as adopted by the board [State Board of
11-16 Education].
11-17 SECTION 10. Section 21.048(a), Education Code, is amended to
11-18 read as follows:
11-19 (a) The board shall adopt [propose] rules prescribing
11-20 comprehensive examinations for each class of certificate issued by
11-21 the board.
11-22 SECTION 11. Section 21.049, Education Code, is amended to
11-23 read as follows:
11-24 Sec. 21.049. ALTERNATIVE CERTIFICATION. To provide a
11-25 continuing additional source of qualified educators, the board
11-26 shall adopt [propose] rules providing for educator certification
11-27 programs as an alternative to traditional educator preparation
12-1 programs. The rules may not provide that a person may be certified
12-2 under this section only if there is a demonstrated shortage of
12-3 educators in a school district or subject area.
12-4 SECTION 12. Section 21.050(b), Education Code, is amended to
12-5 read as follows:
12-6 (b) The board may not require more than 18 semester credit
12-7 hours of education courses at the baccalaureate level for the
12-8 granting of a teaching certificate. The board shall provide for a
12-9 minimum number of semester credit hours of internship to be
12-10 included in the hours needed for certification. The board may
12-11 adopt [propose] rules requiring additional credit hours for
12-12 certification in reading, bilingual education, English as a second
12-13 language, early childhood education, or special education.
12-14 SECTION 13. Section 21.051, Education Code, is amended to
12-15 read as follows:
12-16 Sec. 21.051. OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.
12-17 The board shall adopt [propose] rules providing flexible options
12-18 for persons for any field experience or internship required for
12-19 certification.
12-20 SECTION 14. Section 21.054(a), Education Code, is amended to
12-21 read as follows:
12-22 (a) The board shall adopt [propose] rules establishing a
12-23 process for identifying continuing education courses and programs
12-24 that fulfill educators' continuing education requirements.
12-25 SECTION 15. Section 21.055, Education Code, is amended to
12-26 read as follows:
12-27 Sec. 21.055. School District Teaching Permit. (a) As
13-1 provided by this section, a school district may issue a school
13-2 district teaching permit and employ as a teacher a person who does
13-3 not hold a teaching certificate issued by the board.
13-4 (b) To be eligible for a school district teaching permit
13-5 under this section, a person must hold a baccalaureate degree and
13-6 have an academic background or work experience related to the
13-7 subject or class that the person will teach. This subsection does
13-8 not apply to a person who will teach only career and technology
13-9 education.
13-10 (c) To be eligible for a school district teaching permit to
13-11 teach a career and technology education subject or class, a person
13-12 must have work experience related to the subject or class.
13-13 (d) Promptly after employing a person under this section, a
13-14 school district shall send to the commissioner a written statement
13-15 identifying the person, the person's qualifications as a teacher,
13-16 and the subject or class the person will teach. The person may
13-17 teach the subject or class pending action by the commissioner.
13-18 (e) [(d)] Not later than the 30th day after the date the
13-19 commissioner receives the statement under Subsection (d) [(c)], the
13-20 commissioner may inform the district in writing that the
13-21 commissioner finds the person is not qualified to teach. The
13-22 person may not teach if the commissioner finds the person is not
13-23 qualified. If the commissioner fails to act within the time
13-24 prescribed by this subsection, the district may issue to the person
13-25 a school district teaching permit and the person may teach the
13-26 subject or class identified in the statement.
13-27 (f) [(e)] A person authorized to teach under this section
14-1 may not teach in another school district unless that district
14-2 complies with this section. Except as provided by Subsection (i),
14-3 a [A] school district teaching permit is [remains] valid until the
14-4 person satisfies the requirements adopted under Section
14-5 21.041(b)(10) or until a date set by the board [unless the district
14-6 issuing the permit revokes it for cause].
14-7 (g) A person employed under this section is subject to the
14-8 code of ethics proposed by the board under Section 21.041(b)(8).
14-9 The board, in accordance with rules proposed under Section
14-10 21.041(b)(7), may sanction a school district teaching permit.
14-11 (h) A person who holds or has held a school district
14-12 teaching permit may obtain a teaching certificate issued under
14-13 rules proposed under Section 21.041(b)(10).
14-14 (i) A school district may revoke a school district teaching
14-15 permit for cause. A district shall notify the commissioner in
14-16 writing of a revocation under this subsection not later than the
14-17 10th day after the date of the revocation.
14-18 (j) The commissioner shall suspend the school district
14-19 teaching permit of a person who violates Chapter 617, Government
14-20 Code.
14-21 SECTION 16. Section 21.101, Education Code, is amended to
14-22 read as follows:
14-23 Sec. 21.101. DEFINITION. In this subchapter, "teacher"
14-24 means a principal, [supervisor,] classroom teacher, librarian,
14-25 counselor, or other full-time professional employee who is
14-26 required to hold a certificate issued under Subchapter B or a
14-27 nurse. The term does not include a superintendent or a person who
15-1 is not entitled to a probationary, continuing, or term contract
15-2 under Section 21.002, an existing contract, or district policy.
15-3 SECTION 17. Section 21.201(1), Education Code, is amended to
15-4 read as follows:
15-5 (1) "Teacher" means a superintendent, principal,
15-6 [supervisor,] classroom teacher, librarian, counselor, or other
15-7 full-time professional employee who is required to hold a
15-8 certificate issued under Subchapter B or a nurse. The term does
15-9 not include a person who is not entitled to a probationary,
15-10 continuing, or term contract under Section 21.002, an existing
15-11 contract, or district policy.
15-12 SECTION 18. Section 21.202, Education Code, is amended to
15-13 read as follows:
15-14 Sec. 21.202. PROBATIONARY CONTRACT REQUIRED. (a) Before a
15-15 teacher may be employed under a term contract, the teacher must be
15-16 employed under a probationary contract for the period provided by
15-17 Subchapter C.
15-18 (b) Subsection (a) does not apply to the employment of a
15-19 superintendent.
15-20 SECTION 19. Section 21.351, Education Code, is amended by
15-21 adding Subsection (e) to read as follows:
15-22 (e) The commissioner shall provide for the certification of
15-23 persons performing appraisals under this section.
15-24 SECTION 20. Section 21.354, Education Code, is amended by
15-25 adding Subsection (f) to read as follows:
15-26 (f) The commissioner shall provide for the certification of
15-27 persons performing appraisals under this section.
16-1 SECTION 21. Section 29.902(b), Education Code, is amended to
16-2 read as follows:
16-3 (b) The State Board for Educator Certification [agency]
16-4 shall provide [establish standards] for the certification of
16-5 professional and paraprofessional personnel who conduct the
16-6 programs in the public schools.
16-7 SECTION 22. Sections 5.001(5), 21.101, and 21.201(1),
16-8 Education Code, as amended by this Act, apply beginning with the
16-9 1997-1998 school year.
16-10 SECTION 23. The importance of this legislation and the
16-11 crowded condition of the calendars in both houses create an
16-12 emergency and an imperative public necessity that the
16-13 constitutional rule requiring bills to be read on three several
16-14 days in each house be suspended, and this rule is hereby suspended,
16-15 and that this Act take effect and be in force from and after its
16-16 passage, and it is so enacted.