By: Shapleigh S.B. No. 1825
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the State Board for Educator Certification.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 5.001(5), Education Code, is amended to
1-4 read as follows:
1-5 (5) "Educator" means a teacher, teacher intern,
1-6 librarian, educational aide, superintendent, principal, counselor,
1-7 or other full-time professional employee [person] who is required
1-8 to hold a certificate issued under Subchapter B, Chapter 21.
1-9 SECTION 2. Section 7.055(a), Education Code, is amended to
1-10 read as follows:
1-11 (a) The commissioner has the following powers and duties:
1-12 (1) The commissioner shall serve as the educational
1-13 leader of the state.
1-14 (2) The commissioner shall serve as executive officer
1-15 of the agency and as executive secretary of the board.
1-16 (3) The commissioner shall carry out the duties
1-17 imposed on the commissioner by the board or the legislature.
1-18 (4) The commissioner shall prescribe a uniform system
1-19 of forms, reports, and records necessary to fulfill the reporting
1-20 and recordkeeping requirements of this title.
1-21 (5) The commissioner may delegate ministerial and
2-1 executive functions to agency staff and may employ division heads
2-2 and any other employees and clerks to perform the duties of the
2-3 agency.
2-4 (6) The commissioner shall adopt an annual budget for
2-5 operating the Foundation School Program as prescribed by Subsection
2-6 (b).
2-7 (7) The commissioner may issue vouchers for the
2-8 expenditures of the agency and shall examine and must approve any
2-9 account to be paid out of the school funds by the state treasurer
2-10 before the comptroller may issue a warrant.
2-11 (8) The commissioner shall file annually with the
2-12 governor and the Legislative Budget Board a complete and detailed
2-13 written report accounting for all funds received and disbursed by
2-14 the agency during the preceding fiscal year.
2-15 (9) The commissioner shall have a manual published at
2-16 least once every two years that contains Title 1 and this title,
2-17 any other provisions of this code relating specifically to public
2-18 primary or secondary education, and an appendix of all other state
2-19 laws relating to public primary or secondary education and shall
2-20 provide for the distribution of the manual as determined by the
2-21 board.
2-22 (10) The commissioner may visit different areas of
2-23 this state, address teachers' associations and educational
2-24 gatherings, instruct teachers, and promote all aspects of education
2-25 and may be reimbursed for necessary travel expenses incurred under
3-1 this subdivision to the extent authorized by the General
3-2 Appropriations Act.
3-3 (11) The commissioner may appoint advisory committees,
3-4 in accordance with Article 6252-33, Revised Statutes, as necessary
3-5 to advise the commissioner in carrying out the duties and mission
3-6 of the agency.
3-7 (12) The commissioner shall appoint an agency auditor.
3-8 (13) The commissioner may provide for reductions in
3-9 the number of agency employees.
3-10 (14) The commissioner shall carry out duties relating
3-11 to the investment capital fund under Section 7.024.
3-12 (15) The commissioner shall review and act, if
3-13 necessary, on applications for waivers under Section 7.056.
3-14 (16) The commissioner shall carry out duties relating
3-15 to regional education service centers as specified under Chapter 8.
3-16 (17) The commissioner shall distribute funds to
3-17 open-enrollment charter schools as required under Subchapter D,
3-18 Chapter 12.
3-19 (18) The commissioner shall adopt a recommended
3-20 appraisal process and criteria on which to appraise the performance
3-21 of teachers, a recommended appraisal process and criteria on which
3-22 to appraise the performance of administrators, and a job
3-23 description and evaluation form for use in evaluating counselors,
3-24 as provided by Subchapter H, Chapter 21. The commissioner shall
3-25 also provide for the certification of persons performing appraisals
4-1 under Subchapter H, Chapter 21.
4-2 (19) The commissioner shall coordinate and implement
4-3 teacher recruitment programs under Section 21.004.
4-4 (20) The commissioner shall perform duties in
4-5 connection with the certification and assignment of hearing
4-6 examiners as provided by Subchapter F, Chapter 21.
4-7 (21) The commissioner shall carry out duties under the
4-8 Texas Advanced Placement Incentive Program under Subchapter C,
4-9 Chapter 28.
4-10 (22) The commissioner may adopt rules for optional
4-11 extended year programs under Section 29.082.
4-12 (23) The commissioner shall monitor and evaluate
4-13 prekindergarten programs and other child-care programs as required
4-14 under Section 29.154.
4-15 (24) The commissioner, with the approval of the board,
4-16 shall develop and implement a plan for the coordination of services
4-17 to children with disabilities as required under Section 30.001.
4-18 (25) The commissioner shall develop a system to
4-19 distribute to school districts or regional education service
4-20 centers a special supplemental allowance for students with visual
4-21 impairments as required under Section 30.002.
4-22 (26) The commissioner, with the assistance of the
4-23 comptroller, shall determine amounts to be distributed to the Texas
4-24 School for the Blind and Visually Impaired and the Texas School for
4-25 the Deaf as provided by Section 30.003 and to the Texas Youth
5-1 Commission as provided by Section 30.102.
5-2 (27) The commissioner shall establish a procedure for
5-3 resolution of disputes between a school district and the Texas
5-4 School for the Blind and Visually Impaired under Section 30.021.
5-5 (28) The commissioner shall perform duties relating to
5-6 the funding, adoption, and purchase of textbooks under Chapter 31.
5-7 (29) The commissioner may enter into contracts
5-8 concerning technology in the public school system as authorized
5-9 under Chapter 32.
5-10 (30) The commissioner shall adopt a recommended
5-11 contract form for the use, acquisition, or lease with option to
5-12 purchase of school buses under Section 34.009.
5-13 (31) The commissioner shall ensure that the cost of
5-14 using school buses for a purpose other than the transportation of
5-15 students to or from school is properly identified in the Public
5-16 Education Information Management System (PEIMS) under Section
5-17 34.010.
5-18 (32) The commissioner shall perform duties in
5-19 connection with the public school accountability system as
5-20 prescribed by Chapter 39.
5-21 (33) The commissioner shall develop and propose to the
5-22 legislature an assessment system for students exempted from the
5-23 generally applicable assessment program under Subchapter B, Chapter
5-24 39.
5-25 (34) The commissioner shall perform duties in
6-1 connection with the equalized wealth level under Chapter 41.
6-2 (35) The commissioner shall perform duties in
6-3 connection with the Foundation School Program as prescribed by
6-4 Chapter 42.
6-5 (36) The commissioner shall establish advisory
6-6 guidelines relating to the fiscal management of a school district
6-7 and report annually to the board on the status of school district
6-8 fiscal management as required under Section 44.001.
6-9 (37) The commissioner shall review school district
6-10 audit reports as required under Section 44.008.
6-11 (38) The commissioner shall perform duties in
6-12 connection with the guaranteed bond program as prescribed by
6-13 Subchapter C, Chapter 45.
6-14 (39) The commissioner shall cooperate with the Texas
6-15 Higher Education Coordinating Board in connection with the Texas
6-16 partnership and scholarship program under Subchapter P, Chapter 61.
6-17 (40) The commissioner shall suspend the [certificate
6-18 of an educator or] school district teaching permit of a person
6-19 [teacher] who violates Chapter 617, Government Code.
6-20 SECTION 3. Section 7.056(e), Education Code, is amended to
6-21 read as follows:
6-22 (e) Except as provided by Subsection (f), a school campus or
6-23 district may not receive an exemption or waiver under this section
6-24 from:
6-25 (1) a prohibition on conduct that constitutes a
7-1 criminal offense;
7-2 (2) a requirement imposed by federal law or rule,
7-3 including a requirement for special education or bilingual
7-4 education programs; or
7-5 (3) a requirement, restriction, or prohibition
7-6 relating to:
7-7 (A) essential knowledge or skills under Section
7-8 28.002 or minimum graduation requirements under Section 28.025;
7-9 (B) public school accountability as provided by
7-10 Subchapters B, C, D, and G, Chapter 39;
7-11 (C) extracurricular activities under Section
7-12 33.081;
7-13 (D) health and safety under Chapter 38;
7-14 (E) purchasing under Subchapter B, Chapter 44;
7-15 (F) elementary school class size limits, except
7-16 as provided by Section 25.112;
7-17 (G) removal of a disruptive student from the
7-18 classroom under Subchapter A, Chapter 37;
7-19 (H) at-risk programs under Subchapter C, Chapter
7-20 29;
7-21 (I) prekindergarten programs under Subchapter E,
7-22 Chapter 29;
7-23 (J) educator rights and benefits under
7-24 Subchapters A, B, C, D, E, F, G, H, and I, Chapter 21, or under
7-25 Subchapter A, Chapter 22;
8-1 (K) special education programs under Subchapter
8-2 A, Chapter 29; or
8-3 (L) bilingual education programs under
8-4 Subchapter B, Chapter 29.
8-5 SECTION 4. Section 21.002(a), Education Code, is amended to
8-6 read as follows:
8-7 (a) A school district shall employ each educator, as defined
8-8 in Section 5.001, or nurse [classroom teacher, principal,
8-9 librarian, nurse, or counselor] under:
8-10 (1) a probationary contract, as provided by Subchapter
8-11 C;
8-12 (2) a continuing contract, as provided by Subchapter
8-13 D; or
8-14 (3) a term contract, as provided by Subchapter E.
8-15 SECTION 5. Section 21.002, Education Code, is amended by
8-16 adding subsection (d) to read as follows:
8-17 (d) This section does not apply to a teacher who is not a
8-18 classroom teacher, as defined in Section 5.001.
8-19 SECTION 6. Section 21.003(a), Education Code, is amended to
8-20 read as follows:
8-21 (a) A person may not be employed as an educator, as defined
8-22 in Section 5.001, [a teacher, teacher intern or teacher trainee,
8-23 librarian, educational aide, administrator, or counselor by a
8-24 school district] unless the person holds an appropriate certificate
8-25 or school district teaching permit issued as provided by Subchapter
9-1 B.
9-2 SECTION 7. Section 21.031(b), Education Code, is amended to
9-3 read as follows:
9-4 (b) In adopting [proposing] rules under this subchapter, the
9-5 board shall ensure that all candidates for certification or renewal
9-6 of certification demonstrate the knowledge and skills necessary to
9-7 improve the performance of the diverse student population of this
9-8 state.
9-9 SECTION 8. Sections 21.041(b) and (c), Education Code, are
9-10 amended to read as follows:
9-11 (b) The board shall adopt [propose] rules that:
9-12 (1) provide for the regulation of educators and the
9-13 general administration of this subchapter in a manner consistent
9-14 with this subchapter;
9-15 (2) specify the classes of educator certificates to be
9-16 issued, including emergency certificates;
9-17 (3) specify the period for which each class of
9-18 educator certificate is valid;
9-19 (4) specify the requirements for the issuance and
9-20 renewal of an educator certificate;
9-21 (5) provide for the issuance of an educator
9-22 certificate to a person who holds a similar certificate issued by
9-23 another state or foreign country, subject to Section 21.052;
9-24 (6) provide for special or restricted certification of
9-25 educators, including certification of instructors of American Sign
10-1 Language;
10-2 (7) provide for disciplinary proceedings, including
10-3 the suspension or revocation of an educator certificate, as
10-4 provided by Chapter 2001, Government Code;
10-5 (8) provide for the adoption, amendment, and
10-6 enforcement of an educator's code of ethics; and
10-7 (9) provide for continuing education requirements[;
10-8 and]
10-9 [(10) provide for certification of persons performing
10-10 appraisals under Subchapter H].
10-11 (c) The board shall adopt [propose a rule adopting] a fee
10-12 for the issuance and maintenance of an educator certificate that is
10-13 adequate to cover the cost of administration of this subchapter.
10-14 SECTION 9. Section 21.041, Education Code, is amended by
10-15 adding subsection (d) to read as follows:
10-16 (d) The board shall suspend the certificate of an educator
10-17 who violates Chapter 617, Government Code.
10-18 SECTION 10. Section 21.044, Education Code, is amended to
10-19 read as follows:
10-20 Sec. 21.044. EDUCATOR PREPARATION. The board shall adopt
10-21 [propose] rules establishing the training requirements a person
10-22 must accomplish to obtain a certificate, enter an internship, or
10-23 enter an induction-year program. The board shall specify the
10-24 minimum academic qualifications required for a certificate.
10-25 SECTION 11. Sections 21.045(a), (c), (d) and (e), Education
11-1 Code, is amended to read as follows:
11-2 (a) The board shall adopt [propose] rules establishing
11-3 standards to govern the approval and continuing accountability of
11-4 all educator preparation programs based on information that is
11-5 disaggregated with respect to sex and ethnicity and that includes:
11-6 (1) results of the certification examinations
11-7 prescribed under Section 21.048(a); and
11-8 (2) performance based on the appraisal system for
11-9 beginning teachers adopted by the board.
11-10 (c) The board shall adopt [propose] rules establishing
11-11 performance standards for the Accountability System for Educator
11-12 Preparation for accrediting educator preparation programs. At a
11-13 minimum, performance standards must be based on Subsection (a).
11-14 The board shall propose rules for the sanction of educator
11-15 preparation programs and shall annually review the accreditation
11-16 status of each educator preparation program.
11-17 (d) The executive director of the board shall appoint an
11-18 oversight team of educators to make recommendations and provide
11-19 assistance to educator preparation programs that do not meet
11-20 accreditation standards. If, after one year, an educator
11-21 preparation program has not met the performance standards adopted
11-22 under subsection (c) of this section [fulfilled the recommendations
11-23 of the oversight team], the executive director shall appoint a
11-24 person to administer and manage the operations of the program. If
11-25 the program does not improve after two years, the board shall
12-1 revoke the approval of the program to prepare educators for state
12-2 certification.
12-3 (e) Not later than September 1, 1998, an educator
12-4 preparation program must meet the accreditation standards adopted
12-5 [proposed] by the board [and adopted by the State Board of
12-6 Education]. This subsection expires January 1, 1999.
12-7 SECTION 12. Section 21.046(d), Education Code, is amended to
12-8 read as follows:
12-9 (d) In creating the qualifications for certification as a
12-10 principal, the board shall consider the knowledge, skills, and
12-11 proficiencies for principals as developed by relevant national
12-12 organizations and as adopted by the State Board for Educator
12-13 Certification [of Education].
12-14 SECTION 13. Section 21.048(a), Education Code, is amended to
12-15 read as follows:
12-16 (a) The board shall adopt [propose] rules prescribing
12-17 comprehensive examinations for each class of certificate issued by
12-18 the board.
12-19 SECTION 14. Section 21.049, Education Code, is amended to
12-20 read as follows:
12-21 Sec. 21.049. ALTERNATIVE CERTIFICATION. To provide a
12-22 continuing additional source of qualified educators, the board
12-23 shall adopt [propose] rules providing for educator certification
12-24 programs as an alternative to traditional educator preparation
12-25 programs. The rules may not provide that a person may be certified
13-1 under this section only if there is a demonstrated shortage of
13-2 educators in a school district or subject area.
13-3 SECTION 15. Section 21.051, Education Code, is amended to
13-4 read as follows:
13-5 Sec. 21.051. OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.
13-6 The board shall adopt [propose] rules providing flexible options
13-7 for persons for any field experience or internship required for
13-8 certification.
13-9 SECTION 16. Section 21.054(a), Education Code, is amended to
13-10 read as follows:
13-11 (a) The board shall adopt [propose] rules establishing a
13-12 process for identifying continuing education courses and programs
13-13 that fulfill educators' continuing education requirements.
13-14 SECTION 17. Section 21.101, Education Code, is amended to
13-15 read as follows:
13-16 Sec. 21.101. DEFINITION. In this subchapter, "teacher"
13-17 means an educator, as defined in Section 5.001, [a principal,
13-18 supervisor, classroom teacher, counselor, or other full time
13-19 professional employee who is required to hold a certificate issued
13-20 under Subchapter B] or a nurse. The term does not include a
13-21 teacher who is not a classroom teacher, as defined in Section
13-22 5.001, a superintendent, or a person who is not entitled to a
13-23 probationary, continuing, or term contract under Section 21.002, an
13-24 existing contract, or district policy.
13-25 SECTION 18. Section 21.201(1), Education Code, is amended to
14-1 read as follows:
14-2 (1) "Teacher" means an educator as defined in Section
14-3 5.001 [a superintendent, principal, supervisor, classroom teacher,
14-4 counselor, or other full time professional employee who is required
14-5 to hold a certificate issued under Subchapter B] or a nurse. The
14-6 term does not include a teacher who is not a classroom teacher, as
14-7 defined in Section 5.001, or a person who is not entitled to a
14-8 probationary, continuing, or term contract under Section 21.002, an
14-9 existing contract, or district policy.
14-10 SECTION 19. Section 21.202, Education Code, is amended to
14-11 read as follows:
14-12 Sec. 21.202. PROBATIONARY CONTRACT REQUIRED. Before a
14-13 teacher may be employed under a term contract, the teacher must be
14-14 employed under a probationary contract for the period provided by
14-15 Subchapter C. This requirement does not apply to a teacher who is
14-16 not a classroom teacher, as defined in Section 5.001, or a
14-17 superintendent.
14-18 SECTION 20. Section 21.351, Education Code, is amended by
14-19 adding subsection (e) to read as follows:
14-20 (e) The commissioner shall provide for the certification of
14-21 persons performing appraisals under this section.
14-22 SECTION 21. Section 21.354, Education Code, is amended by
14-23 adding subsection (f) to read as follows:
14-24 (f) The commissioner shall provide for the certification of
14-25 persons performing appraisals under this section.
15-1 SECTION 22. Section 29.902(b), Education Code, is amended to
15-2 read as follows:
15-3 (b) The State Board for Educator Certification [agency]
15-4 shall provide [establish standards] for the certification of
15-5 professional and paraprofessional personnel who conduct the
15-6 programs in the public schools.
15-7 SECTION 23. The importance of this legislation and the
15-8 crowded condition of the calendars in both houses create an
15-9 emergency and an imperative public necessity that the
15-10 constitutional rule requiring bills to be read on three several
15-11 days in each house be suspended, and this rule is hereby suspended,
15-12 and that this Act take effect and be in force from and after its
15-13 passage, and it is so enacted.