1-1 By: Shapleigh S.B. No. 1825
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Education; April 28, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 9, Nays 0; April 28, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1825 By: Shapleigh
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the State Board for Educator Certification and to
1-10 certain professional employees of public schools.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subdivision (5), Section 5.001, Education Code,
1-13 is amended to read as follows:
1-14 (5) "Educator" means a teacher, teacher intern,
1-15 librarian, educational aide, superintendent, principal, counselor,
1-16 or other full-time professional employee [person] who is required
1-17 to hold a certificate issued under Subchapter B, Chapter 21.
1-18 SECTION 2. Section 7.055, Education Code, is amended to read
1-19 as follows:
1-20 Sec. 7.055. COMMISSIONER OF EDUCATION POWERS AND DUTIES.
1-21 (a) The commissioner has the [following] powers and duties
1-22 provided by Subsection (b).[:]
1-23 (b)(1) The commissioner shall serve as the educational
1-24 leader of the state.
1-25 (2) The commissioner shall serve as executive officer
1-26 of the agency and as executive secretary of the board.
1-27 (3) The commissioner shall carry out the duties
1-28 imposed on the commissioner by the board or the legislature.
1-29 (4) The commissioner shall prescribe a uniform system
1-30 of forms, reports, and records necessary to fulfill the reporting
1-31 and recordkeeping requirements of this title.
1-32 (5) The commissioner may delegate ministerial and
1-33 executive functions to agency staff and may employ division heads
1-34 and any other employees and clerks to perform the duties of the
1-35 agency.
1-36 (6) The commissioner shall adopt an annual budget for
1-37 operating the Foundation School Program as prescribed by Subsection
1-38 (c) [(b)].
1-39 (7) The commissioner may issue vouchers for the
1-40 expenditures of the agency and shall examine and must approve any
1-41 account to be paid out of the school funds by the state treasurer
1-42 before the comptroller may issue a warrant.
1-43 (8) The commissioner shall file annually with the
1-44 governor and the Legislative Budget Board a complete and detailed
1-45 written report accounting for all funds received and disbursed by
1-46 the agency during the preceding fiscal year.
1-47 (9) The commissioner shall have a manual published at
1-48 least once every two years that contains Title 1 and this title,
1-49 any other provisions of this code relating specifically to public
1-50 primary or secondary education, and an appendix of all other state
1-51 laws relating to public primary or secondary education and shall
1-52 provide for the distribution of the manual as determined by the
1-53 board.
1-54 (10) The commissioner may visit different areas of
1-55 this state, address teachers' associations and educational
1-56 gatherings, instruct teachers, and promote all aspects of education
1-57 and may be reimbursed for necessary travel expenses incurred under
1-58 this subdivision to the extent authorized by the General
1-59 Appropriations Act.
1-60 (11) The commissioner may appoint advisory committees,
1-61 in accordance with Article 6252-33, Revised Statutes, as necessary
1-62 to advise the commissioner in carrying out the duties and mission
1-63 of the agency.
1-64 (12) The commissioner shall appoint an agency auditor.
2-1 (13) The commissioner may provide for reductions in
2-2 the number of agency employees.
2-3 (14) The commissioner shall carry out duties relating
2-4 to the investment capital fund under Section 7.024.
2-5 (15) The commissioner shall review and act, if
2-6 necessary, on applications for waivers under Section 7.056.
2-7 (16) The commissioner shall carry out duties relating
2-8 to regional education service centers as specified under Chapter 8.
2-9 (17) The commissioner shall distribute funds to
2-10 open-enrollment charter schools as required under Subchapter D,
2-11 Chapter 12.
2-12 (18) The commissioner shall adopt a recommended
2-13 appraisal process and criteria on which to appraise the performance
2-14 of teachers, a recommended appraisal process and criteria on which
2-15 to appraise the performance of administrators, and a job
2-16 description and evaluation form for use in evaluating counselors,
2-17 as provided by Subchapter H, Chapter 21, and shall provide for the
2-18 certification of persons performing teacher or administrator
2-19 appraisals under that subchapter.
2-20 (19) The commissioner shall coordinate and implement
2-21 teacher recruitment programs under Section 21.004.
2-22 (20) The commissioner shall perform duties in
2-23 connection with the certification and assignment of hearing
2-24 examiners as provided by Subchapter F, Chapter 21.
2-25 (21) The commissioner shall carry out duties under the
2-26 Texas Advanced Placement Incentive Program under Subchapter C,
2-27 Chapter 28.
2-28 (22) The commissioner may adopt rules for optional
2-29 extended year programs under Section 29.082.
2-30 (23) The commissioner shall monitor and evaluate
2-31 prekindergarten programs and other child-care programs as required
2-32 under Section 29.154.
2-33 (24) The commissioner, with the approval of the board,
2-34 shall develop and implement a plan for the coordination of services
2-35 to children with disabilities as required under Section 30.001.
2-36 (25) The commissioner shall develop a system to
2-37 distribute to school districts or regional education service
2-38 centers a special supplemental allowance for students with visual
2-39 impairments as required under Section 30.002.
2-40 (26) The commissioner, with the assistance of the
2-41 comptroller, shall determine amounts to be distributed to the Texas
2-42 School for the Blind and Visually Impaired and the Texas School for
2-43 the Deaf as provided by Section 30.003 and to the Texas Youth
2-44 Commission as provided by Section 30.102.
2-45 (27) The commissioner shall establish a procedure for
2-46 resolution of disputes between a school district and the Texas
2-47 School for the Blind and Visually Impaired under Section 30.021.
2-48 (28) The commissioner shall perform duties relating to
2-49 the funding, adoption, and purchase of textbooks under Chapter 31.
2-50 (29) The commissioner may enter into contracts
2-51 concerning technology in the public school system as authorized
2-52 under Chapter 32.
2-53 (30) The commissioner shall adopt a recommended
2-54 contract form for the use, acquisition, or lease with option to
2-55 purchase of school buses under Section 34.009.
2-56 (31) The commissioner shall ensure that the cost of
2-57 using school buses for a purpose other than the transportation of
2-58 students to or from school is properly identified in the Public
2-59 Education Information Management System (PEIMS) under Section
2-60 34.010.
2-61 (32) The commissioner shall perform duties in
2-62 connection with the public school accountability system as
2-63 prescribed by Chapter 39.
2-64 (33) The commissioner shall develop and propose to the
2-65 legislature an assessment system for students exempted from the
2-66 generally applicable assessment program under Subchapter B, Chapter
2-67 39.
2-68 (34) The commissioner shall perform duties in
2-69 connection with the equalized wealth level under Chapter 41.
3-1 (35) The commissioner shall perform duties in
3-2 connection with the Foundation School Program as prescribed by
3-3 Chapter 42.
3-4 (36) The commissioner shall establish advisory
3-5 guidelines relating to the fiscal management of a school district
3-6 and report annually to the board on the status of school district
3-7 fiscal management as required under Section 44.001.
3-8 (37) The commissioner shall review school district
3-9 audit reports as required under Section 44.008.
3-10 (38) The commissioner shall perform duties in
3-11 connection with the guaranteed bond program as prescribed by
3-12 Subchapter C, Chapter 45.
3-13 (39) The commissioner shall cooperate with the Texas
3-14 Higher Education Coordinating Board in connection with the Texas
3-15 partnership and scholarship program under Subchapter P, Chapter 61.
3-16 (40) The commissioner shall suspend the school
3-17 district teaching [certificate of an educator or] permit of a
3-18 person [teacher] who violates Chapter 617, Government Code.
3-19 (c) [(b)] The budget the commissioner adopts under
3-20 Subsection (b) [(a)] for operating the Foundation School Program
3-21 must be in accordance with legislative appropriations and provide
3-22 funds for the administration and operation of the agency and any
3-23 other necessary expense. The budget must designate any expense of
3-24 operating the agency or operating a program for which the board has
3-25 responsibility that is paid from the Foundation School Program.
3-26 The budget must designate program expenses that may be paid out of
3-27 the foundation school fund, other state funds, fees, federal funds,
3-28 or funds earned under interagency contract. Before adopting the
3-29 budget, the commissioner must submit the budget to the board for
3-30 review and, after receiving any comments of the board, present the
3-31 operating budget to the governor and the Legislative Budget Board.
3-32 The commissioner shall provide appropriate information on proposed
3-33 budget expenditures to the comptroller to assure that all payments
3-34 are paid from the appropriate funds in a timely and efficient
3-35 manner.
3-36 SECTION 3. Subsection (a), Section 21.003, Education Code,
3-37 is amended to read as follows:
3-38 (a) A person may not be employed as an educator [a teacher,
3-39 teacher intern or teacher trainee, librarian, educational aide,
3-40 administrator, or counselor] by a school district unless the person
3-41 holds an appropriate certificate or school district teaching permit
3-42 issued as provided by Subchapter B.
3-43 SECTION 4. Subsection (b), Section 21.031, Education Code,
3-44 is amended to read as follows:
3-45 (b) In adopting [proposing] rules under this subchapter, the
3-46 board shall ensure that all candidates for certification or renewal
3-47 of certification demonstrate the knowledge and skills necessary to
3-48 improve the performance of the diverse student population of this
3-49 state.
3-50 SECTION 5. Section 21.040, Education Code, is amended to
3-51 read as follows:
3-52 Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board
3-53 shall:
3-54 (1) supervise the executive director's performance;
3-55 (2) approve an operating budget for the board and make
3-56 a request for appropriations;
3-57 (3) appoint the members of any advisory committee to
3-58 the board;
3-59 (4) for each class of educator certificate, appoint an
3-60 advisory committee composed primarily of members of that class to
3-61 recommend standards for that class to the board;
3-62 (5) provide to its members and employees, as often as
3-63 necessary, information regarding their qualifications for office or
3-64 employment under this subchapter [chapter] and their
3-65 responsibilities under applicable laws relating to standards of
3-66 conduct for state officers or employees;
3-67 (6) develop and implement policies that clearly define
3-68 the respective responsibilities of the board and the board's staff;
3-69 (7) file annually with the governor and the presiding
4-1 officer of each house of the legislature a complete and detailed
4-2 written report, in the form and within the time provided by the
4-3 General Appropriations Act, accounting for all funds received and
4-4 disbursed by the board during the preceding fiscal year; [and]
4-5 (8) execute [interagency] contracts relating to or
4-6 accept grants for the administration of this subchapter; and
4-7 (9) suspend the certificate of an educator who
4-8 violates Chapter 617, Government Code [perform routine
4-9 administrative functions].
4-10 SECTION 6. Subsections (b) and (c), Section 21.041,
4-11 Education Code, are amended to read as follows:
4-12 (b) The board shall adopt [propose] rules that:
4-13 (1) provide for the regulation of educators and the
4-14 general administration of this subchapter in a manner consistent
4-15 with this subchapter;
4-16 (2) specify the classes of educator certificates to be
4-17 issued, including emergency certificates;
4-18 (3) specify the period for which each class of
4-19 educator certificate is valid;
4-20 (4) specify the requirements for the issuance and
4-21 renewal of an educator certificate;
4-22 (5) provide for the issuance of an educator
4-23 certificate to a person who holds a similar certificate issued by
4-24 another state or foreign country, subject to Section 21.052;
4-25 (6) provide for special or restricted certification of
4-26 educators, including certification of instructors of American Sign
4-27 Language;
4-28 (7) provide for disciplinary proceedings, including
4-29 the sanction [suspension or revocation] of an educator certificate,
4-30 as provided by Chapter 2001, Government Code, which may include a
4-31 delegation of authority as considered appropriate by the board;
4-32 (8) provide for the adoption, amendment, and
4-33 enforcement of an educator's code of ethics; and
4-34 (9) provide for continuing education requirements[;
4-35 and]
4-36 [(10) provide for certification of persons performing
4-37 appraisals under Subchapter H].
4-38 (c) The board shall adopt [propose a rule adopting] a fee
4-39 for the issuance and maintenance of an educator certificate that is
4-40 adequate to cover the cost of administration of this subchapter.
4-41 SECTION 7. Section 21.044, Education Code, is amended to
4-42 read as follows:
4-43 Sec. 21.044. EDUCATOR PREPARATION. The board shall adopt
4-44 [propose] rules establishing the training requirements a person
4-45 must accomplish to obtain a certificate, enter an internship, or
4-46 enter an induction-year program. The board shall specify the
4-47 minimum academic qualifications required for a certificate.
4-48 SECTION 8. Subsections (a), (c), (d), and (e), Section
4-49 21.045, Education Code, are amended to read as follows:
4-50 (a) The board shall adopt [propose] rules establishing
4-51 standards to govern the approval and continuing accountability of
4-52 all educator preparation programs based on information that is
4-53 disaggregated with respect to sex and ethnicity and that includes:
4-54 (1) results of the certification examinations
4-55 prescribed under Section 21.048(a); and
4-56 (2) performance based on the appraisal system for
4-57 beginning teachers adopted by the board.
4-58 (c) The board shall adopt [propose] rules establishing
4-59 performance standards for the Accountability System for Educator
4-60 Preparation for accrediting educator preparation programs. At a
4-61 minimum, performance standards must be based on Subsection (a).
4-62 The board shall adopt [propose] rules for the sanction of educator
4-63 preparation programs and shall annually review the accreditation
4-64 status of each educator preparation program.
4-65 (d) The executive director of the board shall appoint an
4-66 oversight team of educators to make recommendations and provide
4-67 assistance to educator preparation programs that do not meet
4-68 accreditation standards. If, after one year, an educator
4-69 preparation program has not met the performance standards adopted
5-1 under Subsection (c) [fulfilled the recommendations of the
5-2 oversight team], the executive director shall appoint a person to
5-3 administer and manage the operations of the program. If the
5-4 program does not improve after two years, the board shall revoke
5-5 the approval of the program to prepare educators for state
5-6 certification.
5-7 (e) Not later than September 1, 1998, an educator
5-8 preparation program must meet the accreditation standards adopted
5-9 [proposed] by the board [and adopted by the State Board of
5-10 Education]. This subsection expires January 1, 1999.
5-11 SECTION 9. Subsection (d), Section 21.046, Education Code,
5-12 is amended to read as follows:
5-13 (d) In creating the qualifications for certification as a
5-14 principal, the board shall consider the knowledge, skills, and
5-15 proficiencies for principals as developed by relevant national
5-16 organizations and as adopted by the board [State Board of
5-17 Education].
5-18 SECTION 10. Subsection (a), Section 21.048, Education Code,
5-19 is amended to read as follows:
5-20 (a) The board shall adopt [propose] rules prescribing
5-21 comprehensive examinations for each class of certificate issued by
5-22 the board.
5-23 SECTION 11. Section 21.049, Education Code, is amended to
5-24 read as follows:
5-25 Sec. 21.049. ALTERNATIVE CERTIFICATION. To provide a
5-26 continuing additional source of qualified educators, the board
5-27 shall adopt [propose] rules providing for educator certification
5-28 programs as an alternative to traditional educator preparation
5-29 programs. The rules may not provide that a person may be certified
5-30 under this section only if there is a demonstrated shortage of
5-31 educators in a school district or subject area.
5-32 SECTION 12. Subsection (b), Section 21.050, Education Code,
5-33 is amended to read as follows:
5-34 (b) The board may not require more than 18 semester credit
5-35 hours of education courses at the baccalaureate level for the
5-36 granting of a teaching certificate. The board shall provide for a
5-37 minimum number of semester credit hours of internship to be
5-38 included in the hours needed for certification. The board may
5-39 adopt [propose] rules requiring additional credit hours for
5-40 certification in reading, bilingual education, English as a second
5-41 language, early childhood education, or special education.
5-42 SECTION 13. Section 21.051, Education Code, is amended to
5-43 read as follows:
5-44 Sec. 21.051. OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.
5-45 The board shall adopt [propose] rules providing flexible options
5-46 for persons for any field experience or internship required for
5-47 certification.
5-48 SECTION 14. Subchapter B, Chapter 21, Education Code, is
5-49 amended by adding Section 21.0521 to read as follows:
5-50 Sec. 21.0521. TEMPORARY SUSPENSION OF EDUCATOR CERTIFICATE.
5-51 (a) The state has the obligation to ensure that state-certified
5-52 educators are fit to work closely with students and public school
5-53 employees and to protect students and public school employees from
5-54 educators who have been convicted of such serious offenses that
5-55 they pose a threat to the safety of the public school environment.
5-56 The board shall limit the application of rules adopted under this
5-57 section to individuals convicted of offenses that constitute a
5-58 continuing and imminent threat to the safety of the public school
5-59 environment.
5-60 (b) The board shall adopt rules for the temporary suspension
5-61 of an educator's certificate if the board receives notification
5-62 that the person who holds the certificate has been convicted of an
5-63 offense that:
5-64 (1) is punishable as a Class A misdemeanor or a
5-65 felony;
5-66 (2) directly relates to the safety and well-being of
5-67 children or school district employees; and
5-68 (3) involves:
5-69 (A) sexual or physical abuse of a minor,
6-1 student, or school district employee; or
6-2 (B) a controlled substance under Chapter 481,
6-3 Health and Safety Code, or other applicable law, if less than two
6-4 years have elapsed since the date of the conviction.
6-5 (c) A temporary suspension under this section is not subject
6-6 to Chapter 2001, Government Code; Article 6252-13c, Revised
6-7 Statutes; or Sections 2-5, Chapter 267, Acts of the 67th
6-8 Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's
6-9 Texas Civil Statutes). Not later than the first business day after
6-10 the date the board temporarily suspends an educator's certificate,
6-11 the board shall notify the educator and the school district that
6-12 employs the educator. The board's rules must provide an educator
6-13 the opportunity for a hearing not later than the 30th day after the
6-14 effective date of a temporary suspension. Not later than the 14th
6-15 day after the date of the hearing, the board shall notify the
6-16 educator and the employing school district of the board's
6-17 determination.
6-18 (d) A temporary suspension under this section continues
6-19 until the board or the board's designee has made a final
6-20 disposition in connection with the person's certificate under a
6-21 proceeding held in compliance with rules adopted under Section
6-22 21.041(b)(7). A temporary suspension may not extend beyond the
6-23 first anniversary of the effective date of the suspension.
6-24 (e) For purposes of this section, a person is considered to
6-25 have been convicted of an offense if a court of competent
6-26 jurisdiction in this state, another state, the United States, or
6-27 another country:
6-28 (1) imposes a sentence;
6-29 (2) orders community supervision or deferred
6-30 adjudication; or
6-31 (3) defers final disposition of the case.
6-32 (f) An educator's certificate is subject to temporary
6-33 suspension under this section for a conviction in another
6-34 jurisdiction if the offense for which the educator was convicted
6-35 contains the elements of an offense under the laws of this state
6-36 that the board has identified as meeting the requirements of
6-37 Subsection (b).
6-38 SECTION 15. Subsection (a), Section 21.054, Education Code,
6-39 is amended to read as follows:
6-40 (a) The board shall adopt [propose] rules establishing a
6-41 process for identifying continuing education courses and programs
6-42 that fulfill educators' continuing education requirements.
6-43 SECTION 16. Section 21.055, Education Code, is amended by
6-44 adding Subsection (f) to read as follows:
6-45 (f) The commissioner shall suspend the school district
6-46 teaching permit of a person who violates Chapter 617, Government
6-47 Code.
6-48 SECTION 17. Section 21.101, Education Code, is amended to
6-49 read as follows:
6-50 Sec. 21.101. DEFINITION. In this subchapter, "teacher"
6-51 means a principal, [supervisor,] classroom teacher, librarian,
6-52 counselor, or other full-time professional employee who is required
6-53 to hold a certificate issued under Subchapter B or a nurse. The
6-54 term does not include a superintendent or a person who is not
6-55 entitled to a probationary, continuing, or term contract under
6-56 Section 21.002, an existing contract, or district policy.
6-57 SECTION 18. Subdivision (1), Section 21.201, Education Code,
6-58 is amended to read as follows:
6-59 (1) "Teacher" means a superintendent, principal,
6-60 [supervisor,] classroom teacher, librarian, counselor, or other
6-61 full-time professional employee who is required to hold a
6-62 certificate issued under Subchapter B or a nurse. The term does
6-63 not include a person who is not entitled to a probationary,
6-64 continuing, or term contract under Section 21.002, an existing
6-65 contract, or district policy.
6-66 SECTION 19. Section 21.202, Education Code, is amended to
6-67 read as follows:
6-68 Sec. 21.202. PROBATIONARY CONTRACT REQUIRED. (a) Before a
6-69 teacher may be employed under a term contract, the teacher must be
7-1 employed under a probationary contract for the period provided by
7-2 Subchapter C.
7-3 (b) Subsection (a) does not apply to the employment of a
7-4 superintendent.
7-5 SECTION 20. Section 21.351, Education Code, is amended by
7-6 adding Subsection (e) to read as follows:
7-7 (e) The commissioner shall provide for the certification of
7-8 persons performing appraisals under this section.
7-9 SECTION 21. Section 21.354, Education Code, is amended by
7-10 adding Subsection (f) to read as follows:
7-11 (f) The commissioner shall provide for the certification of
7-12 persons performing appraisals under this section.
7-13 SECTION 22. Subsection (b), Section 29.902, Education Code,
7-14 is amended to read as follows:
7-15 (b) The State Board for Educator Certification [agency]
7-16 shall provide [establish standards] for the certification of
7-17 professional and paraprofessional personnel who conduct the
7-18 programs in the public schools.
7-19 SECTION 23. Subdivision (5), Section 5.001, Section 21.101,
7-20 and Subdivision (1), Section 21.201, Education Code, as amended by
7-21 this Act, apply beginning with the 1997-1998 school year.
7-22 SECTION 24. The importance of this legislation and the
7-23 crowded condition of the calendars in both houses create an
7-24 emergency and an imperative public necessity that the
7-25 constitutional rule requiring bills to be read on three several
7-26 days in each house be suspended, and this rule is hereby suspended,
7-27 and that this Act take effect and be in force from and after its
7-28 passage, and it is so enacted.
7-29 * * * * *