By Dukes H.B. No. 618
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to written notice from superintendents to parents on
1-3 whether teachers are appropriately certified by the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 21, Education Code, is
1-6 amended by adding Section 21.057 to read as follows:
1-7 Sec. 21.057. NOTICE TO PARENT OF CERTIFICATION STATUS. (a)
1-8 For purposes of this section:
1-9 (1) "Inappropriately certified or uncertified person":
1-10 (A) does include:
1-11 (i) an individual serving on an emergency
1-12 certificate issued under Section 21.041(b)(2);
1-13 (ii) a certified teacher assigned to teach
1-14 a class or classes outside his or her area of certification, as
1-15 determined by rules proposed by the board specifying the
1-16 certificate required for each assignment; or
1-17 (iii) an individual who does not hold any
1-18 certificate or permit issued under this chapter and is not employed
1-19 as specified by Paragraph (B)(v); and
1-20 (B) does not include an individual:
1-21 (i) serving on a certificate issued due to
1-22 a hearing impairment under Section 21.048;
1-23 (ii) serving on a certificate issued
1-24 pursuant to enrollment in an approved alternative certification
2-1 program under Section 21.049;
2-2 (iii) certified by another state or
2-3 country and serving on a certificate issued under Section 21.052;
2-4 (iv) serving on a school district teaching
2-5 permit issued under Section 21.055; or
2-6 (v) employed under a waiver granted by the
2-7 commissioner of education pursuant to Section 7.056.
2-8 (2) "Parent" includes a guardian, conservator, or
2-9 other person having lawful control of a student.
2-10 (b) If a superintendent anticipates that a course will be
2-11 taught by an inappropriately certified or uncertified person for 30
2-12 or more consecutive instructional days, or if in fact allows a
2-13 course to be taught by an inappropriately certified or uncertified
2-14 person for 30 or more consecutive instructional days, the
2-15 superintendent must at that time notify in writing the parents of
2-16 each student enrolled in the course.
2-17 (c) If the primary language of a parent receiving notice
2-18 under this section is a language other than English, the
2-19 superintendent must make a good faith effort to provide the notice
2-20 in English and the parent's primary language.
2-21 (d) A superintendent providing notice under this section
2-22 must retain copies of the notice on file for public inspection.
2-23 SECTION 2. This Act applies beginning with the 1999-2000
2-24 school year.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended,
3-3 and that this Act take effect and be in force from and after its
3-4 passage, and it is so enacted.