By: Bernsen S.B. No. 832 99S0561/1 A BILL TO BE ENTITLED AN ACT 1-1 relating to restricting the employment of teachers who lack 1-2 appropriate certification. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 21, Education Code, is 1-5 amended by adding Section 21.057 to read as follows: 1-6 Sec. 21.057. INAPPROPRIATELY CERTIFIED AND UNCERTIFIED 1-7 TEACHERS. (a) In this section, "inappropriately certified or 1-8 uncertified teacher" means a teacher who does not hold an 1-9 appropriate certificate issued under this subchapter. 1-10 (b) A school district may not: 1-11 (1) accept or issue an emergency permit, temporary 1-12 classroom assignment permit, nonrenewable permit, or other 1-13 certificate or permit that allows an inappropriately certified or 1-14 uncertified teacher to teach a class; 1-15 (2) employ an inappropriately certified or uncertified 1-16 teacher to teach reading, writing, bilingual education, special 1-17 education, mathematics, science, or another subject for which 1-18 students achievement is measured by the Texas Assessment of 1-19 Academic Skills (TAAS) criterion-referenced assessment instrument, 1-20 if an appropriately certified teacher has applied for the same 1-21 position; or 1-22 (3) employ an inappropriately certified, uncertified, 1-23 or substitute teacher to teach the same class for a total of more 1-24 than 30 instructional days during the same school year. 2-1 (c) The superintendent of a school district that fails to 2-2 comply with Subsection (b) is subject to disciplinary action by the 2-3 State Board for Educator Certification under 19 TAC Chapter 249. 2-4 (d) A school district with fewer than 5,000 students in 2-5 average daily attendance is exempt from the provisions of 2-6 Subsection (b). 2-7 (e) Notwithstanding any conflicting provision of this code 2-8 or other law, this section takes effect as follows: 2-9 (1) in prekindergarten and kindergarten classes, 2-10 beginning with the 1999-2000 school year; 2-11 (2) in first grade classes, beginning with the 2-12 2000-2001 school year; 2-13 (3) in second grade classes, beginning with the 2-14 2001-2002 school year; 2-15 (4) in third grade classes, beginning with the 2-16 2002-2003 school year; 2-17 (5) in fourth grade classes, beginning with the 2-18 2003-2004 school year; 2-19 (6) in fifth grade classes, beginning with the 2-20 2004-2005 school year; 2-21 (7) in sixth grade classes, beginning with the 2-22 2005-2006 school year; 2-23 (8) in seventh grade classes, beginning with the 2-24 2006-2007 school year; 2-25 (9) in eighth grade classes, beginning with the 2-26 2007-2008 school year; 3-1 (10) in ninth grade classes, beginning with the 3-2 2008-2009 school year; 3-3 (11) in 10th grade classes, beginning with the 3-4 2009-2010 school year; 3-5 (12) in 11th grade classes, beginning with the 3-6 2010-2011 school year; and 3-7 (13) in 12th grade classes, beginning with the 3-8 2011-2012 school year. 3-9 SECTION 2. The importance of this legislation and the 3-10 crowded condition of the calendars in both houses create an 3-11 emergency and an imperative public necessity that the 3-12 constitutional rule requiring bills to be read on three several 3-13 days in each house be suspended, and this rule is hereby suspended, 3-14 and that this Act take effect and be in force from and after its 3-15 passage, and it is so enacted.