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.