HBA-MPM H.B. 3167 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3167
By: Lewis, Ron
Public Education
4/16/2001
Introduced



BACKGROUND AND PURPOSE 

The State Board for Educator Certification (SBEC) was created in 1995 to
raise the status of the education profession by allowing it to regulate
itself in a manner similar to other professions. SBEC currently licenses
public school professionals such as superintendents, principals, classroom
teachers, librarians, and counselors.  Since SBEC's inception, there have
been few modifications to statutes governing its powers and duties. In
order for SBEC to adopt rules, SBEC must first submit proposals to the
State Board of Education (SBOE) for approval.  SBEC is also required to
license only one category of nonprofessional personnel, educational aides.
Some argue that the manner in which educational aides are best used is a
matter of local control.  Finally, SBEC is required to hire an executive
director, but unlike other professional boards, there is no specified
expertise that SBEC's executive director must have in order to carry out
the duties of the office.   House Bill 3167 grants SBEC the authority to
adopt rather than propose rules with respect to licensing and certification
issues, removes educational aides from SBEC certification requirements, and
specifies the qualifications of SBEC's executive director. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the State Board for Educator
Certification in SECTION 3 (Section 21.031, Education Code), SECTION 5
(Section 21.041, Education Code), SECTION 6 (Section 21.044, Education
Code), SECTION 7 (Section 21.045, Education Code), SECTION 9 (Section
21.048, Education Code), SECTION 10 (Section 21.049, Education Code),
SECTION 11 (Section 21.050, Education Code), SECTION 12 (Section 21.051,
Education Code), and SECTION 13 (Section 21.054, Education Code).   

ANALYSIS

House Bill 3167 amends the Education Code to repeal the provision that the
State Board for Educator Certification (SBEC) must submit a written copy of
each proposed rule to the State Board of Education (SBOE) for review, and
that SBOE may reject a proposed rule.  The bill grants SBEC the authority
to adopt rather than propose rules and prohibits SBEC from adopting rules
that have the effect of interfering with the operation of school districts. 

The bill includes powers and duties not specifically delegated by statute
to the SBEC among those that are reserved for the board of trustees of a
school district.  The bill removes an educational aide from the individuals
who are required to hold a state certification issued by SBEC. 

The bill requires SBEC no later than October 1, 2001 to ensure that the
executive director hired by SBEC has substantial experience in public
school classroom teaching and administration.  Subject to legislative
approval through the appropriations process, SBEC is required to set the
executive director's salary at a level adequate to enable SBEC to attract
and employ a person with the required experience. 

EFFECTIVE DATE

September 1, 2001.