77R13429 KKA-F                           
         By Lewis of Orange                                    H.B. No. 3167
         Substitute the following for H.B. No. 3167:
         By Sadler                                         C.S.H.B. No. 3167
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the State Board for Educator Certification.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 11.151(b), Education Code, is amended to
 1-5     read as follows:
 1-6           (b)  The trustees as a body corporate have the exclusive
 1-7     power and duty to govern and oversee the management of the public
 1-8     schools of the district.  All powers and duties not specifically
 1-9     delegated by statute to the agency, [or to] the State Board of
1-10     Education, or the State Board for Educator Certification are
1-11     reserved for the trustees, and the agency or either board may not
1-12     substitute its judgment for the lawful exercise of those powers and
1-13     duties by the trustees.
1-14           SECTION 2. Section 21.003(a), Education Code, is amended to
1-15     read as follows:
1-16           (a)  A person may not be employed as a teacher, teacher
1-17     intern or teacher trainee, librarian, [educational aide,]
1-18     administrator, or counselor by a school district unless the person
1-19     holds an appropriate certificate or permit issued as provided by
1-20     Subchapter B.
1-21           SECTION 3. Section 21.031(b), Education Code, is amended to
1-22     read as follows:
1-23           (b)  In adopting [proposing] rules under this subchapter, the
1-24     board shall ensure that all candidates for certification or renewal
 2-1     of certification demonstrate the knowledge and skills necessary to
 2-2     improve the performance of the diverse student population of this
 2-3     state.
 2-4           SECTION 4. Section 21.039, Education Code, is amended to read
 2-5     as follows:
 2-6           Sec. 21.039.  EXECUTIVE DIRECTOR; PERSONNEL. (a)  The board
 2-7     shall employ an executive director with substantial experience in
 2-8     public school classroom teaching and administration.  Subject to
 2-9     legislative approval through the appropriations process, the board
2-10     shall set the executive director's salary at a level adequate to
2-11     enable the board to attract and employ a person with the experience
2-12     required by this subsection.
2-13           (b)  The executive director shall:
2-14                 (1)  perform duties as assigned by the board or
2-15     specified by law;
2-16                 (2)  administer and enforce all laws and rules
2-17     implemented by the board;
2-18                 (3)  issue the certificates authorized under this
2-19     subchapter; and
2-20                 (4)  hire and dismiss the employees of the board.
2-21           SECTION 5.  Sections 21.041(b) and (c), Education Code, are
2-22     amended to read as follows:
2-23           (b)  The board shall adopt [propose] rules that:
2-24                 (1)  provide for the regulation of educators and the
2-25     general administration of this subchapter in a manner consistent
2-26     with this subchapter;
2-27                 (2)  specify the classes of educator certificates to be
 3-1     issued, including emergency certificates;
 3-2                 (3)  specify the period for which each class of
 3-3     educator certificate is valid;
 3-4                 (4)  specify the requirements for the issuance and
 3-5     renewal of an educator certificate;
 3-6                 (5)  provide for the issuance of an educator
 3-7     certificate to a person who holds a similar certificate issued by
 3-8     another state or foreign country, subject to Section 21.052;
 3-9                 (6)  provide for special or restricted certification of
3-10     educators, including certification of instructors of American Sign
3-11     Language;
3-12                 (7)  provide for disciplinary proceedings, including
3-13     the suspension or revocation of an educator certificate, as
3-14     provided by Chapter 2001, Government Code;
3-15                 (8)  provide for the adoption, amendment, and, in
3-16     accordance with Sections 21.058 and 21.059, enforcement of an
3-17     educator's code of ethics;
3-18                 (9)  provide for continuing education requirements; and
3-19                 (10)  provide for certification of persons performing
3-20     appraisals under Subchapter H.
3-21           (c)  The board shall adopt [propose a rule adopting] a fee
3-22     for the issuance and maintenance of an educator certificate that is
3-23     adequate to cover the cost of administration of this subchapter.
3-24           SECTION 6.  Section 21.044, Education Code, is amended to
3-25     read as follows:
3-26           Sec. 21.044.  Educator Preparation. The board shall adopt
3-27     [propose] rules establishing the training requirements a person
 4-1     must accomplish to obtain a certificate, enter an internship, or
 4-2     enter an induction-year program.  The board shall specify the
 4-3     minimum academic qualifications required for a certificate.
 4-4           SECTION 7.   Sections 21.045(a) and (c), Education Code, are
 4-5     amended to read as follows:
 4-6           (a)  The board shall adopt [propose] rules establishing
 4-7     standards to govern the approval and continuing accountability of
 4-8     all educator preparation programs based on information that is
 4-9     disaggregated with respect to sex and ethnicity and that includes:
4-10                 (1)  results of the certification examinations
4-11     prescribed under Section 21.048(a); and
4-12                 (2)  performance based on the appraisal system for
4-13     beginning teachers adopted by the board.
4-14           (c)  The board shall adopt [propose] rules establishing
4-15     performance standards for the Accountability System for Educator
4-16     Preparation for accrediting educator preparation programs.  At a
4-17     minimum, performance standards must be based on Subsection (a).
4-18     The board shall adopt [propose] rules for the sanction of educator
4-19     preparation programs and shall annually review the accreditation
4-20     status of each educator preparation program.
4-21           SECTION 8.  Section 21.046(d), Education Code, is amended to
4-22     read as follows:
4-23           (d)  In creating the qualifications for certification as a
4-24     principal, the board shall consider the knowledge, skills, and
4-25     proficiencies for principals as developed by relevant national
4-26     organizations and as adopted by the State Board for Educator
4-27     Certification [of Education].
 5-1           SECTION 9.  Section 21.048(a), Education Code, is amended to
 5-2     read as follows:
 5-3           (a)  The board shall adopt [propose] rules prescribing
 5-4     comprehensive examinations for each class of certificate issued by
 5-5     the board.
 5-6           SECTION 10.  Section 21.049, Education Code, is amended to
 5-7     read as follows:
 5-8           Sec. 21.049.  ALTERNATIVE CERTIFICATION. To provide a
 5-9     continuing additional source of qualified educators, the board
5-10     shall adopt [propose] rules providing for educator certification
5-11     programs as an alternative to traditional educator preparation
5-12     programs.  The rules may not provide that a person may be certified
5-13     under this section only if there is a demonstrated shortage of
5-14     educators in a school district or subject area.
5-15           SECTION 11.  Section 21.050(b), Education Code, is amended to
5-16     read as follows:
5-17           (b)  The board may not require more than 18 semester credit
5-18     hours of education courses at the baccalaureate level for the
5-19     granting of a teaching certificate.  The board shall provide for a
5-20     minimum number of semester credit hours of internship to be
5-21     included in the hours needed for certification.  The board may
5-22     adopt [propose] rules requiring additional credit hours for
5-23     certification in bilingual education, English as a second language,
5-24     early childhood education, or special education.
5-25           SECTION 12.  Section 21.051, Education Code, is amended to
5-26     read as follows:
5-27           Sec. 21.051.  OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.
 6-1     The board shall adopt [propose] rules providing flexible options
 6-2     for persons for any field experience or internship required for
 6-3     certification.
 6-4           SECTION 13.  Section 21.054(a), Education Code, is amended to
 6-5     read as follows:
 6-6           (a)  The board shall adopt [propose] rules establishing a
 6-7     process for identifying continuing education courses and programs
 6-8     that fulfill educators' continuing education requirements.
 6-9           SECTION 14. Subchapter B, Chapter 21, Education Code, is
6-10     amended by adding Sections 21.058 and 21.059 to read as follows:
6-11           Sec. 21.058.  COMPLAINTS ALLEGING VIOLATION OF EDUCATOR'S
6-12     CODE OF ETHICS; HEARING. (a)  This section and Section 21.059 apply
6-13     to a complaint against an educator who holds a certificate issued
6-14     under this subchapter, including an educator employed by an
6-15     open-enrollment charter school.  For purposes of this section and
6-16     Section 21.059, the governing body of an open-enrollment charter
6-17     school is considered to be a board of trustees, and an
6-18     open-enrollment charter school is considered to be a school
6-19     district.
6-20           (b)  A person must file a complaint alleging a violation of
6-21     the educator's code of ethics adopted under Section 21.041(b)(8)
6-22     not later than the 20th day after the date of the incident on which
6-23     the complaint is based.
6-24           (c)  A person must file the complaint with the board of
6-25     trustees of the school district that:
6-26                 (1)  employs the educator at the time the complaint is
6-27     filed; or
 7-1                 (2)  most recently employed the educator, if the
 7-2     educator is not employed by a school district at the time the
 7-3     complaint is filed.
 7-4           (d)  The board of trustees shall hold a hearing on the
 7-5     complaint not later than the 60th day after the date the complaint
 7-6     is filed, unless all parties to the complaint agree to a later
 7-7     date.  The hearing may be coordinated with a hearing held under
 7-8     Subchapter F or any other hearing involving the incident on which
 7-9     the complaint is based.  If a hearing is held under Subchapter F,
7-10     the board of trustees may rely on the record developed in that
7-11     hearing and the proposed findings of fact and conclusions of law
7-12     made by the hearing examiner under Section 21.257.
7-13           (e)  After conclusion of a hearing held in accordance with
7-14     Subsection (d), the board of trustees:
7-15                 (1)  shall determine whether a violation of the
7-16     educator's code of ethics occurred; and
7-17                 (2)  if a violation occurred, may, in addition to any
7-18     other local disciplinary action, recommend an appropriate sanction
7-19     to the State Board for Educator Certification.
7-20           (f)  A board of trustees may delegate any duty or power
7-21     described by this section to an impartial person designated by the
7-22     board of trustees.  A board of trustees may not designate a person
7-23     under this subsection to exercise any duty or power in connection
7-24     with a complaint if the person:
7-25                 (1)  filed the complaint;
7-26                 (2)  is the subject of the complaint; or
7-27                 (3)  is or is likely to be called as a witness in the
 8-1     complaint proceeding.
 8-2           Sec. 21.059.  COMPLAINTS ALLEGING VIOLATION OF EDUCATOR'S
 8-3     CODE OF ETHICS; ACTION BY STATE BOARD FOR EDUCATOR CERTIFICATION.
 8-4     (a)  The board of trustees shall forward a complaint filed under
 8-5     Section 21.058 and a copy of the record developed under that
 8-6     section to the  State Board for Educator Certification if:
 8-7                 (1)  the board of trustees elects to recommend a
 8-8     sanction to the State Board for Educator  Certification, as
 8-9     provided by Section 21.058(e)(2); or
8-10                 (2)  a party to the complaint, not later than the 20th
8-11     day after the date of the determination under Section 21.058(e)(1),
8-12     requests that the board of trustees forward the complaint and a
8-13     copy of the record to the State Board for Educator Certification.
8-14           (b)  If required to take action under Subsection (a), the
8-15     board of trustees must forward the complaint and a copy of the
8-16     record not later than the 20th day after the date of:
8-17                 (1)  the  determination under Section 21.058(e)(1), if
8-18     the board of trustees elects to recommend a sanction to the State
8-19     Board for Educator Certification; or
8-20                 (2)  a request made under Subsection (a)(2) by a party
8-21     to the complaint.
8-22           (c)  Not later than the 90th day after receipt of a complaint
8-23     and a copy of the record under this section, the State Board for
8-24     Educator Certification shall issue a decision based on review of
8-25     the record developed at the district level under a substantial
8-26     evidence standard of review.  If the State Board for Educator
8-27     Certification  fails to act within that period, the determination
 9-1     made at the district level of whether a violation of the educator's
 9-2     code of ethics occurred is considered affirmed.
 9-3           (d)  Notwithstanding any recommendation made by a board of
 9-4     trustees under Section 21.058 and regardless of whether the State
 9-5     Board for Educator Certification acts within the period specified
 9-6     by Subsection (c), the State Board for Educator Certification has
 9-7     sole authority to determine the appropriate sanction, if any, in
 9-8     regard to the certificate issued under this subchapter to an
 9-9     educator determined to have violated the educator's code of ethics.
9-10           (e)  In this section, "record" has the meaning assigned by
9-11     Section 7.057(f).
9-12           SECTION 15. Section 54.214(c), Education Code, is amended to
9-13     read as follows:
9-14           (c)  To be eligible for an exemption under this section, a
9-15     person must:
9-16                 (1)  be a resident of this state;
9-17                 (2)  [be certified as an educational aide by the State
9-18     Board for Educator Certification;]
9-19                 [(3)]  have at least two school years of experience as
9-20     an [a certified] educational aide working directly with students in
9-21     a school district;
9-22                 (3) [(4)]  be employed as an [a certified] educational
9-23     aide working directly with students in a school district during the
9-24     entire term or semester for which the person receives the
9-25     exemption;
9-26                 (4) [(5)]  establish financial need as determined by
9-27     coordinating board rule;
 10-1                (5) [(6)]  be enrolled in classes necessary for
 10-2    certification as a teacher at the institution of higher education
 10-3    granting the exemption;
 10-4                (6) [(7)]  maintain an acceptable grade point average
 10-5    as determined by coordinating board rule; and
 10-6                (7) [(8)]  comply with any other requirements adopted
 10-7    by the coordinating board under this section.
 10-8          SECTION 16.  Section 21.042, Education Code, is repealed.
 10-9          SECTION 17. The change in law made by this Act to Section
10-10    21.039, Education Code, regarding the minimum qualifications of the
10-11    executive director of the State Board for Educator Certification,
10-12    does not apply to the person serving as executive director of the
10-13    board immediately before the effective date of this Act.  The
10-14    change in law applies only to a person initially employed in that
10-15    capacity on or after the effective date of this Act.
10-16          SECTION 18. The change in law made by this Act by the
10-17    amendment of Section 21.041(b), Education Code, and the enactment
10-18    of Sections 21.058 and 21.059, Education Code, does not affect the
10-19    authority of the State Board for Educator Certification to take
10-20    enforcement action regarding a violation of the educator's code of
10-21    ethics that occurred before the effective date of this Act.  State
10-22    Board for Educator Certification enforcement of the educator's code
10-23    of ethics regarding an educator's conduct that occurred before the
10-24    effective date of this Act is governed by Section 21.041(b)(8),
10-25    Education Code, as it existed on the date that the conduct
10-26    occurred, and that law is continued in effect for that purpose.
10-27          SECTION 19. This Act takes effect September 1, 2001.