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.