By Lewis of Orange H.B. No. 3167
77R3545 KKA-D
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. The board may not adopt rules that have the effect of
2-4 interfering with the operation of school districts.
2-5 SECTION 4. Section 21.039, Education Code, is amended to read
2-6 as follows:
2-7 Sec. 21.039. EXECUTIVE DIRECTOR; PERSONNEL. (a) The board
2-8 shall employ an executive director with substantial experience in
2-9 public school classroom teaching and administration. Subject to
2-10 legislative approval through the appropriations process, the board
2-11 shall set the executive director's salary at a level adequate to
2-12 enable the board to attract and employ a person with the experience
2-13 required by this subsection.
2-14 (b) The executive director shall:
2-15 (1) perform duties as assigned by the board or
2-16 specified by law;
2-17 (2) administer and enforce all laws and rules
2-18 implemented by the board;
2-19 (3) issue the certificates authorized under this
2-20 subchapter; and
2-21 (4) hire and dismiss the employees of the board.
2-22 SECTION 5. Sections 21.041(b) and (c), Education Code, are
2-23 amended to read as follows:
2-24 (b) The board shall adopt [propose] rules that:
2-25 (1) provide for the regulation of educators and the
2-26 general administration of this subchapter in a manner consistent
2-27 with this subchapter;
3-1 (2) specify the classes of educator certificates to be
3-2 issued, including emergency certificates;
3-3 (3) specify the period for which each class of
3-4 educator certificate is valid;
3-5 (4) specify the requirements for the issuance and
3-6 renewal of an educator certificate;
3-7 (5) provide for the issuance of an educator
3-8 certificate to a person who holds a similar certificate issued by
3-9 another state or foreign country, subject to Section 21.052;
3-10 (6) provide for special or restricted certification of
3-11 educators, including certification of instructors of American Sign
3-12 Language;
3-13 (7) provide for disciplinary proceedings, including
3-14 the suspension or revocation of an educator certificate, as
3-15 provided by Chapter 2001, Government Code;
3-16 (8) provide for the adoption, amendment, and
3-17 enforcement of an 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. Section 54.214(c), Education Code, is amended to
6-10 read as follows:
6-11 (c) To be eligible for an exemption under this section, a
6-12 person must:
6-13 (1) be a resident of this state;
6-14 (2) [be certified as an educational aide by the State
6-15 Board for Educator Certification;]
6-16 [(3)] have at least two school years of experience as
6-17 an [a certified] educational aide working directly with students in
6-18 a school district;
6-19 (3) [(4)] be employed as an [a certified] educational
6-20 aide working directly with students in a school district during the
6-21 entire term or semester for which the person receives the
6-22 exemption;
6-23 (4) [(5)] establish financial need as determined by
6-24 coordinating board rule;
6-25 (5) [(6)] be enrolled in classes necessary for
6-26 certification as a teacher at the institution of higher education
6-27 granting the exemption;
7-1 (6) [(7)] maintain an acceptable grade point average
7-2 as determined by coordinating board rule; and
7-3 (7) [(8)] comply with any other requirements adopted
7-4 by the coordinating board under this section.
7-5 SECTION 15. Section 21.042, Education Code, is repealed.
7-6 SECTION 16. A rule proposed by the State Board for Educator
7-7 Certification that has not taken effect or been rejected by the
7-8 State Board of Education before the effective date of this Act
7-9 takes effect as provided by Chapter 2001, Government Code,
7-10 regardless of the date on which the State Board for Educator
7-11 Certification proposed the rule.
7-12 SECTION 17. Not later than October 1, 2001, the State Board
7-13 for Educator Certification shall ensure that the person serving as
7-14 executive director of the board has the qualifications required by
7-15 Section 21.039, Education Code, as amended by this Act.
7-16 SECTION 18. This Act takes effect September 1, 2001.