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.