SRC-AMY C.S.S.B. 265 78(R) BILL ANALYSIS
Senate Research CenterC.S.S.B. 265
78R7045 BDH-DBy: Lucio
Government Organization
3-21-2003
Committee Report (Substituted)
DIGEST AND PURPOSE
Currently, the State Board for Educator Certification (SBEC) oversees the
preparation and regulation of public school educators. SBEC ensures the
quality of educators when they enter the profession, enforces professional
standards of conduct, promotes professional development, and assists in
creating strategies to recruit and retain educators.
C.S.S.B. 265 contains the recommendations of the Sunset Commission to
continue SBEC as a separate agency. This bill decreases the number of
members on the SBEC member from 15 to 14 by abolishing the citizen-held
seat with a term expiring on February 1, 2005, on September 1, 2003. This
bill also removes the State Board of Education's oversight over SBEC
rules, and provides for interested parties to have input into the
development of SBEC rules. This bill provides for fingerprinting of
applicants; for national and state criminal history background check, to
be paid for by an applicant; and the development of a written
nondiscrimination policy. C.S.S.B. 265 continues SBEC as a separate
agency for 12 years.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the State Board for Educator
Certification is modified in SECTION 7 (Section 21.041, Education Code)
and rulemaking authority is expressly granted to the State Board for
Educator Certification in SECTION 13 (Section 21.060, Education Code) and
SECTION 18, of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 7.056(a), Education Code, to include the
subsection as providing an exception to a school district's or campus's
authorization to apply for a requirement, restriction, or prohibition
waiver. Includes that a waiver of a requirement related to educator
certification under Chapter 21B is governed by Section 21.059 (Waiver of
Certification Requirement).
SECTION 2. Amends Section 21.003(a), Education Code, to provide that a
person may not be employed as an educational diagnostician without the
appropriate certification or permit.
SECTION 3. Amends Section 21.033(a), Education Code, to decrease the
number of members of the State Board for Educator Certification (SBEC)
from 15 to 14.
SECTION 4. Amends Chapter 21B, Education Code, by adding Sections
21.0331, 21.0332, and 21.0341, as follows:
Sec. 21.0331. INELIGIBILITY TO SERVE ON BOARD; INELIGIBILITY FOR CERTAIN
POSITIONS. (a) Defines "Texas trade association."
(b) Prohibits a person from serving as a member of the SBEC or as general
counsel if that person is required to register as a lobbyist because of
activities for compensation on behalf of a profession related to the
operation of the board.
(c) Prohibits a person from serving as a member of SBEC or a board
employee employed in a position that is exempt from the overtime
provisions of the federal Fair Labor Standards Act if that person meets
certain criteria.
Sec. 21.0332. TRAINING PROGRAM FOR MEMBERS OF BOARD. (a) Prohibits a
qualified SBEC appointee from voting, deliberating, or being counted as a
member in attendance at a meeting of SBEC until completing a training
program that complies with this section.
(b) Requires the training program to provide the person with certain
information.
(c) Provides that an SBEC appointee is entitled to reimbursement, as
provided by the General Appropriations Act, for travel expenses incurred
in attending the training program, regardless of whether the attendance
occurs before or after the person qualifies for office.
Sec. 21.0341. REMOVAL FROM BOARD. (a) Sets forth criteria for grounds
for removal from SBEC.
(b) Provides that a board member appointed under Section 21.033(a)(1)
(State Board for Educator Certification) who retires during the member's
term is entitled to finish the term.
(c) Provides that the validity of a board action is not affected by the
fact that the action was taken when a ground for removal of a board member
existed.
(d) Requires the executive director to inform the presiding officer, who
in turn is required to inform the governor and the attorney general, if
the executive director knows that a potential ground for removal exists.
Requires the executive director to notify the next highest officer of the
board, who in turn is required to inform the governor and the attorney
general, if the potential ground for removal involves the presiding
officer.
SECTION 5. Amends Sections 21.035 and 21.036, Education Code, as follows:
Sec. 21.035. APPLICATION OF SUNSET ACT. Redesignates SBEC's sunset date
from 2003 to 2015.
Sec. 21.036. OFFICERS. (a) Creates this subsection from existing text.
Requires the governor to appoint, rather than SBEC to elect, a member to
serve as presiding officer of the board. Deletes text referring to the
length of the presiding officer's term. Includes that the presiding
officer serves at the pleasure of the governor, and is entitled to vote on
all matters before the board.
(b) Creates this subsection from existing text.
SECTION 6. Amends Chapter 21B, Education Code, by adding Sections
21.0391, 21.0392, and 21.0401, as follows:
Sec. 21.0391. EQUAL OPPORTUNITY EMPLOYMENT. (a) Requires the executive
director, or the executive director's designee, to prepare and maintain a
written policy statement that implements an equal employment opportunity
program to ensure that all personnel decisions are made without regard to
race, color, disability, sex, religion, age, or national origin.
(b) Sets forth the required content of the statement.
(c) Provides that the policy statement must be filed with the governor's
office, updated annually, and reviewed by the Commission on Human Rights.
Sec. 21.0392. STATE EMPLOYEE INCENTIVE INFORMATION. Requires the
executive director, or the executive director's designee, to provide to
SBEC employees information and training on the benefits and methods for
participating in the state employee incentive program under Chapter 2108B,
Government Code (State Employee Incentive Program).
Sec. 21.0401. COLLECTION OF FINGERPRINTS REQUIRED. Requires SBEC to
obtain a complete set of fingerprints from certain persons.
SECTION 7. Amends Sections 21.041(b) and (c), Education Code, as follows:
(b) Includes rules that provide for the investigation of complaints of
disciplinary violations in the rules SBEC is required to propose.
Redesignates Subdivisions (7) - (10) as Subdivisions (8) (11). Makes a
nonsubstantive change.
(c) Requires SBEC to propose rules regarding adopting fees to issue and
maintain each educator certificate, including a provisional certificate,
adequate to cover the cost of administering this subchapter, including the
cost of obtaining fingerprints or conducting a national criminal
background check on certain persons.
SECTION 8. Amends Chapter 21B, Education Code, by adding Sections
21.0411-21.0413, as follows:
Sec. 21.0411. PUBLIC TESTIMONY. Requires SBEC to develop and implement
policies to provide the public a reasonable opportunity to speak before
the SBEC on any issue under SBEC's jurisdiction.
Sec. 21.0412. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.
(a) Requires SBEC to develop and implement a policy to encourage the use
of certain rulemaking and alternative dispute resolution procedures.
(b) Requires the alternative dispute resolution procedures to conform, to
the extent possible, to the State Office of Administrative Hearings
guidelines.
(c) Requires SBEC to designate a trained person to perform certain duties
related to alternative dispute resolution.
Sec. 21.0413. TECHNOLOGY POLICY. Requires SBEC to develop and implement
a policy requiring the executive director and SBEC employees to
investigate and propose appropriate technological solutions to increase
the SBEC's efficiency. Sets forth requirements regarding the solutions.
SECTION 9. Amends Chapter 21B, Education Code, by adding Section 21.0421,
as follows:
Sec. 21.0421. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS. (a) Authorizes
SBEC to solicit and accept gifts, grants and donations for the purposes of
this chapter.
(b) Requires SBEC to report certain information regarding gifts, grants,
and donations to the lieutenant governor and speaker of the house of
representatives not later than December 31 of each year.
SECTION 10. Amends Chapter 21B, Education Code, by adding Sections
21.0484 and 21.0521, as follows:
Sec. 21.0484. EXAMINATION RESULTS. (a) Requires SBEC to notify a person
of his or her examination results not later than the 30th day after taking
the certification exam under this chapter.
(b) Sets forth the procedural requirements if the examination is graded by
a testing service.
(c) Authorizes SBEC to require a testing service to notify a person of his
or her results.
(d) Requires SBEC to furnish an examination performance analysis, upon
written request, to a person who failed the exam.
Sec. 21.0521. PROVISIONAL CERTIFICATE. (a) Authorizes SBEC to issue a
provisional certificate, after a satisfactory review of an applicant's
educator credentials, to an applicant currently certified or licensed in
good standing as an educator in another jurisdiction, including a foreign
country, that has substantially equivalent requirements to this chapter
but who has not passed an exam determined by SBEC to be similar to and at
least as rigorous as the exam prescribed under Section 21.048
(Certification Examinations).
(b) Provides that a provisional certificate is valid for 12 months from
the effective date.
(c) Requires SBEC to issue a standard certificate to the provisional
certificate holder if the person is eligible for certification under
Section 21.052 (Certification of Educators From Outside the State).
SECTION 11. Amends Sections 21.055(c) and (d), Education Code, include a
requirement that a school district provide to SBEC, rather than the
commissioner of education or the commissioner's designee, with an
employee's fingerprints. Makes conforming changes.
SECTION 12. Amends Section 21.057(d), Education Code, to redefine
"inappropriately certified or uncertified teacher."
SECTION 13. Amends Chapter 21B, Education Code, by adding Sections
21.058-21.062, as follows:
Sec. 21.058 COMPLAINTS. (a) Requires SBEC to maintain a file on each
written complaint filed with SBEC.
(b) Sets forth the required contents of the file.
(c) Requires SBEC to provide a copy of its complaint investigation and
resolution policies and procedures to the person filing the complaint and
to each person who is the subject of the complaint.
(d) Requires SBEC to notify the complainant and each subject of the
complaint the status of the investigation at least quarterly until final
disposition of the complaint, unless the notice would jeopardize an
undercover investigation.
Sec. 21.059. WAIVER OF CERTIFICATION REQUIREMENT. Authorizes a school
district to apply to SBEC for a waiver of a requirement under this
subchapter that prohibits a teacher from teaching outside the teacher's
area of certification.
Sec. 21.060. EXPIRATION OF CERTIFICATES. Authorizes SBEC to adopt, by
rule, a system for certificates to expire on various dates during the
year. Requires SBEC to prorate the fees for the year in which the
expiration date is changed. Provides that the total renewal fee is
payable on renewal of the certificate on the new expiration date.
Sec. 21.061. CERTIFICATE RENEWAL. (a) Authorizes a person otherwise
eligible to renew a certificate to renew an unexpired certificate by
paying the required fee to SBEC before the expiration date. Prohibits a
person whose certificate has expired from engaging in activities
requiring a certificate, until it is renewed.
(b) Authorizes a person to renew a certificate that has been expired for
90 days or less by paying one-and-one-half the normal renewal fee.
(c) Authorizes a person to renew a certificate that has been expired for
more than 90 days but less than one year by paying twice the normal
renewal fee.
(d) Prohibits a person from renewing a certificate that has been expired
for more than one year. Authorizes the person to obtain a new certificate
by complying with all requirements and procedures for obtaining an
original certificate.
(e) Authorizes a person previously certified in this state, who moved to
another state, and currently holds a certificate and has been in practice
in another state for two years preceding the application, to obtain a new
certificate without an examination. Requires the person to pay twice the
normal renewal fee for the certificate.
(f) Requires SBEC to notify the person in writing of the impending
certificate expiration at the person's last known address not later than
the 30th day before the expiration date.
Sec. 21.062. REVOCATION, MODIFICATION, OR SUSPENSION OF CERTIFICATE. (a)
Requires SBEC to revoke, suspend, or refuse to renew a certificate or
reprimand a certificate holder for a violation of this subchapter or a
rule of the board.
(b) Authorizes SBEC to place on probation a person whose certificate has
been suspended. Sets forth SBEC's requirements of a person whose
certificate suspension is probated.
SECTION 14. Amends Section 22.082, Education Code, to require SBEC to
obtain both state and national criminal history record information
relating to an applicant for or holder of a permit, as well as a
certificate. Requires SBEC to require an applicant to pay the costs of
obtaining that criminal history information.
SECTION 15. Amends Section 411.090, Government Code, as follows:
Sec. 411.090. New heading: ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
AND FINGERPRINTS: STATE BOARD FOR EDUCATOR CERTIFICATION. (a) Makes a
conforming and a nonsubstantive change.
(b) Deletes text referring to the destruction of criminal history record
information. Makes a nonsubstantive change.
(c) Authorizes SBEC to keep on file with the Department of Public Safety
(DPS) all fingerprints obtained under Section 21.0401, Education Code
(Rules; Fees). Requires DPS to notify SBEC of the arrest of any educator
who has fingerprints on file with DPS.
(d) Provides that "educator" has the meaning assigned by Section 5.001,
Education Code (Definitions).
SECTION 16. Repealer: Section 21.042, Education Code (Approval Of Rules).
SECTION 17. Requires the executive director of SBEC, or the designee
thereof, to prepare the written policy statement required by Section
21.0391, Education Code (Equal Opportunity Employment), as added by this
Act, not later than January 1, 2004.
SECTION 18. (a) Requires SBEC to propose rules to govern certification of
diagnosticians not later than January 1, 2004. Makes application of
Section 21.003(a), Education Code (providing that a person may not be
employed as an educational diagnostician without the appropriate
certification or permit), as amended by this Act, prospective to September
1, 2004.
(b) Abolishes the position on the SBEC filled by a citizen with a term
expiring February 1, 2005, on September 1, 2003.
(c) Makes application of Sections 21.0331 (Ineligibility to Serve on
Board; Ineligibility for Certain Positions) and 21.0332 (Training Program
for Members of Board), Education Code, as added by this Act, prospective
to September 1, 2003.
(d) Makes application of Section 21.0484 (Examination Results), Education
Code, as added by this Act, prospective.
(e) Makes application of Section 21.058 (Complaints), Education Code, as
added by this Act, prospective.
(f) Makes application Section 21.061 (Certificate Renewal)Education Code,
as added by this Act, prospective.
SECTION 19. Effective date: September 1, 2003.
SUMMARY OF COMMITTEE CHANGES
Differs from the original by inserting a new SECTION 3 and redesignating
existing SECTIONS 3 - 18 as SECTIONS 4 - 19.
Differs from the original in SECTION 8 by deleting proposed Section
21.0411 (Development of Proposed Rules), Education Code, and redesignating
proposed Sections 21.0412 - 21.0414 as Sections 21.0411 - 21.0413.
Differs from the original in SECTION 16 by repealing Section 21.042
(Approval of Rules), Education Code, rather than amending it.
Differs from the original in SECTION 18 by adding a new Subsection (b)
abolishing the position on the SBEC filled by a citizen with a term
expiring February 1, 2005, on September 1, 2003, and redesignating
Subsections (b) - (e) as Subsections (c) - (f).