78R3525 BDH-D
By: Grusendorf H.B. No. 684
A BILL TO BE ENTITLED
AN ACT
relating to continuation and functions of the State Board for
Educator Certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.031(b), Education Code, is amended to
read as follows:
(b) In adopting [proposing] rules under this subchapter,
the board shall ensure that all candidates for certification or
renewal of certification demonstrate the knowledge and skills
necessary to improve the performance of the diverse student
population of this state.
SECTION 2. Section 21.033(a), Education Code, is amended to
read as follows:
(a) The State Board for Educator Certification is composed
of 15 members. The commissioner of education shall appoint an
employee of the agency to represent the commissioner as a nonvoting
member. The commissioner of higher education shall appoint an
employee of the Texas Higher Education Coordinating Board to
represent the commissioner as a nonvoting member. The governor
shall appoint a dean of a college of education in this state as a
nonvoting member. The State Board of Education shall appoint two
members, who may be appointed from among the membership of the State
Board of Education. The remaining 10 [12] members are appointed by
the governor with the advice and consent of the senate, as follows:
(1) three [four] members must be teachers employed in
public schools;
(2) two members must be public school administrators;
(3) one member must be a public school counselor; and
(4) four [five] members must be citizens, three of
whom are not and have not, in the five years preceding appointment,
been employed by a public school district or by an educator
preparation program in an institution of higher education and two
of whom are not and have not been employed by a public school
district or by an educator preparation program in an institution of
higher education.
SECTION 3. Sections 21.034(a) and (b), Education Code, are
amended to read as follows:
(a) The board members appointed by the State Board of
Education and the governor hold office for staggered terms of six
years with the terms of one-third of the members expiring on
February 1 of each odd-numbered year. A member appointed by the
commissioner of education or the commissioner of higher education
serves at the will of the appointing commissioner.
(b) In the event of a vacancy during a term of a member
appointed by the State Board of Education or the governor, the State
Board of Education or the governor, as appropriate, shall appoint a
replacement who meets the qualifications of the vacated office to
fill the unexpired portion of the term.
SECTION 4. Section 21.035, Education Code, is amended to
read as follows:
Sec. 21.035. APPLICATION OF SUNSET ACT. The board is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished and this subchapter expires September 1, 2015 [2003].
SECTION 5. Sections 21.041(b) and (c), Education Code, are
amended to read as follows:
(b) The board shall adopt [propose] rules that:
(1) provide for the regulation of educators and the
general administration of this subchapter in a manner consistent
with this subchapter;
(2) specify the classes of educator certificates to be
issued, including emergency certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language;
(7) provide for the investigation of complaints of
disciplinary violations, including:
(A) a deadline for each action in the
investigation of a complaint;
(B) notification requirements for each party
involved in the complaint; and
(C) a method for designating the severity of an
alleged violation that allows the board to set priorities for
conducting investigations;
(8) provide for disciplinary proceedings, including
the suspension or revocation of an educator certificate, as
provided by Chapter 2001, Government Code;
(9) [(8)] provide for the adoption, amendment, and
enforcement of an educator's code of ethics;
(10) [(9)] provide for continuing education
requirements; and
(11) [(10)] provide for certification of persons
performing appraisals under Subchapter H.
(c) The board shall by rule adopt [propose a rule adopting]
a fee for the issuance and maintenance of an educator certificate
that is adequate to cover the cost of administration of this
subchapter.
SECTION 6. Section 21.044, Education Code, is amended to
read as follows:
Sec. 21.044. EDUCATOR PREPARATION. The board shall adopt
[propose] rules establishing the training requirements a person
must accomplish to obtain a certificate, enter an internship, or
enter an induction-year program. The board shall specify the
minimum academic qualifications required for a certificate.
SECTION 7. Sections 21.045(a) and (c), Education Code, are
amended to read as follows:
(a) The board shall adopt [propose] rules establishing
standards to govern the approval and continuing accountability of
all educator preparation programs based on information that is
disaggregated with respect to sex and ethnicity and that includes:
(1) results of the certification examinations
prescribed under Section 21.048(a); and
(2) performance based on the appraisal system for
beginning teachers adopted by the board.
(c) The board shall adopt [propose] rules establishing
performance standards for the Accountability System for Educator
Preparation for accrediting educator preparation programs. At a
minimum, performance standards must be based on Subsection (a).
The board shall adopt [propose] rules for the sanction of educator
preparation programs and shall annually review the accreditation
status of each educator preparation program.
SECTION 8. Section 21.048(a), Education Code, is amended to
read as follows:
(a) The board shall adopt [propose] rules prescribing
comprehensive examinations for each class of certificate issued by
the board.
SECTION 9. Section 21.049(a), Education Code, is amended to
read as follows:
(a) To provide a continuing additional source of qualified
educators, the board shall adopt [propose] rules providing for
educator certification programs as an alternative to traditional
educator preparation programs. The rules may not provide that a
person may be certified under this section only if there is a
demonstrated shortage of educators in a school district or subject
area.
SECTION 10. Section 21.050(b), Education Code, is amended
to read as follows:
(b) The board may not require more than 18 semester credit
hours of education courses at the baccalaureate level for the
granting of a teaching certificate. The board shall provide for a
minimum number of semester credit hours of internship to be
included in the hours needed for certification. The board may adopt
[propose] rules requiring additional credit hours for
certification in bilingual education, English as a second language,
early childhood education, or special education.
SECTION 11. Section 21.051, Education Code, is amended to
read as follows:
Sec. 21.051. OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.
The board shall adopt [propose] rules providing flexible options
for persons for any field experience or internship required for
certification.
SECTION 12. Section 21.054(a), Education Code, is amended
to read as follows:
(a) The board shall adopt [propose] rules establishing a
process for identifying continuing education courses and programs
that fulfill educators' continuing education requirements.
SECTION 13. Section 21.055, Education Code, is amended by
amending Subsections (c) and (d) and adding Subsection (c-1) to
read as follows:
(c) Promptly after employing a person under this section, a
school district shall send to the board and the commissioner a
written statement identifying the person, the person's
qualifications as a teacher, and the subject or class the person
will teach. The person may teach the subject or class pending
action by the commissioner.
(c-1) Promptly after receiving a statement under Subsection
(c), the board shall request criminal history record information
under Section 411.090, Government Code, that relates to the person.
Not later than the 5th day after the date the board receives the
criminal history record information, the board shall provide the
information to the commissioner and the district employing the
person.
(d) Not later than the 45th [30th] day after the date the
commissioner receives the statement under Subsection (c), the
commissioner may inform the district in writing that the
commissioner finds the person is not qualified to teach. The person
may not teach if the commissioner finds the person is not qualified.
If the commissioner fails to act within the time prescribed by this
subsection, the district may issue to the person a school district
teaching permit and the person may teach the subject or class
identified in the statement.
SECTION 14. Section 21.057(d), Education Code, is amended
to read as follows:
(d) For purposes of this section, "inappropriately
certified or uncertified teacher":
(1) includes:
(A) an individual serving on an emergency
certificate issued under Section 21.041(b)(2); or
(B) an individual who does not hold any
certificate or permit issued under this chapter and is not employed
as specified by Subdivision (2)(E); and
(2) does not include an individual:
(A) who is a certified teacher assigned to teach
a class or classes outside his or her area of certification, as
determined by rules adopted [proposed] by the board in specifying
the certificate required for each assignment;
(B) serving on a certificate issued due to a
hearing impairment under Section 21.048;
(C) serving on a certificate issued pursuant to
enrollment in an approved alternative certification program under
Section 21.049;
(D) certified by another state or country and
serving on a certificate issued under Section 21.052;
(E) serving on a school district teaching permit
issued under Section 21.055; or
(F) employed under a waiver granted by the
commissioner pursuant to Section 7.056.
SECTION 15. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.058 to read as follows:
Sec. 21.058. COMPLAINTS. (a) The board shall maintain a
file on each written complaint filed with the board.
(b) The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint.
(c) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution.
(d) The board, at least quarterly until final disposition of
the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
SECTION 16. Section 21.553(c), Education Code, is amended
to read as follows:
(c) The State Board for Educator Certification shall adopt
[propose] rules establishing criteria for awarding financial
incentives under this section, including criteria for awarding
financial incentives if there are more participants than funds
available to provide the financial incentives.
SECTION 17. Section 22.082, Education Code, is amended to
read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
BOARD FOR EDUCATOR CERTIFICATION. The State Board for Educator
Certification shall obtain from any law enforcement or criminal
justice agency all state and national criminal history record
information that relates to an applicant for or holder of a
certificate or permit issued under Subchapter B, Chapter 21,
including a teaching permit issued by a school district. The board
shall require an applicant to pay any costs related to obtaining
criminal history information under this section.
SECTION 18. Section 411.090(a), Government Code, is amended
to read as follows:
(a) The State Board for Educator Certification is entitled
to obtain from the department any criminal history record
information maintained by the department about a person who has
applied to the board for a certificate or permit under Subchapter B,
Chapter 21, Education Code.
SECTION 19. Section 21.042, Education Code, is repealed.
SECTION 20. (a) Except as provided by Subsection (b) of
this section, the State Board of Education shall make its initial
appointments to the State Board for Educator Certification by
appointing persons to replace the members appointed by the governor
under Sections 21.033(a)(1) and (4), Education Code, as that
section existed before amendment by this Act, whose terms expire
February 1, 2005.
(b) Notwithstanding Section 21.034(b), Education Code, as
amended by this Act, if a vacancy occurs before February 1, 2005, on
the State Board for Educator Certification in a position described
by Subsection (a) of this section, the State Board of Education
shall appoint a person as provided by Section 21.033(a), Education
Code, as amended by this Act, to serve the remainder of the term of
the vacated position.
SECTION 21. Section 21.058, Education Code, as added by
this Act, applies only to a complaint filed with the State Board for
Educator Certification on or after September 1, 2003, regardless of
whether the conduct or act that is the subject of the complaint
occurred or was committed before, on, or after that date.
SECTION 22. This Act takes effect September 1, 2003.