By: Lucio S.B. No. 265
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. Subsection (a), Section 7.056, Education Code,
is amended to read as follows:
(a) Except as provided by this subsection and Subsection
(e), a school campus or district may apply to the commissioner for a
waiver of a requirement, restriction, or prohibition imposed by
this code or rule of the board or commissioner. A waiver of a
requirement related to educator certification under Subchapter B,
Chapter 21, is governed by Section 21.059.
SECTION 2. Subsection (a), Section 21.003, Education Code,
is amended to read as follows:
(a) A person may not be employed as a teacher, teacher
intern or teacher trainee, librarian, educational aide,
administrator, educational diagnostician, or counselor by a school
district unless the person holds an appropriate certificate or
permit issued as provided by Subchapter B.
SECTION 3. Subsection (b), Section 21.031, 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 4. Subsection (a), Section 21.033, Education Code,
is amended to read as follows:
(a) The State Board for Educator Certification is composed
of 14 [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 remaining 11 [12] members are appointed by
the governor with the advice and consent of the senate, as follows:
(1) 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 one
[two] of whom is [are] not and has [have] not been employed by a
public school district or by an educator preparation program in an
institution of higher education.
SECTION 5. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0331, 21.0332, and 21.0341 to read as
follows:
Sec. 21.0331. INELIGIBILITY TO SERVE ON BOARD;
INELIGIBILITY FOR CERTAIN POSITIONS. (a) In this section, "Texas
trade association" means a cooperative and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person may not be a member of the board or act as the
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
(c) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and
its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of education;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of education.
Sec. 21.0332. TRAINING PROGRAM FOR MEMBERS OF BOARD.
(a) A person who is appointed and qualifies for office as a member
of the board may not vote, deliberate, or be counted as a member in
attendance at a meeting of the board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program,
regardless of whether attendance at the program occurs before or
after the person qualifies for office.
Sec. 21.0341. REMOVAL FROM BOARD. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications for office under Section 21.033;
(2) except as provided by Subsection (b), does not
maintain during service on the board the applicable qualifications
for office under Section 21.033;
(3) is ineligible for membership under Section
21.0331;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial portion of the
member's term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year, without an excuse approved by a majority
vote of the board.
(b) A member of the board appointed under Section
21.033(a)(1) who retires from teaching during the member's term of
office is entitled to complete the term.
(c) The validity of an action of the board is not affected by
the fact that the action was taken when a ground for removal of a
board member existed.
(d) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
SECTION 6. Sections 21.035 and 21.036, Education Code, are
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].
Sec. 21.036. OFFICERS. (a) The governor [board] shall
appoint [elect] one of the board [its] members to serve as presiding
officer of the board [for a term of two years]. The presiding
officer serves at the pleasure of the governor and is entitled to
vote on all matters before the board.
(b) The board may elect other officers from among its
membership.
SECTION 7. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0391, 21.0392, and 21.0401 to read as
follows:
Sec. 21.0391. EQUAL OPPORTUNITY EMPLOYMENT. (a) The
executive director or the executive director's designee shall
prepare and maintain a written policy statement that implements a
program of equal employment opportunity to ensure that all
personnel decisions are made without regard to race, color,
disability, sex, religion, age, or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the board to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the board's personnel is in accordance with state and federal law
and a description of reasonable methods to achieve compliance with
state and federal law.
(c) The policy statement must be:
(1) filed with the governor's office;
(2) updated annually; and
(3) reviewed by the state Commission on Human Rights
for compliance with Subsection (b)(1).
Sec. 21.0392. STATE EMPLOYEE INCENTIVE INFORMATION. The
executive director or the executive director's designee shall
provide to board employees information and training on the benefits
and methods of participating in the state employee incentive
program under Subchapter B, Chapter 2108, Government Code.
Sec. 21.0401. COLLECTION OF FINGERPRINTS REQUIRED. The
State Board for Educator Certification shall obtain a complete set
of fingerprints from:
(1) each applicant for a certificate issued under this
subchapter; and
(2) each applicant for or holder of a teaching permit
or provisional certificate issued under this subchapter.
SECTION 8. Subsections (b) and (c), Section 21.041,
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 fees [propose a rule
adopting a fee] for:
(1) the issuance and maintenance of each [an] educator
certificate, including a provisional certificate, that is adequate
to cover the cost of administration of this subchapter, including
any amount necessary to cover the cost of obtaining fingerprints
under Section 21.0401 or conducting a national criminal background
check under Section 22.082; and
(2) covering the cost of obtaining fingerprints from
or conducting a national criminal background check on a holder of a
teaching permit issued under this subchapter.
SECTION 9. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0411 through 21.0414 to read as
follows:
Sec. 21.0411. DEVELOPMENT OF RULES. (a) This section
applies to the process by which the board develops rules before the
rules are published in the Texas Register and before the board
complies with the rulemaking requirements of Chapter 2001,
Government Code. This section does not affect any duty to comply
with the rulemaking requirements of that law.
(b) The board shall establish a checklist of methods that,
to the extent appropriate, the board will follow to obtain early in
the rule development process the advice and opinions of the public
and of persons who will be most affected by a rule. The checklist
must include methods for identifying persons who will be most
affected and for soliciting at a minimum the advice and opinions of
the agency, other state agency personnel, educators, school
district administrators, and, to the extent appropriate, parents.
The checklist may include negotiated rulemaking, informal
conferences, advisory committees, and any other appropriate
method.
(c) A rule adopted by the board may not be challenged on the
grounds that the board did not comply with this section.
(d) This section does not apply to the adoption of an
emergency rule adopted in accordance with Section 2001.034,
Government Code.
Sec. 21.0412. PUBLIC TESTIMONY. The board shall develop
and implement policies designed to provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the jurisdiction of the board.
Sec. 21.0413. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the proposal of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking and alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Sec. 21.0414. TECHNOLOGY POLICY. The board shall develop
and implement a policy that requires the executive director and
board employees to research and propose appropriate technological
solutions to improve the board's ability to perform its functions.
The technological solutions must:
(1) ensure that the public is able to easily find
information about the board on the Internet;
(2) ensure that persons who want to use the board's
services are able to:
(A) interact with the board through the Internet;
and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
board's planning processes.
SECTION 10. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0421 to read as follows:
Sec. 21.0421. ACCEPTANCE OF GIFTS, GRANTS, AND DONATIONS.
(a) The board may solicit and accept gifts, grants, and donations
for the purposes of this chapter.
(b) Not later than December 31 of each year, the board shall
report to the lieutenant governor and the speaker of the house of
representatives:
(1) the source and amount of each gift, grant, and
donation accepted under this section; and
(2) the source and amount of each gift, grant, or
donation offered to but not accepted by the board.
SECTION 11. 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 12. Section 21.045, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) 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.
(e) An educator preparation program may not use a
candidate's successful performance on a practice certification
examination or similar examination as a requirement for:
(1) successful completion of the program; or
(2) taking a certification examination prescribed
under Section 21.048(a).
SECTION 13. Subsection (a), Section 21.048, 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 14. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0484 and 21.0521 to read as follows:
Sec. 21.0484. EXAMINATION RESULTS. (a) Not later than the
30th day after the date a person takes a certification examination
under this subchapter, the board shall notify the person of the
examination results.
(b) If the examination is graded or reviewed by a testing
service:
(1) the board shall notify the person of the
examination results not later than the 14th day after the date the
board receives the results from the testing service; and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
board shall notify the person of the reason for the delay before the
90th day.
(c) The board may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails a
certification examination administered under this subchapter, the
board shall furnish the person with an analysis of the person's
performance on the examination.
Sec. 21.0521. PROVISIONAL CERTIFICATE. (a) After a
satisfactory review of an applicant's educator credentials, the
board may issue a provisional certificate to an applicant who is
currently certified or licensed in good standing as an educator in
another jurisdiction, including a foreign country, that has
certification or licensing requirements that are substantially
equivalent to the requirements of this subchapter but who has not
passed an examination determined by the board to be similar to and
at least as rigorous as the examination prescribed under Section
21.048.
(b) A provisional certificate issued under this section is
valid for not longer than 12 months from the effective date of the
provisional certificate.
(c) The board shall issue a standard certificate under this
subchapter to the provisional certificate holder if the person is
eligible to be certified under Section 21.052.
SECTION 15. Subsection (a), Section 21.049, 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 16. Subsection (b), Section 21.050, 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 17. 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 18. Subsection (a), Section 21.054, 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 19. Subsections (c) and (d), Section 21.055,
Education Code, are amended to read as follows:
(c) Promptly after employing a person under this section, a
school district shall send to the board the person's fingerprints
and [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 board [commissioner].
(d) Not later than the 30th day after the date the board
[commissioner] receives the statement under Subsection (c), the
board [commissioner] may inform the district in writing that the
board [commissioner] finds the person is not qualified to teach.
The person may not teach if the board [commissioner] finds the
person is not qualified. If the board [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 20. Subsection (d), Section 21.057, 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 or a
provisional certificate issued under Section 21.0521;
(E) serving on a school district teaching permit
issued under Section 21.055; or
(F) employed under a waiver granted by the board
[commissioner] pursuant to Section 21.059 [7.056].
SECTION 21. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.058 through 21.062 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.
Sec. 21.059. WAIVER OF CERTIFICATION REQUIREMENT. A school
district may apply to the board 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. The board by rule
may adopt a system under which certificates issued by the board
expire on various dates during the year. For the year in which the
certificate expiration date is changed, the board shall prorate
certification fees on a monthly basis so that each certificate
holder pays only that portion of the fee that is allocable to the
number of months during which the certificate is valid. On renewal
of the certificate on the new expiration date, the total renewal fee
is payable.
Sec. 21.061. CERTIFICATE RENEWAL. (a) A person who is
otherwise eligible to renew a certificate may renew an unexpired
certificate by paying the required renewal fee to the board before
the expiration date of the certificate. A person whose certificate
has expired may not engage in activities that require a certificate
until the certificate has been renewed.
(b) A person whose certificate has been expired for 90 days
or less may renew the certificate by paying to the board a renewal
fee that is equal to one and one-half times the normally required
renewal fee.
(c) A person whose certificate has been expired for more
than 90 days but less than one year may renew the certificate by
paying to the board a renewal fee that is equal to two times the
normally required renewal fee.
(d) A person whose certificate has been expired for one year
or more may not renew the certificate. The person may obtain a new
certificate by complying with the requirements and procedures,
including the examination requirements, for obtaining an original
certificate.
(e) A person who held a certificate in this state, moved to
another state, and currently holds a certificate and has been in
practice in the other state for the two years preceding the date of
application may obtain a new certificate without reexamination.
The person must pay to the board a fee that is equal to two times the
normally required renewal fee for the certificate.
(f) Not later than the 30th day before the date a person's
certificate is scheduled to expire, the board shall send written
notice of the impending expiration to the person at the person's
last known address according to the records of the board.
Sec. 21.062. REVOCATION, MODIFICATION, OR SUSPENSION OF
CERTIFICATE. (a) The board shall 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) The board may place on probation a person whose
certificate has been suspended. If a certificate suspension is
probated, the board may require the person:
(1) to report regularly to the board on matters that
are the basis of the probation;
(2) to limit practice to the areas prescribed by the
board; or
(3) to continue or review professional education until
the person attains a degree of skill satisfactory to the board in
those areas that are the basis of the probation.
SECTION 22. Subsection (c), Section 21.553, 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 23. 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. The
board shall require an applicant to pay any costs related to
obtaining criminal history information under this section.
SECTION 24. Section 411.090, Government Code, is amended to
read as follows:
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
AND FINGERPRINTS: STATE BOARD FOR EDUCATOR CERTIFICATION.
(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.
(b) Criminal history record information obtained by the
board under Subsection (a):
(1) may be used for any purpose related to the
issuance, denial, suspension, or cancellation of a certificate
issued by the board; and
(2) may not be released to any person except on court
order or with the consent of the applicant for a certificate[; and
[(3) shall be destroyed by the board after the
information is used for the authorized purposes].
(c) The State Board for Educator Certification may keep on
file with the department all fingerprints obtained by the board
under Section 21.0401, Education Code. The department shall notify
the board of the arrest of any educator who has fingerprints on file
with the department.
(d) In this section, "educator" has the meaning assigned by
Section 5.001, Education Code.
SECTION 25. Section 21.042, Education Code, is repealed.
SECTION 26. Not later than January 1, 2004, the executive
director of the State Board for Educator Certification or the
executive director's designee shall prepare the written policy
statement required by Section 21.0391, Education Code, as added by
this Act.
SECTION 27. (a) Not later than January 1, 2004, the State
Board for Educator Certification shall adopt [propose] rules
governing the certification of educational diagnosticians.
Subsection (a), Section 21.003, Education Code, as amended by this
Act, applies only to the employment of an educational diagnostician
by a school district on or after September 1, 2004.
(b) The position on the State Board for Educator
Certification that is filled by a citizen member and has a term
scheduled to expire February 1, 2005, is abolished September 1,
2003.
(c) Sections 21.0331 and 21.0332, Education Code, as added
by this Act, do not affect the entitlement of a person serving as a
member of the State Board for Educator Certification immediately
before September 1, 2003, to continue to serve and function as a
member of the board for the remainder of the person's term.
Sections 21.0331 and 21.0332, Education Code, as added by this Act,
apply only to a person appointed to the State Board for Educator
Certification on or after September 1, 2003.
(d) Section 21.0484, Education Code, as added by this Act,
applies only to an examination administered under Subchapter B,
Chapter 21, Education Code, on or after September 1, 2003.
(e) 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.
(f) Section 21.061, Education Code, as added by this Act,
applies to fees for renewal of a certificate under Subchapter B,
Chapter 21, Education Code, that expires on or after September 1,
2003. Fees for renewal of a certificate that expired before that
date are governed by the law in effect on the date the certificate
expired, and the former law is continued in effect for that purpose.
SECTION 28. This Act takes effect September 1, 2003.