78R17047 BDH-F
By: Lucio S.B. No. 265
Substitute the following for S.B. No. 265:
By: Grusendorf C.S.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. Section 21.003, Education Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) Except as otherwise provided by Subsection (c), a [A]
person may not be employed as a teacher, teacher intern or teacher
trainee, librarian, educational aide, administrator, or counselor
by a school district unless the person holds an appropriate
certificate or permit issued as provided by Subchapter B.
(c) A district may employ as a superintendent a person who
does not hold a certificate issued under Subchapter B if:
(1) the board of trustees of the district determines
that the person has significant experience as a chief executive of a
business or as an administrator of a large organization, including
a military or nonprofit organization;
(2) the person holds an advanced degree from an
institution of higher education; and
(3) the person complies with all requirements adopted
by the commissioner for first-time superintendents.
(d) The agency may issue a superintendent certificate to a
person described by Subsection (c).
SECTION 2. Section 21.004(c), Education Code, is amended to
read as follows:
(c) The commissioner, in cooperation with the commissioner
of higher education and the [executive director of the] State Board
for Educator Certification, shall annually identify the need for
teachers in specific subject areas and geographic regions and among
underrepresented groups. The commissioner shall give priority to
developing and implementing recruitment programs to address those
needs from the agency's discretionary funds.
SECTION 3. Section 21.033(a), Education Code, is amended to
read as follows:
(a) The State Board for Educator Certification is composed
of nine [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 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) four [two] members must be public school
administrators; and
(3) one member must be a citizen who is [public school
counselor; and
[(4) five members must be citizens, three of whom are]
not and has [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 4. 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 a member of the board has knowledge that a potential
ground for removal of any member exists, the member 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
member 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 5. 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 6. Section 21.040, Education Code, is amended to
read as follows:
Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board
shall:
(1) [supervise the executive director's performance;
[(2)] approve an operating budget for the board and
make a request for appropriations;
(2) [(3)] appoint the members of any advisory
committee to the board;
(3) [(4) for each class of educator certificate,
appoint an advisory committee composed of members of that class to
recommend standards for that class to the board;
[(5)] provide to its members and employees, as often
as necessary, information regarding their qualifications for
office or employment under this chapter and their responsibilities
under applicable laws relating to standards of conduct for state
officers or employees;
(4) [(6)] develop and implement policies that clearly
define the respective responsibilities of the board and the board's
staff;
(5) [(7)] file annually with the governor and the
presiding officer of each house of the legislature a complete and
detailed written report, in the form and within the time provided by
the General Appropriations Act, accounting for all funds received
and disbursed by the board during the preceding fiscal year; and
(6) [(8)] execute interagency contracts to perform
routine administrative functions.
SECTION 7. Section 21.041, Education Code, is amended by
amending Subsections (b) and (c) and adding Subsection (b-1) to
read as follows:
(b) The commissioner [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; and
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language. [;]
(b-1) The board shall adopt rules that:
(1) [(7)] provide for disciplinary proceedings,
including the suspension or revocation of an educator certificate,
as provided by Chapter 2001, Government Code;
(2) [(8)] provide for the adoption, amendment, and
enforcement of an educator's code of ethics;
(3) [(9)] provide for continuing education
requirements; and
(4) [(10)] provide for certification of persons
performing appraisals under Subchapter H.
(c) The commissioner [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 8. Section 21.045, Education Code, is amended to
read as follows:
Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR
PREPARATION PROGRAMS. (a) The commissioner [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 agency [board].
(b) Each educator preparation program shall submit data
elements as required by the commissioner [board] for an annual
performance report to ensure access and equity. At a minimum, the
annual report must contain the performance data from Subsection (a)
and the following information, disaggregated by sex and ethnicity:
(1) the number of candidates who apply;
(2) the number of candidates admitted;
(3) the number of candidates retained;
(4) the number of candidates completing the program;
(5) the number of candidates employed in the
profession after completing the program; and
(6) the number of candidates retained in the
profession.
(c) The commissioner [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 commissioner [board] shall adopt [propose]
rules for the sanction of educator preparation programs and shall
annually review the accreditation status of each educator
preparation program.
(d) The commissioner [executive director of the board]
shall appoint an oversight team of educators to make
recommendations and provide assistance to educator preparation
programs that do not meet accreditation standards. If, after one
year, an educator preparation program has not fulfilled the
recommendations of the oversight team, the commissioner [executive
director] shall appoint a person to administer and manage the
operations of the program. If the program does not improve after
two years, the commissioner [board] shall revoke the approval of
the program to prepare educators for state certification.
SECTION 9. Sections 21.047(a) and (b), Education Code, are
amended to read as follows:
(a) The agency [board] may develop the process for the
establishment of centers for professional development through
institutions of higher education for the purpose of integrating
technology and innovative teaching practices in the preservice and
staff development training of public school teachers and
administrators. An institution of higher education with a teacher
education program may develop a center through a collaborative
process involving public schools, regional education service
centers, and other entities or businesses. A center may contract
with other entities to develop materials and provide training.
(b) On application by a center, the commissioner [board]
shall make grants to the center for its programs from funds derived
from gifts, grants, and legislative appropriations for that
purpose. The commissioner [board] shall award the grants on a
competitive basis according to requirements established by the
commissioner [board] rules.
SECTION 10. Sections 21.048(a)-(c), Education Code, are
amended to read as follows:
(a) The commissioner [board] shall adopt [propose] rules
prescribing comprehensive examinations for each class of
certificate issued by the agency [board].
(b) The agency [board] may not administer a written
examination to determine the competence or level of performance of
an educator who has a hearing impairment unless the examination has
been field tested to determine its appropriateness, reliability,
and validity as applied to, and minimum acceptable performance
scores for, persons with hearing impairments.
(c) An educator who has a hearing impairment is exempt from
taking a written examination for a period ending on the first
anniversary of the date on which the agency [board] determines, on
the basis of appropriate field tests, that the examination complies
with the standards specified in Subsection (b). On application to
the agency [board], the agency [board] shall issue a temporary
exemption certificate to a person entitled to an exemption under
this subsection.
SECTION 11. Section 21.0481, Education Code, is amended to
read as follows:
Sec. 21.0481. MASTER READING TEACHER CERTIFICATION. (a)
To ensure that there are teachers with special training to work with
other teachers and with students in order to improve student
reading performance, the agency [board] shall establish a master
reading teacher certificate.
(b) The agency [board] shall issue a master reading teacher
certificate to each eligible person.
(c) To be eligible for a master reading teacher certificate,
a person must:
(1) hold a reading specialist certificate issued under
this subchapter and satisfactorily complete a course of instruction
as prescribed under Subdivision (2)(B); or
(2) hold a teaching certificate issued under this
subchapter and:
(A) have at least three years of teaching
experience;
(B) satisfactorily complete a knowledge-based
and skills-based course of instruction on the science of teaching
children to read that includes training in:
(i) effective reading instruction
techniques, including effective techniques for students whose
primary language is a language other than English;
(ii) identification of dyslexia and related
reading disorders and effective reading instruction techniques for
students with those disorders; and
(iii) effective professional peer mentoring
techniques;
(C) perform satisfactorily on the master reading
teacher certification examination prescribed by the agency
[board]; and
(D) satisfy any other requirements prescribed by
the agency [board].
SECTION 12. Section 21.0482, Education Code, as added by
Chapter 834, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
Sec. 21.0482. MASTER MATHEMATICS TEACHER CERTIFICATION.
(a) To ensure that there are teachers with special training to work
with other teachers and with students in order to improve student
mathematics performance, the agency [board] shall establish:
(1) a master mathematics teacher certificate to teach
mathematics at elementary school grade levels;
(2) a master mathematics teacher certificate to teach
mathematics at middle school grade levels; and
(3) a master mathematics teacher certificate to teach
mathematics at high school grade levels.
(b) The agency [board] shall issue the appropriate master
mathematics teacher certificate to each eligible person.
(c) To be eligible for a master mathematics teacher
certificate, a person must:
(1) hold a teaching certificate issued under this
subchapter;
(2) have at least three years of teaching experience;
(3) satisfactorily complete a knowledge-based course
of instruction on the science of teaching children mathematics that
includes training in mathematics instruction and professional peer
mentoring techniques that, through scientific testing, have been
proven effective;
(4) perform satisfactorily on the appropriate master
mathematics teacher certification examination prescribed by the
agency [board]; and
(5) satisfy any other requirements prescribed by the
agency [board].
(d) The course of instruction prescribed under Subsection
(c)(3) shall be developed by the agency [board] in consultation
with mathematics and science faculty members at institutions of
higher education.
SECTION 13. Section 21.0482, Education Code, as added by
Chapter 1301, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
Sec. 21.0482. MASTER TECHNOLOGY TEACHER CERTIFICATION. (a)
To ensure that there are teachers with special training to work with
other teachers and with students in order to increase the use of
technology in each classroom, the agency [board] shall establish a
master technology teacher certificate.
(b) The agency [board] shall issue a master technology
teacher certificate to each eligible person.
(c) To be eligible for a master technology teacher
certificate, a person must:
(1) hold a technology applications or Technology
Education certificate issued under this subchapter, satisfactorily
complete the course of instruction prescribed under Subdivision
(2)(B), and satisfactorily perform on the examination prescribed
under Subdivision (2)(C); or
(2) hold a teaching certificate issued under this
subchapter and:
(A) have at least three years of teaching
experience;
(B) satisfactorily complete a knowledge-based
and skills-based course of instruction on interdisciplinary
technology applications and the science of teaching technology that
includes training in:
(i) effective technology instruction
techniques, including applications designed to meet the
educational needs of students with disabilities;
(ii) classroom teaching methodology that
engages student learning through the integration of technology;
(iii) digital learning competencies,
including Internet research, graphics, animation, website
mastering, and video technologies;
(iv) curriculum models designed to prepare
teachers to facilitate an active student learning environment; and
(v) effective professional peer mentoring
techniques;
(C) satisfactorily perform on an examination
developed in cooperation with the Telecommunications
Infrastructure Fund Board and administered at the conclusion of the
course of instruction prescribed under Paragraph (B); and
(D) satisfy any other requirements prescribed by
the agency [board].
(d) The agency [board] may provide technology applications
training courses under Subsection (c)(2)(B) in cooperation with:
(1) regional education service centers; and
(2) other public or private entities, including any
state council on technology.
SECTION 14. Section 21.049, Education Code, is amended to
read as follows:
Sec. 21.049. ALTERNATIVE CERTIFICATION. (a) To provide a
continuing additional source of qualified educators, the
commissioner [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.
(b) The agency [board] may not require a person employed as
a teacher in an alternative education program under Section 37.008
or a juvenile justice alternative education program under Section
37.011 for at least three years to complete an alternative educator
certification program adopted under this section before taking the
appropriate certification examination.
SECTION 15. Sections 21.050(a) and (b), Education Code, are
amended to read as follows:
(a) A person who applies for a teaching certificate for
which commissioner [board] rules require a bachelor's degree must
possess a bachelor's degree received with an academic major or
interdisciplinary academic major, including reading, other than
education, that is related to the curriculum as prescribed under
Subchapter A, Chapter 28.
(b) The commissioner [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 commissioner
[board] shall provide for a minimum number of semester credit hours
of internship to be included in the hours needed for certification.
The commissioner [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 16. Section 21.051, Education Code, is amended to
read as follows:
Sec. 21.051. OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS.
The commissioner [board] shall adopt [propose] rules providing
flexible options for persons for any field experience or internship
required for certification.
SECTION 17. Section 21.052(a), Education Code, is amended
to read as follows:
(a) The agency [board] may issue a certificate to an
educator who:
(1) holds:
(A) a degree issued by an institution accredited
by a regional accrediting agency or group that is recognized by a
nationally recognized accreditation board; or
(B) a degree issued by an institution located in
a foreign country, if the degree is equivalent to a degree described
by Paragraph (A);
(2) holds an appropriate certificate or other
credential issued by another state or country; and
(3) performs satisfactorily on:
(A) the examination prescribed under Section
21.048; or
(B) if the educator holds a certificate or other
credential issued by another state or country, an examination
similar to and at least as rigorous as that described by Paragraph
(A) administered to the educator under the authority of that state.
SECTION 18. Sections 21.054(a) and (b), Education Code, are
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.
(b) Continuing education for principals must be based on an
individual assessment of the knowledge, skills, and proficiencies
necessary to perform successfully as a principal[, as identified in
Section 21.046]. An individualized professional growth plan shall
be developed as a result of the assessment and shall be used
exclusively for professional growth purposes. The assessment
results and the growth plan may only be released with the approval
of the principal assessed. Each certified principal shall
participate in the assessment process and professional growth
activities at least once every five years.
SECTION 19. Section 21.055(a), Education Code, is amended
to read as follows:
(a) As provided by this section, a school district may issue
a school district teaching permit and employ as a teacher a person
who does not hold a teaching certificate issued by the agency
[board].
SECTION 20. Section 21.056, Education Code, is amended to
read as follows:
Sec. 21.056. ADDITIONAL CERTIFICATION. The commissioner
[board] by rule shall provide for a certified educator to qualify
for additional certification to teach at a grade level or in a
subject area not covered by the educator's certificate upon
satisfactory completion of an examination or other assessment of
the educator's qualification.
SECTION 21. 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 subchapter [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 the teacher's [his or her] area of
certification, as determined by commissioner rules [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 22. Section 21.503, Education Code, is amended to
read as follows:
Sec. 21.503. ELIGIBILITY. A person is eligible for the
program if the person:
(1) has served in the armed forces of the United
States;
(2) is honorably discharged, retired, or released from
active duty on or after October 1, 1990, after at least six years of
continuous active duty service immediately before the discharge,
retirement, or release;
(3) has received a baccalaureate or advanced degree
from a public or private institution of higher education accredited
by a regional accrediting agency or group that is recognized by a
nationally recognized accreditation board; and
(4) satisfies any other criteria for selection
[jointly] prescribed by the agency [and the State Board for
Educator Certification].
SECTION 23. Section 21.504(b), Education Code, is amended
to read as follows:
(b) The agency [and the State Board for Educator
Certification] shall distribute the applications and information
regarding the program.
SECTION 24. Section 21.510(c), Education Code, is amended
to read as follows:
(c) For purposes of this section, a participant in the
program is not considered to be in violation of an agreement under
Section 21.508 during any period in which the participant:
(1) is pursuing a full-time course of study related to
the field of teaching at a public or private institution of higher
education approved by the agency [State Board for Educator
Certification];
(2) is serving on active duty as a member of the armed
forces of the United States;
(3) is temporarily totally disabled for a period not
to exceed three years as established by sworn affidavit of a
qualified physician;
(4) is unable to secure employment for a period not to
exceed one year because of care required by a disabled spouse;
(5) is seeking and unable to find full-time employment
as a teacher in a public elementary or secondary school for a single
period not to exceed 27 months; or
(6) satisfies the provisions of any additional
reimbursement exception adopted by the agency.
SECTION 25. Sections 21.551 and 21.553, Education Code, are
amended to read as follows:
Sec. 21.551. PURPOSES. The purposes of the alternative
certification Teach for Texas Pilot Program are to:
(1) attract to the teaching profession persons who
have expressed interest in teaching and to support the
certification of those persons as teachers;
(2) recognize the importance of the certification
process [governed by the State Board for Educator Certification]
under Subchapter B, which requires verification of competence in
subject area and professional knowledge and skills;
(3) encourage the creation and expansion of educator
preparation programs that recognize the knowledge and skills gained
through previous educational and work-related experiences and that
are delivered in a manner that recognizes individual circumstances,
including the need to remain employed full-time while enrolled in
the Teach for Texas Pilot Program; and
(4) provide annual stipends to postbaccalaureate
teacher certification candidates.
Sec. 21.553. FINANCIAL INCENTIVES. (a) The pilot program
must offer to participants financial incentives, including tuition
assistance and loan forgiveness. In offering a financial
incentive, the agency [State Board for Educator Certification]
shall:
(1) require a contract between each participant who
accepts a financial incentive and the agency [State Board for
Educator Certification] under which the participant is obligated to
teach in a public school in this state for a stated period after
certification;
(2) provide financial incentives in proportion to the
length of the period the participant is obligated by contract to
teach after certification; and
(3) give special financial incentives to a participant
who agrees in the contract to teach in an underserved area.
(b) Financial incentives may be paid only from funds
appropriated specifically for that purpose and from gifts, grants,
and donations solicited or accepted by the agency [State Board for
Educator Certification] for that purpose.
(c) The agency [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 26. Section 21.604(b), Education Code, is amended
to read as follows:
(b) The agency [and the State Board for Educator
Certification] shall distribute the applications and information
regarding the program.
SECTION 27. Section 21.609(c), Education Code, is amended
to read as follows:
(c) For purposes of this section, a participant in the
program is not considered to be in violation of an agreement under
Section 21.607 during any period in which the participant:
(1) is pursuing a full-time course of study related to
the field of teaching at an institution of higher education
approved by the agency [State Board for Educator Certification];
(2) is serving on active duty as a member of the armed
forces of the United States;
(3) is temporarily totally disabled for a period not
to exceed three years as established by affidavit of a qualified
physician;
(4) is unable to secure employment for a period not to
exceed one year because of care required by a disabled spouse;
(5) is seeking and unable to find full-time employment
as a teacher in a public elementary or secondary school for a single
period not to exceed 27 months; or
(6) satisfies the provisions of any additional
reimbursement exception adopted by the agency.
SECTION 28. Section 22.082, Education Code, is amended to
read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY AGENCY
[STATE BOARD FOR EDUCATOR CERTIFICATION]. The agency [State Board
for Educator Certification] shall obtain from any law enforcement
or criminal justice agency all criminal history record information
that relates to an applicant for or holder of a certificate issued
under Subchapter B, Chapter 21.
SECTION 29. Section 22.083(d), Education Code, is amended
to read as follows:
(d) The superintendent of a district or the director of an
open-enrollment charter school, private school, regional education
service center, or shared services arrangement shall promptly
notify the agency [State Board for Educator Certification] in
writing if the person obtains or has knowledge of information
showing that an applicant for or holder of a certificate issued
under Subchapter B, Chapter 21, has a reported criminal history.
SECTION 30. Sections 22.085 and 22.086, Education Code, are
amended to read as follows:
Sec. 22.085. DISCHARGE OF EMPLOYEES CONVICTED OF OFFENSES.
A school district, open-enrollment charter school, private school,
regional education service center, or shared services arrangement
may discharge an employee if the district or school obtains
information of the employee's conviction of a felony or of a
misdemeanor involving moral turpitude that the employee did not
disclose to the agency [State Board for Educator Certification] or
the district, school, service center, or shared services
arrangement. An employee discharged under this section is
considered to have been discharged for misconduct for purposes of
Section 207.044, Labor Code. For purposes of this subsection, a
disclosure to the State Board for Educator Certification before
September 1, 2003, is considered a disclosure to the agency.
Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The agency
[State Board for Educator Certification], a school district, an
open-enrollment charter school, a private school, a regional
education service center, a shared services arrangement, or an
employee of the agency [board], district, school, service center,
or shared services arrangement is not civilly or criminally liable
for making a report required under this subchapter.
SECTION 31. Sections 29.061(a)-(c) and (e), Education Code,
are amended to read as follows:
(a) The agency [State Board for Educator Certification]
shall provide for the issuance of teaching certificates appropriate
for bilingual education instruction to teachers who possess a
speaking, reading, and writing ability in a language other than
English in which bilingual education programs are offered and who
meet the general requirements of Chapter 21. The agency [board]
shall also provide for the issuance of teaching certificates
appropriate for teaching English as a second language. The agency
[board] may issue emergency endorsements in bilingual education and
in teaching English as a second language.
(b) A teacher assigned to a bilingual education program must
be appropriately certified for bilingual education by the agency
[board].
(c) A teacher assigned to an English as a second language or
other special language program must be appropriately certified for
English as a second language by the agency [board].
(e) The agency [State Board for Educator Certification] and
the Texas Higher Education Coordinating Board shall develop a
comprehensive plan for meeting the teacher supply needs created by
the programs outlined in this subchapter.
SECTION 32. Section 33.002, Education Code, is amended to
read as follows:
Sec. 33.002. CERTIFIED COUNSELOR. (a) A school district
with 500 or more students enrolled in elementary school grades
shall employ a counselor certified under Subchapter B, Chapter 21,
[the rules of the State Board for Educator Certification] for each
elementary school in the district. A school district shall employ
at least one counselor for every 500 elementary school students in
the district.
(b) A school district with fewer than 500 students enrolled
in elementary school grades shall provide guidance and counseling
services to elementary school students by:
(1) employing a part-time counselor certified under
Subchapter B, Chapter 21 [the rules of the State Board for Educator
Certification];
(2) employing a part-time teacher certified as a
counselor under Subchapter B, Chapter 21 [the rules of the State
Board for Educator Certification]; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a counselor
certified under Subchapter B, Chapter 21 [the rules of the State
Board for Educator Certification].
SECTION 33. Section 61.0514, Education Code, is amended to
read as follows:
Sec. 61.0514. INTEGRATED COURSEWORK. The board, with the
cooperation and advice of the Texas Education Agency [State Board
for Educator Certification], shall adopt educator preparation
coursework guidelines that promote, to the greatest extent
practicable, the integration of subject matter knowledge with
classroom teaching strategies and techniques in order to maximize
the effectiveness and efficiency of coursework required for
certification under Subchapter B, Chapter 21.
SECTION 34. Section 261.406(b), Family Code, is amended to
read as follows:
(b) The department shall send a written report of the
department's investigation, as appropriate, to the Texas Education
Agency, [the agency responsible for teacher certification,] the
local school board or the school's governing body, and the school
principal or director, unless the principal or director is alleged
to have committed the abuse or neglect, for appropriate action. On
request, the department shall provide a copy of the report of
investigation to the parent, managing conservator, or legal
guardian of a child who is the subject of the investigation and to
the person alleged to have committed the abuse or neglect. The
report of investigation shall be edited to protect the identity of
the persons who made the report of abuse or neglect. Section
261.201(b) applies to the release of confidential information
relating to the investigation of a report of abuse or neglect under
this section and to the identity of the person who made the report
of abuse or neglect.
SECTION 35. Section 411.090, Government Code, is amended to
read as follows:
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS EDUCATION AGENCY [STATE BOARD FOR EDUCATOR
CERTIFICATION]. (a) The Texas Education Agency [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 agency [board] for
a certificate under Subchapter B, Chapter 21, Education Code.
(b) Criminal history record information obtained by the
agency [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 agency [board];
(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 agency [board] after the
information is used for the authorized purposes.
SECTION 36. Section 411.097(d), Government Code, is amended
to read as follows:
(d) Criminal history record information obtained by a
school district, charter school, private school, service center,
commercial transportation company, or shared services arrangement
under Subsection (a), (b), or (c) may not be released or disclosed
to any person, other than the individual who is the subject of the
information, the Texas Education Agency, [the State Board for
Educator Certification,] or the chief personnel officer of the
transportation company, if the information is obtained under
Subsection (a)(2).
SECTION 37. Section 821.103, Government Code, is amended to
read as follows:
Sec. 821.103. CANCELLATION OF TEACHER CERTIFICATE. (a)
After receiving notice from the board of trustees of an offense
under Section 821.101 and after complying with Chapter 2001 and
rules adopted by the Texas Education Agency and the State Board for
Educator Certification, the State Board for Educator Certification
may cancel the teacher certificate of a person if the State Board
for Educator Certification determines that the person committed the
offense.
(b) The [executive director of the] State Board for Educator
Certification may enter into an agreed sanction.
(c) A criminal prosecution of an offender under Section
821.101 is not a prerequisite to action by the State Board for
Educator Certification or the commissioner of education [its
executive director].
SECTION 38. Section 48.102(a), Human Resources Code, is
amended to read as follows:
(a) The department shall send a written report of the
department's investigation of alleged abuse, neglect, or
exploitation of a disabled adult at a school, as appropriate, to the
Texas Education Agency, [the agency responsible for teacher
certification,] the local school board or the school's governing
body, and the school principal or director, unless the principal or
director is alleged to have committed the abuse, neglect, or
exploitation. The entity to which the report is sent shall take
appropriate action.
SECTION 39. Section 504.002(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to an activity or service of
a person who:
(1) is employed as a counselor by a federal
institution and is providing chemical dependency counseling within
the scope of the person's employment;
(2) except as provided by Section 504.057, is a
student, intern, or trainee pursuing a supervised course of study
in counseling at a regionally accredited institution of higher
education or training institution, if the person:
(A) is designated as a "counselor intern"; and
(B) is engaging in the activity or providing the
service as part of the course of study;
(3) is not a resident of this state, if the person:
(A) engages in the activity or provides the
service in this state for not more than 30 days during any year; and
(B) is authorized to engage in the activity or
provide the service under the law of the state of the person's
residence;
(4) is a licensed physician, psychologist,
professional counselor, or social worker;
(5) is a religious leader of a congregation providing
pastoral chemical dependency counseling within the scope of the
person's duties;
(6) is working for or providing counseling with a
program exempt under Subchapter C, Chapter 464, Health and Safety
Code; or
(7) is a school counselor certified by the Texas
Education Agency [State Board for Educator Certification].
SECTION 40. Section 15A(f), Texas Driver and Traffic Safety
Education Act (Article 4413(29c), Vernon's Texas Civil Statutes),
is amended to read as follows:
(f) A temporary, nonrenewable driver education instructor
license valid for a six-month period may be issued authorizing a
person to teach or give classroom driver education training if the
person:
(1) has completed the educational requirements for a
classroom driver education instructor prescribed under Subsection
(c)(1) of this section;
(2) holds a Texas teaching certificate with an
effective date before February 1, 1986;
(3) meets all requirements for certification
[licensure], other than successful completion of the examination
required under rules adopted by the Texas Education Agency [State
Board for Educator Certification] to revalidate the teaching
certificate; and
(4) demonstrates, in a manner prescribed by the
commissioner, the intention to comply with the examination
requirement at the first available opportunity.
SECTION 41. Sections 21.031, 21.039, 21.042, 21.044,
21.046, and 21.552, Education Code, are repealed.
SECTION 42. (a) The positions on the State Board for
Educator Certification that are filled by a citizen member and have
a term scheduled to expire on or before February 1, 2005, are
abolished September 1, 2003.
(b) One of the two positions on the State Board for Educator
Certification that is filled by a citizen member and has a term
scheduled to expire February 1, 2007, is abolished September 1,
2003. The two citizen members holding those positions shall draw
lots to determine which position is abolished under this
subsection.
(c) The position on the State Board for Educator
Certification that is filled by a public school counselor is
abolished September 1, 2003.
SECTION 43. 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.
SECTION 44. (a) The State Board for Educator Certification
may transfer any records, personnel, or property of the State Board
for Educator Certification to the Texas Education Agency as the
board and agency determine necessary to transfer the authority
provided for in this Act.
(b) The transfer of authority from the State Board for
Educator Certification to the Texas Education Agency provided for
in this Act does not affect the validity of a right, privilege, or
obligation accrued, a contract or acquisition made, any liability
incurred, a certificate issued, a penalty, forfeiture, or
punishment assessed, a rule adopted, a proceeding, investigation,
or remedy begun, a decision made, or other action taken by or in
connection with the State Board for Educator Certification. A
certificate issued by the State Board for Educator Certification
under Subchapter B, Chapter 21, Education Code, before September 1,
2003, is considered a certificate issued by the Texas Education
Agency.
(c) All rules, policies, procedures, and decisions of the
State Board for Educator Certification that relate to authority of
the board transferred to the Texas Education Agency as provided for
in this Act are continued in effect as rules, policies, procedures,
and decisions of the agency until superseded by a rule or other
appropriate action of the agency.
(d) Any action or proceeding before the State Board for
Educator Certification that is transferred to the Texas Education
Agency under this Act is transferred without change in status to the
agency, and the agency assumes, without a change in status, the
position of the board in any action or proceeding to which the board
is a party.
(e) The Texas Education Agency may adopt any course of
instruction or process for certification of the State Board for
Educator Certification rather than developing a new course or
process.
SECTION 45. This Act takes effect September 1, 2003.