Amend CSSB 8 by Shapiro as follows:
(1) Strike SECTION 2A.03 of the bill in its entirety,
beginning on page 80, line 1, and continuing through page 81, line
5, and renumber subsequent sections of the bill accordingly.
(2) Strike PART F of Article 2 of the bill in its entirety,
beginning on page 242, line 18, and continuing through page 254,
line 3, and substitute it with the following text:
"PART F. BILINGUAL EDUCATION AND SPECIAL
LANGUAGE PROGRAMS
SECTION 2F.01. Effective August 1, 2006, Subchapter B,
Chapter 21, Education Code, is amended by adding Sections 21.0485
and 21.0486 to read as follows:
Sec. 21.0485. DUAL LANGUAGE EDUCATION TEACHER
CERTIFICATION. (a) To ensure that there are teachers with special
training to work with other teachers and with students in a dual
language education program, the board shall establish a dual
language education teaching certificate.
(b) The board shall adopt rules establishing the training
requirements, including the minimum academic qualifications, a
person must accomplish to obtain a certificate under this section.
(c) The board shall adopt rules establishing the
requirements for a teacher who receives training in a foreign
country to obtain a certificate under this section.
Sec. 21.0486. MASTER LANGUAGE 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 performance in English and other languages, the board shall
establish:
(1) a master language teacher certificate to teach
bilingual education, dual language instruction, or English as a
second language at elementary school grade levels;
(2) a master language teacher certificate to teach
bilingual education, dual language instruction, or English as a
second language at middle school grade levels; and
(3) a master language teacher certificate to teach
dual language instruction at high school grade levels.
(b) The board shall issue the appropriate master language
teacher certificate to each eligible person.
(c) To be eligible for a master language teacher
certificate, a person must:
(1) hold a teaching certificate issued under this
subchapter;
(2) have at least three years of experience teaching
bilingual education, dual language instruction, or English as a
second language;
(3) satisfactorily complete a knowledge-based course
of instruction on second language acquisition and the science of
teaching children language that includes training in language
instruction and professional peer mentoring techniques that,
through scientific testing, have been proven effective;
(4) perform satisfactorily on the appropriate master
language certification examination prescribed by the board; and
(5) satisfy any other requirements prescribed by the
board.
SECTION 2F.02. 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
propose rules requiring additional credit hours for certification
in bilingual education, dual language instruction, English as a
second language, early childhood education, or special education.
SECTION 2F.03. Section 21.054, Education Code, is amended
by adding Subsection (c) to read as follows:
(c) Rules adopted under Subsection (a) must permit an
educator to fulfill continuing education requirements by acquiring
conversational skills in one or more languages other than English
and academic language development in the subject area for which the
educator provides instruction. The rules must permit educators to
obtain language instruction through a variety of methods, including
attendance at workshops offered by qualified entities and
enrollment on a noncredit basis in courses offered by public or
private colleges and universities.
SECTION 2F.04. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.060 to read as follows:
Sec. 21.060. NOTICE OF EDUCATIONAL AIDE TUITION EXEMPTION.
On issuing an educator certificate to an educational aide or
renewing such a certificate, the board shall notify the person to
whom the certificate is issued of the existence of the educational
aide exemption under Section 54.214.
SECTION 2F.05. Section 28.0051, Education Code, is amended
by adding Subsection (d) to read as follows:
(d) The board shall provide for the issuance of teaching
certificates appropriate for dual language instruction to teachers
who:
(1) possess a speaking, reading, and writing language
ability in a language other than English in which a dual language
immersion program is offered; and
(2) meet the general requirements of Subchapter B,
Chapter 21.
SECTION 2F.06. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0052 to read as follows:
Sec. 28.0052. DUAL LANGUAGE EDUCATION PILOT PROJECT. (a)
The commissioner shall establish a pilot project in school
districts selected by the commissioner under which the agency
examines dual language education programs and the effect of those
programs on a student's ability to graduate from high school.
(b) In selecting school districts under Subsection (a), the
commissioner shall:
(1) select districts that:
(A) will commit to at least a three-year dual
language education program; and
(B) demonstrate a substantially equal enrollment
of students with limited English proficiency and students whose
primary language is English or, if a district does not have a
sufficient number of limited English proficiency students to meet
the equal enrollment standard, include the enrollment of students
with limited English proficiency, students whose primary language
is English, and bilingual students; and
(2) give preference to a district that:
(A) demonstrates the potential for expanding the
program through middle school; and
(B) will implement the program at the
kindergarten level.
(c) The commissioner by rule shall require a district to
limit activities of the dual language education program during the
first year of the program to planning activities, including:
(1) hiring and training teachers and ensuring teacher
certification;
(2) establishing parental and community support for
the program; and
(3) acquiring adequate learning materials in both
program languages.
(d) From amounts appropriated to the agency, including
foundation school program funds, the commissioner shall award
grants to school districts that participate in the program. A grant
under this section must be in an amount sufficient to pay the costs
to the district of participating in the program, as determined by
the commissioner. A determination of the commissioner under this
subsection is final and may not be appealed.
(e) A school district that applies for the expansion of an
existing dual language education program is eligible for a grant
under Subsection (d).
(f) A school district may use a grant awarded under
Subsection (d) for:
(1) classroom materials;
(2) tuition and textbook expenses for students seeking
teacher certification under Section 21.0485; and
(3) other necessary costs of operating the program, as
approved by the commissioner.
(f-1) During the 2006-2007 school year, the commissioner
may award grants to school districts under this section only for the
purpose of planning activities described by Subsection (c) in an
amount not to exceed two percent of the total amount required to
fully implement the pilot program for the 2007-2008 school year.
This subsection expires September 1, 2008.
(g) Grants under this section may not exceed $13 million for
each biennium.
(h) The agency shall report to the legislature describing
the agency's activities under the pilot project, the effect of the
project on grade-level completion, and the recommendations arising
from the project. The agency shall submit an interim report under
this subsection not later than January 1, 2009, and a final report
not later than January 1, 2011.
(i) This section expires August 1, 2011.
SECTION 2F.07. Section 29.056, Education Code, is amended
by amending Subsections (a), (d), and (g) and adding Subsections
(g-1) and (i) to read as follows:
(a) The agency shall establish standardized criteria for
the identification, assessment, and classification of students of
limited English proficiency eligible for entry into the program or
exit from the program. Except as provided by this subsection, the
[The] student's parent must approve a student's entry into the
program, exit from the program, or placement in the program. A
school district shall provide notice to the student's parent that
the district intends to transfer the student from the program. If
the student's parent fails to respond to the notice on or before the
30th day after the date the notice is provided, the district may
transfer the student from the program without the student's
parent's approval. The district must inform the student's parent of
the student's transfer from the program. The school district or
parent may appeal the decision under Section 29.064. The criteria
for identification, assessment, and classification may include:
(1) results of a home language survey conducted within
four weeks of each student's enrollment to determine the language
normally used in the home and the language normally used by the
student, conducted in English and the home language, signed by the
student's parents if the student is in kindergarten through grade 8
or by the student if the student is in grades 9 through 12, and kept
in the student's permanent folder by the language proficiency
assessment committee;
(2) the results of an agency-approved English language
proficiency test administered to all students identified through
the home survey as normally speaking a language other than English
to determine the level of English language proficiency, with
students in kindergarten or grade 1 being administered an oral
English proficiency test and students in grades 2 through 12 being
administered an oral English proficiency test and, if the oral
English proficiency test demonstrates proficiency, a written
English proficiency test; and
(3) the results of an agency-approved proficiency test
in the primary language administered to all students identified
under Subdivision (2) as being of limited English proficiency to
determine the level of primary language proficiency, with students
in kindergarten or grade 1 being administered an oral primary
language proficiency test and students in grades 2 through 12 being
administered an oral and written primary language proficiency test.
(d) Not later than the 20th [10th] day after the date of the
student's classification as a student of limited English
proficiency, the language proficiency assessment committee shall
give written notice of the classification to the student's parent.
The notice must be in English and the parent's primary language.
The parents of students eligible to participate in the required
bilingual education program shall be informed of the benefits of
the bilingual education or special language program and that it is
an integral part of the school program.
(g) A district may transfer a student of limited English
proficiency out of a bilingual education or special language
program for the first time or a subsequent time if the student is
able to participate equally in a regular all-English instructional
program as determined by:
(1) agency-approved tests administered at the end of
each school year to determine the extent to which the student has
developed oral and written language proficiency and specific
language skills in [both the student's primary language and]
English;
(2) satisfactory performance on the reading
assessment instrument under Section 39.023(a)(2) or the English
language arts assessment instrument under Section 39.023(a)(4), as
applicable, with the assessment instrument administered in
English, or, if the student is enrolled in the first or second
grade, an achievement score at or above the 40th percentile in the
reading and language arts sections of an English standardized test
approved by the agency; and
(3) agency-approved [other indications of a student's
overall progress, including] criterion-referenced tests and the
results of a [test scores,] subjective teacher evaluation[, and
parental evaluation].
(g-1) A school district may transfer a student of limited
English proficiency who is eligible for special education services
under Subchapter A out of a bilingual education or special language
program and into a special education program if the language
proficiency assessment committee and the student's admission,
review, and dismissal committee agree that the student has a
learning disability and would be better served in a special
education program. The student's admission, review, and dismissal
committee must document that the student has a learning disability
that cannot be addressed effectively in a bilingual education or
special language program and that the student's learning disability
is not due to the student's limited English proficiency. The
commissioner by rule shall adopt criteria for a school district to
use in transferring a student under this subsection.
(i) On approval of the student's parent, a school district
may allow a student of limited English proficiency who meets the
criteria for being transferred out of a bilingual education or
special language program to continue participating in the program.
SECTION 2F.08. Subchapter B, Chapter 29, Education Code, is
amended by adding Section 29.0561 to read as follows:
Sec. 29.0561. EVALUATION OF TRANSFERRED STUDENTS;
REENROLLMENT. (a) The language proficiency assessment committee
shall reevaluate a student who is transferred out of a bilingual
education or special language program under Section 29.056(g) if
the student earns a failing grade in a subject in the foundation
curriculum under Section 28.002(a)(1) during any grading period in
the first two school years after the student is transferred to
determine whether the student should be reenrolled in a bilingual
education or special language program.
(b) During the first two school years after a student is
transferred out of a bilingual education or special language
program under Section 29.056(g), the language proficiency
assessment committee shall review the student's performance and
consider:
(1) the total amount of time the student was enrolled
in a bilingual education or special language program;
(2) the student's grades each grading period in each
subject in the foundation curriculum under Section 28.002(a)(1);
(3) the student's performance on each assessment
instrument administered under Section 39.023(a) or (c);
(4) the number of credits the student has earned
toward high school graduation, if applicable; and
(5) any disciplinary actions taken against the student
under Subchapter A, Chapter 37.
(c) After an evaluation under this section, the language
proficiency assessment committee may require intensive instruction
for the student or reenroll the student in a bilingual education or
special language program.
SECTION 2F.09. Effective August 1, 2006, Subchapter B,
Chapter 29, Education Code, is amended by adding Section 29.065 to
read as follows:
Sec. 29.065. MEASURE OF PROGRESS TOWARD ENGLISH LANGUAGE
PROFICIENCY. The commissioner by rule shall develop a longitudinal
measure of progress toward English language proficiency under which
a student of limited English proficiency is evaluated from the time
the student enters public school until, for two consecutive school
years, the student scores at a specific level determined by the
commissioner on the reading assessment instrument under Section
39.023(a)(2) or the English language arts assessment instrument
under Section 39.023(a)(4), as applicable. The commissioner shall:
(1) as part of the measure of progress, include
student advancement from one proficiency level to a higher level
under the reading proficiency in English assessment system
developed under Section 39.027(e) and from the highest level under
that assessment system to the level determined by the commissioner
under this section on the reading assessment instrument under
Section 39.023(a)(2) or the English language arts assessment
instrument under Section 39.023(a)(4), as applicable; and
(2) to the extent practicable in developing the
measure of progress, use applicable research and analysis done in
developing an annual measurable achievement objective as required
by Section 3122, No Child Left Behind Act of 2001 (20 U.S.C. Section
6842).
SECTION 2F.10. Not later than January 1, 2006, the
Educators' Professional Practices Board shall adopt rules
permitting an educator to fulfill continuing education
requirements by requiring conversational skill in a language other
than English, as required by Section 21.054(c), Education Code, as
added by this Act.
SECTION 2F.11. Not later than January 1, 2007, the
Educators' Professional Practices Board shall adopt rules:
(1) establishing requirements and prescribing an
examination for master language teacher certification as required
by Section 21.0486, Education Code, as added by this Act; and
(2) establishing requirements and prescribing an
examination for dual language instruction teacher certification as
required by Section 21.050(b), Education Code, as amended by this
Act, and Section 28.0051(d), Education Code, as added by this Act."
(3) Strike PART J of Article 2 of the bill in its entirety,
beginning on page 265, line 22, and continuing through page 270,
line 3, and substitute it with the following text:
"PART J. CRIMINAL HISTORY RECORDS INFORMATION
SECTION 2J.01. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0401 to read as follows:
Sec. 21.0401. COLLECTION OF FINGERPRINTS REQUIRED. The
board shall obtain a complete set of fingerprints from:
(1) each applicant for a certificate issued under this
subchapter;
(2) each applicant for or holder of a teaching permit
issued under this subchapter; and
(3) each person described by Section 11A.153 or
Section 21.0032 for whom the board has received information from a
public charter district.
SECTION 2J.02. Section 21.041(c), Education Code, is
amended to read as follows:
(c) The board shall propose a rule adopting a fee for:
(1) the issuance and maintenance of each [an] educator
certificate that is adequate to cover the cost of administration of
this subchapter, including costs related to the operation of the
board and any amount necessary to cover the cost of obtaining
fingerprints under Section 21.0401 or conducting a national
criminal background review and investigation under Sections
21.0032 and 22.082; and
(2) the cost of obtaining fingerprints from or
conducting a national criminal background review of a holder of a
teaching permit issued under this subchapter.
SECTION 2J.03. Section 22.082, Education Code, is amended
to read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY [STATE]
EDUCATORS' PROFESSIONAL PRACTICES BOARD [FOR EDUCATOR
CERTIFICATION]. (a) The [State] Educators' Professional Practices
Board [for Educator Certification] shall obtain from the Department
of Public Safety [any law enforcement or criminal justice agency]
all state and national criminal history record information that
relates to:
(1) an applicant for or holder of a certificate or
permit issued under Subchapter B, Chapter 21; or
(2) a person described by Section 11A.153 or 21.0032.
(b) The Educators' Professional Practices Board may obtain
from the Department of Public Safety all criminal history record
information that relates to a holder of a certificate issued under
Subchapter B, Chapter 21.
(c) The board shall require each applicant, holder, and
person described by Subsection (a)(2) to pay any costs to the board
related to obtaining criminal history record information related to
the person under this section.
SECTION 2J.04. Section 22.083(d), Education Code, is
amended to read as follows:
(d) The superintendent of a district or the director of a
public charter district [an open-enrollment charter school],
private school, regional education service center, or shared
services arrangement shall promptly notify the [State] Educators'
Professional Practices 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 2J.05. 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, public charter 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 [State]
Educators' Professional Practices 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.
Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The [State]
Educators' Professional Practices Board [for Educator
Certification], a school district, a public charter district [an
open-enrollment charter school], a private school, a regional
education service center, a shared services arrangement, or an
employee of the board, district, school, service center, or shared
services arrangement is not civilly or criminally liable for making
a report required under this subchapter.
SECTION 2J.06. Section 411.090, Government Code, is amended
to read as follows:
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
AND FINGERPRINTS: [STATE] EDUCATORS' PROFESSIONAL PRACTICES BOARD
[FOR EDUCATOR CERTIFICATION]. (a) The [State] Educators'
Professional Practices Board [for Educator Certification] is
entitled to obtain from the department any criminal history record
information maintained by the department about:
(1) a person who has applied to the board for a
certificate or permit or holds a certificate or permit under
Subchapter B, Chapter 21, Education Code; or
(2) a person described by Section 11A.153 or 21.0032,
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 under Subchapter B, Chapter 21, Education Code, or for any
purpose authorized by Section 11A.153 or 21.0032, Education Code
[by the board];
(2) may not be released to any other person except on
court order or with the consent of the subject of the criminal
history record information [applicant for a certificate]; and
(3) shall be destroyed by the board after the
information is used for the authorized purposes.
(c) The Educators' Professional Practices Board 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 person who has fingerprints on file
with the department pursuant to that section.
(d) On receipt of notice from the department of an arrest of
a person described by Section 11A.153 or 21.0032, Education Code,
the Educators' Professional Practices Board shall notify the public
charter district affected.
(4) Strike ARTICLE 7 of the bill in its entirety, beginning
on page 401, line 22, and continuing through page 441, line 12, and
substitute it with the following text:
"ARTICLE 7. ABOLISHMENT OF STATE BOARD FOR EDUCATOR
CERTIFICATION; TRANSFER OF POWERS AND DUTIES
SECTION 7.01. Section 21.0031(a), Education Code, is
amended to read as follows:
(a) An employee's probationary, continuing, or term
contract under this chapter is void if the employee:
(1) does not hold a certificate or permit issued under
Subchapter B [by the State Board for Educator Certification]; or
(2) fails to fulfill the requirements necessary to
extend the employee's temporary or emergency certificate or permit.
SECTION 7.02. Sections 21.004(a)-(e), Education Code, are
amended to read as follows:
(a) To the extent that funds are available, the agency, the
[State] Educators' Professional Practices Board [for Educator
Certification], and the Texas Higher Education Coordinating Board
shall develop and implement programs to identify talented students
and recruit those students and persons, including high school and
undergraduate students, mid-career and retired professionals,
honorably discharged and retired military personnel, and members of
underrepresented gender and ethnic groups, into the teaching
profession.
(b) From available funds, the agency, the Educators'
Professional Practices [State] Board [for Educator Certification],
and the Texas Higher Education Coordinating Board shall develop and
distribute materials that emphasize the importance of the teaching
profession and inform individuals about state-funded loan
forgiveness and tuition assistance programs.
(c) The commissioner, in cooperation with the commissioner
of higher education and the executive director of the [State]
Educators' Professional Practices 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.
(d) The agency, the [State] Educators' Professional
Practices Board [for Educator Certification], and the Texas Higher
Education Coordinating Board shall encourage the business
community to cooperate with local schools to develop recruiting
programs designed to attract and retain capable teachers, including
programs to provide summer employment opportunities for teachers.
(e) The agency, the [State] Educators' Professional
Practices Board [for Educator Certification], and the Texas Higher
Education Coordinating Board shall encourage major education
associations to cooperate in developing a long-range program
promoting teaching as a career and to assist in identifying local
activities and resources that may be used to promote the teaching
profession.
SECTION 7.03. Section 21.006, Education Code, is amended by
amending Subsections (a)-(c) and (e)-(g) to read as follows:
(a) In this section:
(1) "Abuse" [, "abuse"] has the meaning assigned by
Section 261.001, Family Code, and includes any sexual conduct
involving an educator and a student or minor.
(2) "Board" means the Educators' Professional
Practices Board.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, regional education service center, or shared services
arrangement shall notify the [State] Educators' Professional
Practices Board [for Educator Certification] if the superintendent
or director has reasonable cause to believe that:
(1) an educator employed by or seeking employment by
the district, service center, or shared services arrangement has a
criminal record;
(2) an educator's employment at the district, service
center, or shared services arrangement was terminated based on a
determination that the educator:
(A) abused or otherwise committed an unlawful act
with a student or minor;
(B) possessed, transferred, sold, or distributed
a controlled substance, as defined by Chapter 481, Health and
Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
subsequent amendments];
(C) illegally transferred, appropriated, or
expended funds or other property of the district, service center,
or shared services arrangement;
(D) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation; or
(E) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
or
(3) the educator resigned and reasonable evidence
supports a recommendation by the superintendent or director to
terminate the educator based on a determination that the educator
engaged in misconduct described by Subdivision (2).
(c) The superintendent or director must notify the [State]
Educators' Professional Practices Board [for Educator
Certification] by filing a report with the board not later than the
seventh day after the date the superintendent or director first
learns about an alleged incident of misconduct described by
Subsection (b). The report must be:
(1) in writing; and
(2) in a form prescribed by the board.
(e) A superintendent or director who in good faith and while
acting in an official capacity files a report with the [State]
Educators' Professional Practices Board [for Educator
Certification] under this section is immune from civil or criminal
liability that might otherwise be incurred or imposed.
(f) The board [State Board for Educator Certification]
shall determine whether to impose sanctions against a
superintendent or director who fails to file a report in violation
of Subsection (c).
(g) The [State] Educators' Professional Practices Board
[for Educator Certification] shall propose rules as necessary to
implement this section.
SECTION 7.04. Sections 21.031(a) and 21.032, Education
Code, are amended to read as follows:
Sec. 21.031. PURPOSE. (a) The Educators' Professional
Practices [State] Board [for Educator Certification] is
established to recognize public school educators as professionals
and to grant educators the authority to govern the standards of
their profession. The board shall regulate and oversee all aspects
of the certification, continuing education, and standards of
conduct of public school educators.
Sec. 21.032. DEFINITION. In this subchapter, "board" means
the Educators' Professional Practices [State] Board [for Educator
Certification].
SECTION 7.05. The heading to Section 21.033, Education
Code, is amended to read as follows:
Sec. 21.033. EDUCATORS' PROFESSIONAL PRACTICES [STATE]
BOARD [FOR EDUCATOR CERTIFICATION].
SECTION 7.06. Section 21.033, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (d), and (e)
to read as follows:
(a) The board [State Board for Educator Certification] is
composed of 11 [14] 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 members are]
appointed by the commissioner [governor with the advice and consent
of the senate,] as follows:
(1) six [four] members must be classroom teachers,
appointed as provided by Subsection (a-1) [employed in public
schools];
(2) not more than two members of the board may [must]
be [public] school administrators; and
(3) a number of other members consistent with this
subsection who the commissioner determines are qualified [one
member must be a public school counselor; and
[(4) four 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 of whom is not
and has not been employed by a public school district or by an
educator preparation program in an institution of higher
education].
(a-1) In appointing a board member under Subsection (a)(1),
the commissioner shall request a list of qualified candidates from
each of the four statewide professional educator associations in
this state with the largest membership of classroom teachers and
shall make appointments from the candidates listed. Not later than
the 30th day after the date on which the association receives notice
of the commissioner's request for candidate nominations, the
association shall submit a list of six candidates for membership on
the board. If the commissioner does not receive nominations for at
least 12 candidates, the commissioner may appoint classroom
teachers not nominated by an association, provided that they have
at least five years' experience as public school classroom
teachers.
(d) The agency shall provide administrative services for
the board as necessary.
(e) A reference in law to the State Board for Educator
Certification means the Educators' Professional Practices Board.
SECTION 7.07. Section 21.034, Education Code, is amended to
read as follows:
Sec. 21.034. TERMS; VACANCY. (a) The board members
[appointed by the governor] hold office for staggered terms of six
years with the terms of one-third, or as near to one-third as
possible, 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 governor], the commissioner [governor] shall
appoint a replacement who meets the qualifications of the vacated
office to fill the unexpired portion of the term.
(c) A vacancy arises if a member [appointed by the governor]
no longer qualifies for the office to which the member was
appointed, as determined by the commissioner.
SECTION 7.08. Section 21.035, Education Code, as amended by
H.B. No. 1116, Acts of the 79th Legislature, Regular Session, 2005,
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 on the date prescribed by
Section 7.004 for abolishment of the agency. [The Texas Education
Agency shall provide the board's administrative functions and
services.]
SECTION 7.09. Subchapter B, Chapter 21, is amended by
adding Section 21.039 to read as follows:
Sec. 21.039. EXECUTIVE DIRECTOR; PERSONNEL. The board shall
employ an executive director. The executive director shall:
(1) perform duties as assigned by the board or
specified by law;
(2) administer and enforce all laws and rules
implemented by the board;
(3) issue the certificates authorized under this
subchapter; and
(4) hire and dismiss the employees of the board."
SECTION 7.10. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0391 to read as follows:
Sec. 21.0391. ADVISORY COMMITTEE. (a) The board shall
appoint an advisory committee composed of holders of each class of
educator certificate and stakeholders as required under Chapter
2008, Government Code.
(b) The advisory committee shall recommend educator
certification standards under Section 21.041(b)(4) and educator
preparation program standards under Section 21.044 and propose
rules under those sections to the board through negotiated
rulemaking under Chapter 2008, Government Code. For purposes of
that chapter, the advisory committee is considered to be the
negotiated rulemaking committee described by Section 2008.054,
Government Code. As provided by Section 2008.058, Government Code,
the board may propose and adopt a rule that has not been recommended
or proposed by the advisory committee.
(c) The board may not finally adopt or amend a rule subject
to this section unless the State Board of Education has failed to
reject the rule or amendment by an affirmative vote of four-fifths
of its members. A vote under this subsection may be conducted by
mail ballot, provided that the State Board of Education has at least
30 days' written notice of the proposed final rule adoption.
(d) Members of the advisory committee serve at the will of
the board.
SECTION 7.11. Section 21.042, Education Code, is amended to
read as follows:
Sec. 21.042. APPROVAL OF RULES. The [State] Educators'
Professional Practices Board [for Educator Certification] must
submit a written copy of each rule it proposes to adopt to the State
Board of Education for review. The State Board of Education may
reject a proposed rule by a vote of at least two-thirds four-fifths
of the members of the board present and voting. If the State Board
of Education fails to reject a proposal before the 90th day after
the date on which it receives the proposal, the proposal takes
effect as a rule of the [State] Educators' Professional Practices
Board [for Educator Certification] as provided by Chapter 2001,
Government Code. The State Board of Education may not modify a rule
proposed by the [State] Educators' Professional Practices Board
[for Educator Certification].
SECTION 7.12. Section 21.049(b), Education Code, is amended
to read as follows:
(b) The board may not require a person employed as a teacher
in a disciplinary [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 7.13. Section 21.105(c), Education Code, is amended
to read as follows:
(c) On written complaint by the employing district, the
Educators' Professional Practices [State] Board [for Educator
Certification] may impose sanctions against a teacher employed
under a probationary contract who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
SECTION 7.14. Section 21.160(c), Education Code, is amended
to read as follows:
(c) On written complaint by the employing district, the
Educators' Professional Practices [State] Board [for Educator
Certification] may impose sanctions against a teacher who is
employed under a continuing contract that obligates the district to
employ the person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
SECTION 7.15. Section 21.210(c), Education Code, is amended
to read as follows:
(c) On written complaint by the employing district, the
Educators' Professional Practices [State] Board [for Educator
Certification] may impose sanctions against a teacher who is
employed under a term contract that obligates the district to
employ the person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
SECTION 7.16. 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] Educators' Professional
Practices Board for Educator Certification].
SECTION 7.17. Section 21.504(b), Education Code, is amended
to read as follows:
(b) The agency and the [State] Educators' Professional
Practices Board [for Educator Certification] shall distribute the
applications and information regarding the program.
SECTION 7.18. 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 [State] Educators' Professional
Practices 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 7.19. Sections 21.551, 21.552, 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] Educators Professional Practices
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. 21.552. PROGRAM ESTABLISHED. The [State] Educators'
Professional Practices Board [for Educator Certification] by rule
shall establish the Teach for Texas Pilot Program consistent with
the purposes provided by Section 21.551.
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 [State] Educators' Professional Practices Board
[for Educator Certification] shall:
(1) require a contract between each participant who
accepts a financial incentive and the [State] Educators'
Professional Practices 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 [State] Educators'
Professional Practices Board [for Educator Certification] for that
purpose.
(c) The [State] Educators' Professional Practices Board
[for Educator Certification] shall 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 7.20. Section 21.604(b), Education Code, is amended
to read as follows:
(b) The agency and the [State] Educators' Professional
Practices Board [for Educator Certification] shall distribute the
applications and information regarding the program.
SECTION 7.21. 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 [State] Educators' Professional Practices 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 7.22. Section 22.0512(b), Education Code, is
amended to read as follows:
(b) In this section, "disciplinary proceeding" means:
(1) an action brought by the school district employing
a professional employee of a school district to discharge or
suspend the employee or terminate or not renew the employee's term
contract; or
(2) an action brought by the Educators' Professional
Practices [State] Board [for Educator Certification] to enforce the
educator's code of ethics adopted under Section 21.041(a-1)
[21.041(b)(8)].
SECTION 7.23. Sections 29.061(a)-(c) and (e), Education
Code, are amended to read as follows:
(a) The [State] Educators' Professional Practices 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 board shall also provide for the
issuance of teaching certificates appropriate for teaching English
as a second language. The 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 under Subchapter B, Chapter 21, for
bilingual education [by the board].
(c) A teacher assigned to an English as a second language or
other special language program must be appropriately certified
under Subchapter B, Chapter 21, for English as a second language [by
the board].
(e) The [State] Educators' Professional Practices 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 7.24. Sections 33.002(b) and (c), Education Code,
are amended to read as follows:
(b) A school district with 500 or more students enrolled in
elementary school grades shall employ a counselor certified under
the rules of the [State] Educators' Professional Practices 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.
(c) 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
the rules of the [State] Educators' Professional Practices Board
[for Educator Certification];
(2) employing a part-time teacher certified as a
counselor under the rules of the [State] Educators' Professional
Practices 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 the rules of the [State] Educators' Professional
Practices Board [for Educator Certification].
SECTION 7.25. Section 37.007(g), Education Code, as amended
by H.B. No. 603, Acts of the 79th Legislature, Regular Session,
2005, is amended to read as follows:
(g) In addition to any notice required under Article 15.27,
Code of Criminal Procedure, a school district shall inform each
educator who has responsibility for, or is under the direction and
supervision of an educator who has responsibility for, the
instruction of a student who has engaged in any violation listed in
this section of the student's misconduct. Each educator shall keep
the information received under this subsection confidential from
any person not entitled to the information under this subsection,
except that the educator may share the information with the
student's parent or guardian as provided for by state or federal
law. The Educators' Professional Practices [State] Board [for
Educator Certification] may revoke or suspend the certification of
an educator who intentionally violates this subsection.
SECTION 7.26. 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 [State] Educators' Professional
Practices 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 7.27. Section 61.076, Education Code, as amended by
H.B. No. 2808, Acts of the 79th Legislature, Regular Session, 2005,
is amended by amending Subsection (b) and adding Subsection (j) to
read as follows:
(b) The P-16 Council is composed of the commissioner of
education, the commissioner of higher education, the executive
director of the Texas Workforce Commission, the executive director
of the [State] Educators' Professional Practices Board [for
Educator Certification] and the commissioner of assistive and
rehabilitative services. The commissioner of higher education and
the commissioner of education shall serve as co-chairs of the
council.
(j) The P-16 Council, in conjunction with the State Center
for Early Childhood Development, shall develop and adopt a school
readiness certification system as required by Section 29.161.
SECTION 7.28. Section 1001.254(a), Education Code, is
amended to read as follows:
(a) A temporary driver education instructor license may be
issued authorizing a person to teach or provide classroom driver
education training if the person:
(1) has completed the educational requirements
prescribed by Section 1001.253(d)(1);
(2) holds a Texas teaching certificate with an
effective date before February 1, 1986;
(3) meets all license requirements, other than
successful completion of the examination required under rules
adopted by the [State] Educators' Professional Practices 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 7.29. Article 15.27(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A law enforcement agency that arrests any person or
refers a child to the office or official designated by the juvenile
board who the agency believes is enrolled as a student in a public
primary or secondary school, for an offense listed in Subsection
(h), shall attempt to ascertain whether the person is so enrolled.
If the law enforcement agency ascertains that the individual is
enrolled as a student in a public primary or secondary school, the
agency shall orally notify the superintendent or a person
designated by the superintendent in the school district in which
the student is enrolled of that arrest or referral within 24 hours
after the arrest or referral is made, or on the next school day. If
the law enforcement agency cannot ascertain whether the individual
is enrolled as a student, the agency shall orally notify the
superintendent or a person designated by the superintendent in the
school district in which the student is believed to be enrolled of
that arrest or detention within 24 hours after the arrest or
detention, or on the next school day. If the individual is a
student, the superintendent shall promptly notify all
instructional and support personnel who have responsibility for
supervision of the student. All personnel shall keep the
information received in this subsection confidential. The
Educators' Professional Practices [State] Board [for Educator
Certification] may revoke or suspend the certification of personnel
who intentionally violate this subsection. Within seven days after
the date the oral notice is given, the law enforcement agency shall
mail written notification, marked "PERSONAL and CONFIDENTIAL" on
the mailing envelope, to the superintendent or the person
designated by the superintendent. Both the oral and written notice
shall contain sufficient details of the arrest or referral and the
acts allegedly committed by the student to enable the
superintendent or the superintendent's designee to determine
whether there is a reasonable belief that the student has engaged in
conduct defined as a felony offense by the Penal Code. The
information contained in the notice may be considered by the
superintendent or the superintendent's designee in making such a
determination.
SECTION 7.30. Article 42.018(b), Code of Criminal
Procedure, is amended to read as follows:
(b) Not later than the fifth day after the date a person who
holds a certificate issued under Subchapter B, Chapter 21,
Education Code, is convicted or granted deferred adjudication on
the basis of an offense, the clerk of the court in which the
conviction or deferred adjudication is entered shall provide to the
Educators' Professional Practices [State] Board [for Educator
Certification] written notice of the person's conviction or
deferred adjudication, including the offense on which the
conviction or deferred adjudication was based.
SECTION 7.31. Section 654.011(a), Government Code, is
amended to read as follows:
(a) The position classification plan and the salary rates
and provisions in the General Appropriations Act apply to all
hourly, part-time, temporary, and regular, full-time salaried
employments in the state departments, agencies, or judicial
entities specified in the articles of the General Appropriations
Act that appropriate money to:
(1) general government agencies;
(2) health and human services agencies;
(3) the judiciary, except for judges, district
attorneys, and assistant district attorneys;
(4) public safety and criminal justice agencies;
(5) natural resources agencies;
(6) business and economic development agencies;
(7) regulatory agencies; and
(8) agencies of public education, but only the Texas
Education Agency, the Texas School for the Blind and Visually
Impaired, the [State] Educators' Professional Practices Board [for
Educator Certification], the Telecommunications Infrastructure
Fund, and the Texas School for the Deaf.
SECTION 7.32. Section 821.001(7), Government Code, is
amended to read as follows:
(7) "Employer" means any agents or agencies in the
state responsible for public education, including the governing
board of any school district created under the laws of this state,
any county school board, the board of trustees, the board of regents
of any college or university, or any other legally constituted
board or agency of any public school, but excluding the State Board
of Education, the Texas Education Agency, and the [State]
Educators' Professional Practices Board [for Educator
Certification].
SECTION 7.33. Section 821.103, Government Code, is amended
to read as follows:
Sec. 821.103. REVOCATION [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 Educators' Professional
Practices [State] Board [for Educator Certification], the board
[State Board for Educator Certification] may revoke [cancel] the
teacher certificate of a person if the board [State Board for
Educator Certification] determines that the person committed the
offense.
(b) The Educators' Professional Practices [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 Educators'
Professional Practices [State] Board [for Educator Certification
or its executive director].
SECTION 7.34. Section 2054.352(a), Government Code, as
amended by S.B. No. 411, Acts of the 79th Legislature, Regular
Session, 2005, is amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Court Reporters Certification Board;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Land Surveying;
(6) Texas State Board of Medical Examiners;
(7) Board of Nurse Examiners;
(8) Texas Optometry Board;
(9) Texas Structural Pest Control Board;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) Texas State Board of Podiatric Medical Examiners;
(14) Board of Tax Professional Examiners;
(15) Polygraph Examiners Board;
(16) Texas State Board of Examiners of Psychologists;
(17) State Board of Veterinary Medical Examiners;
(18) Texas Real Estate Commission;
(19) Texas Appraiser Licensing and Certification
Board;
(20) Texas Department of Licensing and Regulation;
(21) Texas State Board of Public Accountancy;
(22) Educators' Professional Practices [State] Board
[for Educator Certification];
(23) Texas Board of Professional Engineers;
(24) Department of State Health Services;
(25) Texas Board of Architectural Examiners;
(26) Texas Racing Commission;
(27) Commission on Law Enforcement Officer Standards
and Education; [and]
(28) Texas Private Security Board; and
(29) Texas Education Agency.
SECTION 7.35. 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 504.1515 [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 under Subchapter
B, Chapter 21, Education Code [by the State Board for Educator
Certification].
SECTION 7.36. Section 21.040, Education Code, is repealed.
SECTION 7.37. (a) The State Board for Educator
Certification is abolished, and all powers, duties, personnel,
property, assets, and obligations of the board are transferred to
the Educators' Professional Practices Board. The validity of a
prior action of the State Board for Educator Certification is not
affected by the abolishment, and any pending activities of the
State Board for Educator Certification shall be deemed to have
continued without interruption or material change.
(b) The powers and duties of the Educators' Professional
Practices Board, as created by this Act, shall continue to be
exercised by the State Board for Educator Certification until the
initial appointees of the Educators' Professional Practices Board
assume their offices, which may not be later than January 1, 2006.
(c) All rules of the State Board for Educator Certification
relating to a transferred power or duty remain in effect as rules of
the Educators' Professional Practices Board until amended or
repealed by the board.
(d) A contested case, rulemaking procedure, program, test,
fee, contract, review, evaluation, sanction, act, or decision of
the State Board for Educator Certification that is pending,
completed, or in effect on the effective date of this Act shall be
deemed that of the Educators' Professional Practices Board to the
extent authorized by Subchapter B, Chapter 21, Education Code, as
amended by this article, or other law, until and unless a change is
expressly made by the board.
(e) As soon as practicable after the effective date of this
article and not later than December 1, 2005, the commissioner shall
make initial appointments to the Educators' Professional Practices
Board. In making the initial appointments, the commissioner shall
designate four members to serve terms expiring February 1, 2007,
four members to serve terms expiring February 1, 2009, and three
members to serve terms expiring February 1, 2011.
(f) A person who holds a certificate issued under Subchapter
B, Chapter 21, Education Code, as it existed on January 1, 2005, may
continue to practice under that certificate until the certificate
is renewed or replaced under Subchapter B, Chapter 21, Education
Code, as amended by this article.
(g) The code of ethics adopted under Subchapter B, Chapter
21, Education Code, by the State Board for Educator Certification
and in effect on the effective date of this article remains in
effect until superseded by rules of the Educators' Professional
Practices Board."