Amend CSHB 2 by adding the following appropriately numbered
article and renumbering the subsequent articles accordingly:
ARTICLE ___. ABOLISHMENT OF STATE BOARD FOR EDUCATOR
CERTIFICATION; TRANSFER OF POWERS AND DUTIES
SECTION ____.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 ____.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 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 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 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 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 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 ____.03. Section 21.006, Education Code, is amended
by amending Subsections (a)-(c) and (e)-(g) and adding Subsection
(h) 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 commissioner [State 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
commissioner [State Board for Educator Certification] by filing a
report with the commissioner [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 commissioner
[State Board for Educator Certification] under this section is
immune from civil or criminal liability that might otherwise be
incurred or imposed.
(f) The board, acting on a recommendation of the
commissioner, [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 commissioner [State Board for Educator
Certification] shall propose rules as necessary to implement this
section.
(h) The commissioner shall forward a report received under
this section to the board for use as the commissioner determines
appropriate in the execution of the board's duties.
SECTION ____.035. Subchapter A, Chapter 21, Education Code,
is amended by adding Section 21.007 to read as follows:
Sec. 21.007. RECOMMENDATION TO SANCTION. The commissioner
shall determine whether to recommend a sanction against an educator
to the board under this chapter. The board shall make a final
determination regarding the imposition of a sanction under this
chapter.
SECTION ____.04. Sections 21.031 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 in the agency 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.
(b) The commissioner shall adopt rules governing the
certification of educators and continuing education for educators.
In adopting [In proposing] rules under this subchapter, the
commissioner [board] shall ensure that all candidates for
certification or renewal of certification demonstrate the
knowledge and skills necessary to improve the performance of the
diverse student population of this state.
Sec. 21.032. DEFINITION. In this subchapter, "board"
means the Educators' Professional Practices [State] Board [for
Educator Certification].
SECTION ____.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 ____.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.
(d) The commissioner shall designate a member of the board
as the presiding officer of the board to serve in that capacity at
the pleasure of the commissioner.
(e) The agency shall provide administrative services for
the board as necessary.
(f) A reference in law to the State Board for Educator
Certification means the Educators' Professional Practices Board.
SECTION ____.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 ___.075. Section 21.035(a), Education Code, is
amended to read as follows:
[(a)] 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
[September 1, 2005].
SECTION ___.08. Subchapter B, Chapter 21, Education Code,
is amended by adding Section 21.0391 to read as follows:
Sec. 21.0391. ADVISORY COMMITTEE. (a) The commissioner
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 and educator preparation program standards
under Sections 21.044 and 21.045, and propose related rules to the
commissioner 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.
(c) The commissioner 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
two-thirds 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 commissioner.
SECTION ___.09. Sections 21.041, 21.044, and 21.045,
Education Code, are amended to read as follows:
Sec. 21.041. RULES; FEES. (a) The board may adopt rules as
necessary for its own procedures.
(a-1) The board shall adopt rules that provide for the
adoption and amendment of an educator's code of ethics.
(b) The commissioner [board] shall adopt [propose] rules
that:
(1) provide for the issuance and renewal of educator
certificates. [regulation of educators and the general
administration of this subchapter] in a manner consistent with this
subchapter;
(2) specify the classes of educator certificates to be
issued, including emergency certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language;
(7) provide for disciplinary proceedings, including
the suspension or revocation of an educator certificate, as
provided by Chapter 2001, Government Code;
(8) [provide for the adoption, amendment, and
enforcement of an educator's code of ethics;
[(9)] provide for continuing education requirements;
[and]
(9) [(10)] provide for certification of persons
performing appraisals under Subchapter H; and
(10) provide for the regulation of educators in a
manner consistent with this subchapter.
(c) The commissioner by rule [board] shall set [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, including costs related to the operation of the
board.
Sec. 21.044. EDUCATOR PREPARATION. The commissioner
[board] shall adopt [propose] rules establishing the training
requirements a person must accomplish to obtain a certificate,
enter an internship, or enter an induction-year program. The
commissioner [board] shall specify the minimum academic
qualifications required for a certificate.
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 commissioner [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 ___.10. Sections 21.046(c) and (d), Education Code,
are amended to read as follows:
(c) Because an effective principal is essential to school
improvement, the commissioner [board] shall ensure that:
(1) each candidate for certification as a principal is
of the highest caliber; and
(2) multi-level screening processes, validated
comprehensive assessment programs, and flexible internships with
successful mentors exist to determine whether a candidate for
certification as a principal possesses the essential knowledge,
skills, and leadership capabilities necessary for success.
(d) In creating the qualifications for certification as a
principal, the commissioner [board] shall consider the knowledge,
skills, and proficiencies for principals as developed by relevant
national organizations and the State Board of Education.
SECTION ___.11. Section 21.048(a), Education Code, is
amended to read as follows:
(a) The commissioner [board] shall adopt [propose] rules
prescribing comprehensive examinations for each class of
certificate issued by the board.
SECTION ___.12. Sections 21.0481, 21.0482, 21.0483,
21.0484, and 21.049, Education Code, are 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 commissioner [board] shall establish a
master reading teacher certificate.
(b) The 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 commissioner
[board]; and
(D) satisfy any other requirements prescribed by
the commissioner [board].
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 commissioner [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 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
commissioner [board]; and
(5) satisfy any other requirements prescribed by the
commissioner [board].
(d) The course of instruction prescribed under Subsection
(c)(3) shall be developed by the commissioner [board] in
consultation with mathematics and science faculty members at
institutions of higher education.
Sec. 21.0483. 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 commissioner [board] shall
establish a master technology teacher certificate.
(b) The 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 commissioner [board].
(d) The commissioner [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.
Sec. 21.0484. MASTER SCIENCE 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
science performance, the commissioner [board] shall establish:
(1) a master science teacher certificate to teach
science at elementary school grade levels;
(2) a master science teacher certificate to teach
science at middle school grade levels; and
(3) a master science teacher certificate to teach
science at high school grade levels.
(b) The board shall issue the appropriate master science
teacher certificate to each eligible person.
(c) To be eligible for a master science 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 science that
includes training in science instruction and professional peer
mentoring techniques that, through scientific testing, have been
proven effective;
(4) perform satisfactorily on the appropriate master
science teacher certification examination prescribed by the
commissioner [board]; and
(5) satisfy any other requirements prescribed by the
commissioner [board].
(d) The course of instruction prescribed under Subsection
(c)(3) shall be developed by the commissioner [board] in
consultation with science faculty members at institutions of higher
education.
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 commissioner [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 __.13. 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 __.14. 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 __.15. Section 21.054(a), Education Code, is
amended to read as follows:
(a) The commissioner [board] shall adopt [propose] rules
establishing a process for identifying continuing education
courses and programs that fulfill educators' continuing education
requirements.
SECTION __.16. 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 __.17. Section 21.057(d), Education Code, is
amended to read as follows:
(d) For purposes of this section, "inappropriately
certified or uncertified teacher":
(1) includes:
(A) an individual serving on an emergency
certificate issued under Section 21.041(b)(2); or
(B) an individual who does not hold any
certificate or permit issued under this chapter and is not employed
as specified by Subdivision (2)(E); and
(2) does not include an individual:
(A) who is a certified teacher assigned to teach
a class or classes outside his or her area of certification, as
determined by rules adopted [proposed] by the commissioner [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 __.18. Section 21.058(d), Education Code, is
amended to read as follows:
(d) A person whose certificate is revoked under Subsection
(b) may reapply for a certificate in accordance with commissioner
[board] rules.
SECTION __.19. Section 21.105(c), Education Code, is
amended to read as follows:
(c) On written complaint by the employing district and
recommendation by the commissioner, 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 __.20. Section 21.160(c), Education Code, is
amended to read as follows:
(c) On written complaint by the employing district and
recommendation by the commissioner, 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 __.21. Section 21.210(c), Education Code, is
amended to read as follows:
(c) On written complaint by the employing district and
recommendation by the commissioner, 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 __.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, 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 commissioner [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. 21.552. PROGRAM ESTABLISHED. The commissioner [State
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 commissioner [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 commissioner [State
Board for Educator Certification] for that purpose.
(c) The commissioner [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 22.0512(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 __.29. Section 22.082, Education Code, is amended
to read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
EDUCATION AUTHORITIES [BOARD FOR EDUCATOR CERTIFICATION]. (a) 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.
(b) The Educators' Professional Practices Board may obtain
from any law enforcement or criminal justice agency all criminal
history record information that relates to a holder of a
certificate issued under Subchapter B, Chapter 21.
SECTION __.30. 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 Educators' Professional Practices [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. The board shall notify the commissioner of the
reported criminal history.
SECTION __.31. 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.
Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The agency,
the Educators' Professional Practices [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 __.32. Sections 29.061(a)-(c) and (e), Education
Code, are amended to read as follows:
(a) The commissioner [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 commissioner [board] shall also provide for the issuance of
teaching certificates appropriate for teaching English as a second
language. The commissioner [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 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 __.33. 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 commissioner [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.
(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 commissioner [State Board for Educator
Certification];
(2) employing a part-time teacher certified as a
counselor under the rules of the commissioner [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 the rules of the commissioner [State Board for
Educator Certification].
SECTION __.34. Section 37.007(g), Education Code, is
amended to read as follows:
(g) A school district shall inform each teacher who has
regular contact with a student through a classroom assignment of
the conduct of a student who has engaged in any violation listed in
this section. A teacher shall keep the information received in this
subsection confidential. The Educators' Professional Practices
[State] Board [for Educator Certification] on recommendation of the
commissioner may revoke or suspend the certification of a teacher
who intentionally violates this subsection.
SECTION __.35. 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 commissioner of education [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 __.36. Section 61.077, Education Code, as amended
by Chapters 61, 818, and 820, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
Sec. 61.077. P-16 COUNCIL. (a) The P-16 Council shall
advise the Texas Higher Education Coordinating Board and the State
Board of Education in coordinating postsecondary career and
technology activities, career and technology teacher education
programs offered or proposed to be offered in the colleges and
universities of this state, and other relevant matters, including
those listed in Section 61.076.
(b) The council is composed of the commissioner of
education, the commissioner of higher education, and the executive
director of the Texas Workforce Commission[, and the executive
director of the State Board for Educator Certification]. Existing
members of the council may appoint additional members as the
members consider necessary. The position of presiding officer
rotates among the members of the council in the order the members
are listed in this subsection, with each member serving as the
presiding officer for one two-year term.
(c) The council shall meet at least once each calendar
quarter and may hold other meetings as necessary at the call of the
presiding officer. Each member of the council or the member's
designee shall make a report of the council's activities at least
twice annually to the governing body of the member's agency or, in
the case of the commissioner of education, to the State Board of
Education.
(d) The purposes of this council shall include the
following:
(1) to advise the two boards on the coordination of
postsecondary career and technology education and the articulation
between postsecondary career and technology education and
secondary career and technology education;
(2) to facilitate the transfer of responsibilities for
the administration of postsecondary career and technology
education from the State Board of Education to the board in
accordance with Section 111(a)(I) of the Carl D. Perkins Vocational
Education Act, Public Law 98-524;
(3) to cooperate with the commissioner of higher
education and the State Board of Education, when it acts as the
State Board for Career and Technology Education, on the following:
(A) the transfer of federal funds to the board
for allotment to eligible public postsecondary institutions of
higher education;
(B) the career and technology education funding
for projects and institutions as determined by the board when the
State Board for Career and Technology Education is required by
federal law to endorse such determinations;
(C) the development and updating of the state
plan for career and technology education and the evaluation of
programs, services, and activities of postsecondary career and
technology education and such amendments to the state plan for
career and technology education as may relate to postsecondary
education;
(D) other matters related to postsecondary
career and technology education; and
(E) the coordination of curricula, instructional
programs, research, and other functions as appropriate, including
areas listed in Section 61.076, school-to-work and
school-to-college transition programs, and professional
development activities;
(4) to advise the Texas Workforce Investment Council
on educational policy issues related to workforce preparation; and
(5) to examine and make recommendations regarding the
alignment of secondary and postsecondary education:
(A) curricula; and
(B) testing and assessment.
(e) Subsection (d)(5) does not require the council to
establish curriculum or testing or assessment standards.
SECTION __.37. 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 commissioner [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 ____.38. 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 ____.39. 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
Texas Education Agency and 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 ____.40. Section 411.090, Government Code, is
amended to read as follows:
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: STATE EDUCATIONAL AUTHORITIES [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 commissioner
[board] for a certificate or holds 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
or[,] denial[, suspension, or cancellation] of a certificate issued
under Subchapter B, Chapter 21, Education Code [by the board];
(2) may be provided to the Educators' Professional
Practices Board to be used for any purpose related to the suspension
or revocation of a certificate issued under Subchapter B, Chapter
21, Education Code;
(3) may not be released to any other person except on
court order or with the consent of the applicant for a certificate;
and
(4) [(3)] shall be destroyed by the agency [board]
after the information is used for the authorized purposes.
(c) The Educators' Professional Practices Board is entitled
to obtain from the department any criminal history record
information maintained by the department about a person who holds a
certificate issued under Subchapter B, Chapter 21, Education Code.
(d) Criminal history record information obtained by the
board under Subsection (c):
(1) may be used for any purpose related to the
suspension or revocation of a certificate issued under Subchapter
B, Chapter 21, Education Code;
(2) may be provided to the Texas Education Agency to be
used for any purpose related to the issuance or denial of a
certificate under Subchapter B, Chapter 21, Education Code;
(3) may not be released to any other person except on
court order or with the consent of the holder of the certificate;
and
(4) shall be destroyed by the board after the
information is used for the authorized purposes.
SECTION ____.41. 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 Educators'
Professional Practices [State] Board [for Educator Certification],
or the chief personnel officer of the transportation company, if
the information is obtained under Subsection (a)(2).
SECTION ____.42. 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 Board for Educator Certification,] the
Telecommunications Infrastructure Fund, and the Texas School for
the Deaf.
SECTION ____.43. 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 and[,] the Texas Education Agency[, and the State
Board for Educator Certification].
SECTION ____.44. 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 Educators' Professional Practices [State]
Board [for Educator Certification], the board [State Board for
Educator Certification] may 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 ___.45. Section 2054.352(a), Government Code, is
reenacted and amended to conform to Chapters 553, 1216, and 1275,
Acts of the 78th Legislature, Regular Session, 2003, and further
amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353[, as added by Chapter
353, Acts of the 77th Legislature, Regular Session, 2001]:
(1) State Board of Barber Examiners;
(2) Texas Board of Chiropractic Examiners;
(3) Texas Cosmetology Commission;
(4) Court Reporters Certification Board;
(5) State Board of Dental Examiners;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Land Surveying;
(8) Texas State Board of Medical Examiners;
(9) Board of Nurse Examiners;
(10) Texas Optometry Board;
(11) Texas Structural Pest Control Board;
(12) Texas State Board of Pharmacy;
(13) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(14) Texas State Board of Plumbing Examiners;
(15) Texas State Board of Podiatric Medical Examiners;
(16) Board of Tax Professional Examiners;
(17) Polygraph Examiners Board;
(18) Texas State Board of Examiners of Psychologists;
(19) State Board of Veterinary Medical Examiners;
(20) Texas Real Estate Commission;
(21) Texas Appraiser Licensing and Certification
Board;
(22) Texas Department of Licensing and Regulation;
(23) [(24)] Texas State Board of Public Accountancy;
(24) Texas Education Agency;
(25) Educators' Professional Practices [State] Board
[for Educator Certification];
(26) Texas Board of Professional Engineers;
(27) Texas Department of Health;
(28) Texas Board of Architectural Examiners;
(29) Texas Racing Commission;
(30) Commission on Law Enforcement Officer Standards
and Education; and
(31) Texas Commission on Private Security.
SECTION ___.46. Section 2165.104(c), Government Code, is
amended to read as follows:
(c) To the extent possible without sacrificing critical
public or client services, the commission may not allocate usable
office space, as defined by the commission, to a state agency under
Article I, II, V, VI, VII, or VIII of the General Appropriations Act
or to the Texas Higher Education Coordinating Board, the Texas
Education Agency, the Educators' Professional Practices [State]
Board [for Educator Certification], the Telecommunications
Infrastructure Fund Board, or the Office of Court Administration of
the Texas Judicial System in an amount that exceeds an average of
135 square feet per agency employee for each agency site. To the
extent that any of those agencies allocates its own usable office
space, as defined by the commission, the agency shall allocate the
space to achieve the required ratio. This subsection does not apply
to:
(1) an agency site at which there are so few employees
that it is not practical to apply this subsection to that site, as
determined by the commission; and
(2) an agency site at which it is not practical to
apply this subsection because of the site's type of space or use of
space, as determined by the commission.
SECTION ___.47. 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 under Subchapter
B, Chapter 21, Education Code [by the State Board for Educator
Certification].
SECTION ___.48. Sections 21.035(b) and (c), 21.039, 21.040,
and 21.042, Education Code, are repealed.
SECTION ___.49. (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 and the Texas Education
Agency, as determined appropriate by the commissioner of education.
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 or commissioner of
education, as appropriate, until amended or repealed by the board
or commissioner.
(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 commissioner of education or the Educators'
Professional Practices Board to the extent authorized by Subchapter
B, Chapter 21, Education Code, as amended by this Act, or other law,
until and unless a change is expressly made by the commissioner or
the board, as appropriate,.
(e) As soon as practicable after the effective date of this
article and not later than November 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.