Amend CSSB 422 (House committee printing) as follows:
(1) Strike SECTION 1.13 of the bill (page 12, lines 9 through 25) and renumber the subsequent SECTIONS of Article 1
accordingly.
(2) In SECTION 2.31 of the bill, in amended Section
1001.254(a), Education Code (page 80, line 19), strike "State Board
for Educator Certification" and substitute "commissioner of
education [State Board for Educator Certification]".
(3) Add the following appropriately numbered ARTICLE to the
bill and renumber 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. Sections 21.006(b), (c), (e), (f), and (g),
Education Code, are amended to read as follows:
(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 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 adopt [propose] rules as necessary to
implement this section.
SECTION __.04. Section 21.031, Education Code, is amended
to read as follows:
Sec. 21.031. COMMISSIONER REGULATION OF EDUCATOR
CERTIFICATION [PURPOSE]. (a) [The 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 commissioner [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.
SECTION __.05. 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.]
(b) The commissioner [board] shall adopt [propose] rules
that:
(1) provide for the regulation of educators and the
general administration of this subchapter in a manner consistent
with this subchapter;
(2) specify the classes of educator certificates to be
issued, including emergency certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(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
(10) provide for certification of persons performing
appraisals under Subchapter H.
(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.
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 __.06. 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 __.07. Sections 21.047(a) and (b), Education Code,
are amended to read as follows:
(a) The commissioner [board] may develop the process for the
establishment of centers for professional development through
institutions of higher education for the purpose of integrating
technology and innovative teaching practices in the preservice and
staff development training of public school teachers and
administrators. An institution of higher education with a teacher
education program may develop a center through a collaborative
process involving public schools, regional education service
centers, and other entities or businesses. A center may contract
with other entities to develop materials and provide training.
(b) On application by a center, the commissioner [board]
shall make grants to the center for its programs from funds derived
from gifts, grants, and legislative appropriations for that
purpose. The commissioner [board] shall award the grants on a
competitive basis according to requirements established by
commissioner [the board] rules.
SECTION __.08. Sections 21.048(a), (b), and (c), Education
Code, are amended to read as follows:
(a) The commissioner [board] shall adopt [propose] rules
prescribing comprehensive examinations for each class of
certificate issued by the board.
(b) The commissioner [board] may not administer a written
examination to determine the competence or level of performance of
an educator who has a hearing impairment unless the examination has
been field tested to determine its appropriateness, reliability,
and validity as applied to, and minimum acceptable performance
scores for, persons with hearing impairments.
(c) An educator who has a hearing impairment is exempt from
taking a written examination for a period ending on the first
anniversary of the date on which the commissioner [board]
determines, on the basis of appropriate field tests, that the
examination complies with the standards specified in Subsection
(b). On application to the commissioner [board], the commissioner
[board] shall issue a temporary exemption certificate to a person
entitled to an exemption under this subsection.
SECTION __.09. 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 commissioner [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 commissioner [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 commissioner [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 commissioner [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 __.10. 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 __.11. 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 __.12. Section 21.052(a), Education Code, is
amended to read as follows:
(a) The commissioner [board] may issue a certificate to an
educator who:
(1) holds:
(A) a degree issued by an institution accredited
by a regional accrediting agency or group that is recognized by a
nationally recognized accreditation board; or
(B) a degree issued by an institution located in
a foreign country, if the degree is equivalent to a degree described
by Paragraph (A);
(2) holds an appropriate certificate or other
credential issued by another state or country; and
(3) performs satisfactorily on:
(A) the examination prescribed under Section
21.048; or
(B) if the educator holds a certificate or other
credential issued by another state or country, an examination
similar to and at least as rigorous as that described by Paragraph
(A) administered to the educator under the authority of that state.
SECTION __.13. 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 __.14. Section 21.055(a), Education Code, is
amended to read as follows:
(a) As provided by this section, a school district may issue
a school district teaching permit and employ as a teacher a person
who does not hold a teaching certificate issued by the commissioner
[board].
SECTION __.15. 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 __.16. 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 __.17. Sections 21.058(b) and (d), Education Code,
are amended to read as follows:
(b) Notwithstanding Section 21.041(b)(7), not later than
the fifth day after the date the board receives notice under Article
42.018, Code of Criminal Procedure, of the conviction of a person
who holds a certificate under this subchapter, the commissioner
[board] shall:
(1) revoke the certificate held by the person; and
(2) provide to the person and to any school district or
open-enrollment charter school employing the person at the time of
revocation written notice of:
(A) the revocation; and
(B) the basis for the revocation.
(d) A person whose certificate is revoked under Subsection
(b) may reapply for a certificate in accordance with commissioner
[board] rules.
SECTION __.18. Section 21.105(c), Education Code, is
amended to read as follows:
(c) On written complaint by the employing district, the
commissioner [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 __.19. Section 21.160(c), Education Code, is
amended to read as follows:
(c) On written complaint by the employing district, the
commissioner [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 __.20. Section 21.210(c), Education Code, is
amended to read as follows:
(c) On written complaint by the employing district, the
commissioner [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 __.21. 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 __.22. 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 __.23. 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 __.24. 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 __.25. 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 __.26. 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 __.27. 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 agency [State Board for
Educator Certification] to enforce the educator's code of ethics
adopted under Section 21.041(b)(8).
SECTION __.28. Section 22.082, Education Code, is amended
to read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY AGENCY
[STATE BOARD FOR EDUCATOR CERTIFICATION]. The agency [State Board
for Educator Certification] shall obtain from any law enforcement
or criminal justice agency all criminal history record information
that relates to an applicant for or holder of a certificate issued
under Subchapter B, Chapter 21.
SECTION __.29. Section 22.083(d), Education Code, is
amended to read as follows:
(d) The superintendent of a district or the director of an
open-enrollment charter school, private school, regional education
service center, or shared services arrangement shall promptly
notify the commissioner [State Board for Educator Certification] in
writing if the person obtains or has knowledge of information
showing that an applicant for or holder of a certificate issued
under Subchapter B, Chapter 21, has a reported criminal history.
SECTION __.30. Sections 22.085 and 22.086, Education Code,
are amended to read as follows:
Sec. 22.085. DISCHARGE OF EMPLOYEES CONVICTED OF OFFENSES.
A school district, open-enrollment charter school, private school,
regional education service center, or shared services arrangement
may discharge an employee if the district or school obtains
information of the employee's conviction of a felony or of a
misdemeanor involving moral turpitude that the employee did not
disclose to the agency [State Board for Educator Certification] or
the district, school, service center, or shared services
arrangement. An employee discharged under this section is
considered to have been discharged for misconduct for purposes of
Section 207.044, Labor Code.
Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The agency
[State Board for Educator Certification], a school district, an
open-enrollment charter school, a private school, a regional
education service center, a shared services arrangement, or an
employee of the agency [board], district, school, service center,
or shared services arrangement is not civilly or criminally liable
for making a report required under this subchapter.
SECTION __.31. Sections 29.061(a)-(c) and (e), Education
Code, are amended to read as follows:
(a) The 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 __.32. 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 __.33. 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 commissioner [State Board for
Educator Certification] may revoke or suspend the certification of
a teacher who intentionally violates this subsection.
SECTION __.34. 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 __.35. 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 __.36. 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
commissioner of education [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 __.37. 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 [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 __.38. Section 411.090, Government Code, is amended
to read as follows:
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS EDUCATION AGENCY [STATE BOARD FOR EDUCATOR
CERTIFICATION]. (a) The Texas Education Agency [State Board for
Educator Certification] is entitled to obtain from the department
any criminal history record information maintained by the
department about a person who has applied to the commissioner of
education [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, denial, suspension, or cancellation of a certificate
issued under Subchapter B, Chapter 21, Education Code [by the
board];
(2) may not be released to any other person except on
court order or with the consent of the applicant for a certificate;
and
(3) shall be destroyed by the agency [board] after the
information is used for the authorized purposes.
SECTION __.39. Section 411.097(d), Government Code, is
amended to read as follows:
(d) Criminal history record information obtained by a
school district, charter school, private school, service center,
commercial transportation company, or shared services arrangement
under Subsection (a), (b), or (c) may not be released or disclosed
to any person, other than the individual who is the subject of the
information, the Texas Education Agency, [the State Board for
Educator Certification,] or the chief personnel officer of the
transportation company, if the information is obtained under
Subsection (a)(2).
SECTION __.40. 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 __.41. 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 __.42. 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 commissioner of
education [State Board for Educator Certification], the
commissioner [State Board for Educator Certification] may revoke
[cancel] the teacher certificate of a person if the commissioner
[State Board for Educator Certification] determines that the person
committed the offense.
(b) The commissioner of education [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 commissioner of
education [State Board for Educator Certification or its executive
director].
SECTION __.43. 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;
(24) Texas State Board of Public Accountancy;
(25) Texas Education Agency [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 __.44. 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 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 __.45. 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 __.46. Sections 21.032, 21.033, 21.034, 21.035,
21.036, 21.037, 21.038, 21.039, 21.040, 21.042, and 21.043,
Education Code, are repealed.
SECTION __.47. (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 Texas Education Agency. 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) All rules of the State Board for Educator Certification
relating to a transferred power or duty remain in effect as rules of
the commissioner of education until amended or repealed by the
commissioner.
(c) 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 article shall
be deemed that of the commissioner of education 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 commissioner.
(d) 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.
(e) 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 commissioner of education.