79R705 BDH-D
By: Shapleigh S.B. No. 418
A BILL TO BE ENTITLED
AN ACT
relating to continuation and functions of the State Board for
Educator Certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.056(a), Education Code, is amended to
read as follows:
(a) Except as provided by this subsection and Subsection
(e), a school campus or district may apply to the commissioner for a
waiver of a requirement, restriction, or prohibition imposed by
this code or rule of the board or commissioner. A waiver of a
requirement related to educator certification under Subchapter B,
Chapter 21, is governed by Section 21.0572.
SECTION 2. Section 21.003(a), Education Code, is amended to
read as follows:
(a) A person may not be employed as a teacher, teacher
intern or teacher trainee, librarian, educational aide,
administrator, educational diagnostician, or counselor by a school
district unless the person holds an appropriate certificate or
permit issued as provided by Subchapter B.
SECTION 3. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0331, 21.0332, and 21.0341 to read as
follows:
Sec. 21.0331. INELIGIBILITY TO SERVE ON BOARD;
INELIGIBILITY FOR CERTAIN POSITIONS. (a) In this section, "Texas
trade association" means a cooperative and voluntarily joined
statewide association of business or professional competitors in
this state designed to assist its members and its industry or
profession in dealing with mutual business or professional problems
and in promoting their common interest.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of education;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of education.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
Sec. 21.0332. TRAINING PROGRAM FOR MEMBERS OF BOARD. (a) A
person who is appointed and qualifies for office as a member of the
board may not vote, deliberate, or be counted as a member in
attendance at a meeting of the board until the person completes a
training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this subchapter and the programs, functions,
rules, and budget of the board;
(2) the results of the most recent formal audit of the
board;
(3) the requirements of laws relating to open
meetings, public information, administrative procedure, and
conflicts of interest; and
(4) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program,
regardless of whether attendance at the program occurs before or
after the person qualifies for office.
Sec. 21.0341. REMOVAL FROM BOARD. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
applicable qualifications for office under Section 21.033;
(2) except as provided by Subsection (b), does not
maintain during service on the board the applicable qualifications
for office under Section 21.033;
(3) is ineligible for membership under Section
21.0331;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year, without an excuse approved by a majority
vote of the board.
(b) A member of the board appointed under Section
21.033(a)(1) who retires from teaching during the member's term of
office is entitled to complete the term.
(c) The validity of an action of the board is not affected by
the fact that the action was taken when a ground for removal of a
board member existed.
(d) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer of
the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
SECTION 4. 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
September 1, 2017 [2005].
SECTION 5. Section 21.036, Education Code, is amended to
read as follows:
Sec. 21.036. OFFICERS. (a) The governor [board] shall
designate [elect] one of the board [its] members to serve as
presiding officer of the board [for a term of two years]. The
presiding officer serves at the pleasure of the governor and is
entitled to vote on all matters before the board.
(b) The board may elect other officers from among its
membership.
SECTION 6. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0401 and 21.0402 to read as follows:
Sec. 21.0401. COLLECTION OF FINGERPRINTS REQUIRED. The
board shall obtain a complete set of fingerprints from:
(1) each applicant for a certificate issued under this
subchapter; and
(2) each applicant for or holder of a teaching permit
or provisional certificate issued under this subchapter.
Sec. 21.0402. INFORMATIONAL MATERIALS RELATING TO
CERTIFICATION REQUIREMENTS. (a) The board shall develop and
update as necessary informational materials regarding the
requirements for educator certification, including information
related to criminal history check requirements and the type of
criminal history that could prevent a person from becoming
certified.
(b) The board shall make the informational materials
described by Subsection (a) available to each educator preparation
program or alternative certification program.
SECTION 7. Sections 21.041(b) and (c), Education Code, are
amended to read as follows:
(b) The board shall propose rules that:
(1) provide for the regulation of educators and the
general administration of this subchapter in a manner consistent
with this subchapter;
(2) specify the classes of educator certificates to be
issued, including emergency certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language;
(7) provide for the investigation of complaints of
disciplinary violations, including:
(A) a deadline for each action in the
investigation of a complaint;
(B) notification requirements for each party
involved in the complaint; and
(C) a method for designating the severity of an
alleged violation that allows the board to set priorities for
conducting investigations;
(8) provide for disciplinary proceedings, including
the suspension or revocation of an educator certificate, as
provided by Chapter 2001, Government Code;
(9) [(8)] provide for the adoption, amendment, and
enforcement of an educator's code of ethics;
(10) [(9)] provide for continuing education
requirements; and
(11) [(10)] provide for certification of persons
performing appraisals under Subchapter H.
(c) The board shall propose rules [a rule] adopting fees [a
fee] for:
(1) the issuance and maintenance of each [an] educator
certificate, including a provisional certificate, that is adequate
to cover the cost of administration of this subchapter, including
any amount necessary to cover the cost of obtaining fingerprints
under Section 21.0401 or conducting a national criminal background
check under Section 22.082; and
(2) covering the cost of obtaining fingerprints from
or conducting a national criminal background check on a holder of a
teaching permit issued under this subchapter.
SECTION 8. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0411-21.0414 to read as follows:
Sec. 21.0411. DEVELOPMENT OF PROPOSED RULES. (a) This
section applies to the process by which the State Board for Educator
Certification develops proposed rules for the State Board of
Education's consideration under Section 21.042 before the proposed
rules are published in the Texas Register and before the State Board
for Educator Certification or the State Board of Education complies
with the rulemaking requirements of Chapter 2001, Government Code.
This section does not affect any duty to comply with the rulemaking
requirements of that law.
(b) The State Board for Educator Certification shall
establish a checklist of methods that, to the extent appropriate,
the board will follow to obtain early in the rule development
process the advice and opinions of the public and of persons who
will be most affected by a proposed rule. The checklist must
include methods for identifying persons who will be most affected
and for soliciting at a minimum the advice and opinions of the
agency, other state agency personnel, educators, school district
administrators, and, to the extent appropriate, parents. The
checklist may include negotiated rulemaking, informal conferences,
advisory committees, and any other appropriate method.
(c) A rule proposed by the State Board for Educator
Certification and adopted by the State Board of Education may not be
challenged on the grounds that the State Board for Educator
Certification did not comply with this section.
(d) This section does not apply to the proposal of an
emergency rule to be adopted in accordance with Section 2001.034,
Government Code.
Sec. 21.0412. PUBLIC TESTIMONY. The board shall develop
and implement policies designed to provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
Sec. 21.0413. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE RESOLUTION. (a) The board shall develop and implement a
policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the proposal of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking and alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Sec. 21.0414. TECHNOLOGY POLICY. The board shall
implement a policy requiring the board to use appropriate
technological solutions to improve the board's ability to perform
its functions. The policy must ensure that the public is able to
interact with the board on the Internet.
SECTION 9. Section 21.042, Education Code, is amended to
read as follows:
Sec. 21.042. APPROVAL OF RULES. (a) The State Board for
Educator Certification must submit a written copy of each rule it
proposes to adopt to the State Board of Education for review.
(b) By a vote of at least two-thirds of the members present
and voting, the [The] State Board of Education may:
(1) reject a portion of a proposed rule; or
(2) reject an entire [a] proposed rule [by a vote of at
least two-thirds of the members of the board present and voting].
(c) If the State Board of Education fails to reject a
proposal before the 90th day after the date on which it receives the
proposal, the proposal takes effect as a rule of the State Board for
Educator Certification as provided by Chapter 2001, Government
Code.
(d) Except as provided by Subsection (b)(1), the [The] State
Board of Education may not modify a rule proposed by the State Board
for Educator Certification.
SECTION 10. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0421 to read as follows:
Sec. 21.0421. ACCEPTANCE OF GIFTS, DONATIONS, AND GRANTS.
(a) The board may solicit and accept for the purposes of this
subchapter:
(1) gifts and donations from any source the board
considers appropriate; and
(2) grants from any source, other than the federal
government, the board considers appropriate.
(b) Not later than December 31 of each year, the board shall
report to the lieutenant governor and the speaker of the house of
representatives:
(1) the source and amount of each gift, donation, and
grant accepted under this section; and
(2) the source and amount of each gift, donation, or
grant offered to but not accepted by the board.
SECTION 11. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0485 and 21.0521 to read as follows:
Sec. 21.0485. EXAMINATION RESULTS. (a) Not later than the
30th day after the date a person takes a certification examination
under this subchapter, the board shall notify the person of the
examination results.
(b) If the examination is graded or reviewed by a testing
service:
(1) the board shall notify the person of the
examination results not later than the 14th day after the date the
board receives the results from the testing service; and
(2) if notice of the examination results will be
delayed for longer than 90 days after the examination date, the
board shall notify the person of the reason for the delay before the
90th day.
(c) The board may require a testing service to notify a
person of the results of the person's examination.
(d) If requested in writing by a person who fails a
certification examination administered under this subchapter, the
board shall furnish the person with an analysis of the person's
performance on the examination.
Sec. 21.0521. PROVISIONAL CERTIFICATE. (a) After a
satisfactory review of an applicant's educator credentials, the
board may issue a provisional certificate to an applicant who is
currently certified or licensed in good standing as an educator in
another jurisdiction, including a foreign country, that has
certification or licensing requirements that are substantially
equivalent to the requirements of this subchapter but who has not
passed an examination determined by the board to be similar to and
at least as rigorous as the examination prescribed under Section
21.048.
(b) A provisional certificate issued under this section is
valid for not longer than 12 months from the effective date of the
provisional certificate.
(c) The board shall issue a standard certificate under this
subchapter to the provisional certificate holder if the person is
eligible to be certified under Section 21.052.
SECTION 12. Sections 21.055(c) and (d), Education Code, are
amended to read as follows:
(c) Promptly after employing a person under this section, a
school district shall send to the board the person's fingerprints
and [commissioner] a written statement identifying the person, the
person's qualifications as a teacher, and the subject or class the
person will teach. The person may teach the subject or class
pending action by the board [commissioner].
(d) Not later than the 30th day after the date the board
[commissioner] receives the statement under Subsection (c), the
board [commissioner] may inform the district in writing that the
board [commissioner] finds the person is not qualified to teach.
The person may not teach if the board [commissioner] finds the
person is not qualified. If the board [commissioner] fails to act
within the time prescribed by this subsection, the district may
issue to the person a school district teaching permit and the person
may teach the subject or class identified in the statement.
SECTION 13. 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 the individual's [his or her] area of
certification, as determined by rules proposed by the board in
specifying the certificate required for each assignment;
(B) serving on a certificate issued due to a
hearing impairment under Section 21.048;
(C) serving on a certificate issued pursuant to
enrollment in an approved alternative certification program under
Section 21.049;
(D) certified by another state or country and
serving on a certificate issued under Section 21.052 or a
provisional certificate issued under Section 21.0521;
(E) serving on a school district teaching permit
issued under Section 21.055; or
(F) employed under a waiver granted by the board
[commissioner] pursuant to Section 21.0572 [7.056].
SECTION 14. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0571-21.0575 to read as follows:
Sec. 21.0571. COMPLAINTS. (a) The board shall maintain a
system to promptly and efficiently act on complaints filed with the
board. The board shall maintain information about parties to the
complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and its
disposition.
(b) The board shall make information available describing
its procedures for complaint investigation and resolution.
(c) The board shall periodically notify the complaint
parties of the status of the complaint until final disposition.
Sec. 21.0572. WAIVER OF CERTIFICATION REQUIREMENT. A
school district may apply to the board for a waiver of a requirement
under this subchapter that prohibits a teacher from teaching
outside the teacher's area of certification.
Sec. 21.0573. EXPIRATION OF CERTIFICATES. The board by
rule may adopt a system under which certificates expire on various
dates during the year. For the year in which the certificate
expiration date is changed, the board shall prorate certification
fees on a monthly basis so that each certificate holder pays only
that portion of the fee that is allocable to the number of months
during which the certificate is valid. On renewal of the
certificate on the new expiration date, the total renewal fee is
payable.
Sec. 21.0574. CERTIFICATE RENEWAL. (a) A person who is
otherwise eligible to renew a certificate may renew an unexpired
certificate by paying the required renewal fee to the board before
the expiration date of the certificate. A person whose certificate
has expired may not engage in activities that require a certificate
until the certificate has been renewed.
(b) A person whose certificate has been expired for 90 days
or less may renew the certificate by paying to the board a renewal
fee that is equal to one and one-half times the normally required
renewal fee.
(c) A person whose certificate has been expired for more
than 90 days but less than one year may renew the certificate by
paying to the board a renewal fee that is equal to two times the
normally required renewal fee.
(d) A person whose certificate has been expired for one year
or more may not renew the certificate. The person may obtain a new
certificate by complying with the requirements and procedures,
including the examination requirements, for obtaining an original
certificate.
(e) A person who held a certificate in this state, moved to
another state, and currently holds a certificate and has been in
practice in the other state for the two years preceding the date of
application may obtain a new certificate without reexamination.
The person must pay to the board a fee that is equal to two times the
normally required renewal fee for the certificate.
(f) Not later than the 30th day before the date a person's
certificate is scheduled to expire, the board shall send written
notice of the impending expiration to the person at the person's
last known address according to the records of the board.
Sec. 21.0575. REVOCATION, MODIFICATION, OR SUSPENSION OF
CERTIFICATE GENERALLY. (a) The board shall revoke, suspend, or
refuse to renew a certificate or reprimand a certificate holder for
a violation of this subchapter or a rule of the board.
(b) The board may place on probation a person whose
certificate has been suspended. If a certificate suspension is
probated, the board may require the person:
(1) to report regularly to the board on matters that
are the basis of the probation;
(2) to limit activities to the areas prescribed by the
board; or
(3) to continue or review professional education until
the person attains a degree of skill satisfactory to the board in
those areas that are the basis of the probation.
SECTION 15. Section 21.058(b), Education Code, is amended
to read as follows:
(b) Notwithstanding Section 21.041(b)(8) [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 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.
SECTION 16. 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 State Board for Educator
Certification to enforce the educator's code of ethics adopted
under Section 21.041(b)(9) [21.041(b)(8)].
SECTION 17. Section 22.082, Education Code, is amended to
read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY STATE
BOARD FOR EDUCATOR CERTIFICATION. The State Board for Educator
Certification shall obtain from any law enforcement or criminal
justice agency all state and national criminal history record
information that relates to an applicant for or holder of a
certificate or permit issued under Subchapter B, Chapter 21. The
board shall require an applicant or holder to pay any costs related
to obtaining criminal history information under this section.
SECTION 18. Subchapter C, Chapter 22, Education Code, is
amended by adding Section 22.0821 to read as follows:
Sec. 22.0821. INITIATION OF CRIMINAL HISTORY CHECK BY
CERTAIN STUDENTS. The State Board for Educator Certification may
allow a person enrolled in an educator preparation program or an
alternative certification program to, before the person completes
the program or submits an application for certification, submit
fingerprints in accordance with Section 21.0401 and request that
the board begin to obtain criminal history information relating to
the person as required by Section 22.082.
SECTION 19. Section 411.090, Government Code, is amended to
read as follows:
Sec. 411.090. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION
AND FINGERPRINTS: STATE BOARD FOR EDUCATOR CERTIFICATION. (a) The
State Board for Educator Certification is entitled to obtain from
the department any criminal history record information maintained
by the department about a person who has applied or intends to apply
[to the board] for a certificate or permit under Subchapter B,
Chapter 21, Education Code.
(b) Criminal history record information obtained by the
board under Subsection (a):
(1) may be used for any purpose related to the
issuance, denial, suspension, or cancellation of a certificate or
permit under Subchapter B, Chapter 21, Education Code [issued by
the board]; and
(2) may not be released to any person except on court
order or with the consent of the applicant for a certificate or
permit [; and
[(3) shall be destroyed by the board after the
information is used for the authorized purposes].
(c) The State Board for Educator Certification may keep on
file with the department all fingerprints obtained by the board
under Section 21.0401, Education Code. The department shall notify
the board of the arrest of any educator who has fingerprints on file
with the department.
(d) In this section, "educator" has the meaning assigned by
Section 5.001, Education Code.
SECTION 20. Section 21.035(c), Education Code, is repealed.
SECTION 21. (a) Not later than January 1, 2006, the State
Board for Educator Certification shall propose rules governing the
certification of educational diagnosticians. Section 21.003(a),
Education Code, as amended by this Act, applies only to the
employment of an educational diagnostician by a school district on
or after September 1, 2006.
(b) Sections 21.0331 and 21.0332, Education Code, as added
by this Act, do not affect the entitlement of a person serving as a
member of the State Board for Educator Certification immediately
before September 1, 2005, to continue to serve and function as a
member of the board for the remainder of the person's term.
Sections 21.0331 and 21.0332, Education Code, as added by this Act,
apply only to a person appointed to the State Board for Educator
Certification on or after September 1, 2005.
(c) Section 21.0485, Education Code, as added by this Act,
applies only to an examination administered under Subchapter B,
Chapter 21, Education Code, on or after September 1, 2005.
(d) Section 21.0571, Education Code, as added by this Act,
applies only to a complaint filed with the State Board for Educator
Certification on or after September 1, 2005, regardless of whether
the conduct or act that is the subject of the complaint occurred or
was committed before, on, or after that date.
(e) Section 21.0574, Education Code, as added by this Act,
applies to fees for renewal of a certificate under Subchapter B,
Chapter 21, Education Code, that expires on or after September 1,
2005. Fees for renewal of a certificate that expired before that
date are governed by the law in effect on the date the certificate
expired, and the former law is continued in effect for that purpose.
SECTION 22. This Act takes effect September 1, 2005.