BILL ANALYSIS

C.S.H.B. 1415

By: Schaefer

Public Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Local school officials can currently hire an individual who is not certified to teach by issuing such an individual a school district teaching permit, but only if the Texas Education Agency (TEA) does not determine that the individual is unqualified to teach. After an uncertified individual is hired, a form must be completed and submitted to TEA. TEA then conducts an internal review process, which interested parties contend is not clearly outlined in statutes or agency rules. School districts are notified about whether TEA finds the person qualified to teach and, if the person is found to be unqualified, the person may not teach. C.S.H.B. 1415 seeks to add clarity to the process for issuing school district teaching permits to persons who will teach only career and technology education classes.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the commissioner of education in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 1415 amends the Education Code to require the commissioner of education, for purposes of issuing a school district teaching permit, to establish by rule the qualifications to teach for a person who will teach only career and technology education classes. The bill's provisions apply beginning with the 2013-2014 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1415 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Section 21.055, Education Code, is amended by adding Subsection (d-1) to read as follows: (d-1)  Subsections (c) and (d) do not apply to a person who teaches only career and technology education classes. With the approval of the superintendent of the school district, a district may issue to the person a school district teaching permit without any action by the commissioner.	SECTION 1.  Section 21.055, Education Code, is amended by adding Subsection (d-1) to read as follows: (d-1)  For purposes of issuing a school district teaching permit, the commissioner by rule shall establish the qualifications to teach for a person who will teach only career and technology education classes.
SECTION 2.  This Act applies beginning with the 2013-2014 school year.	SECTION 2. Same as introduced version.
SECTION 3.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.	SECTION 3. Same as introduced version.