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|
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A BILL TO BE ENTITLED
|
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AN ACT
|
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relating to the continuation and functions of the Texas Education |
|
Agency and to the abolition of the State Board for Educator |
|
Certification and the transfer of its functions to the Texas |
|
Education Agency; changing the amounts of certain fees. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 7.004, Education Code, is amended to |
|
read as follows: |
|
Sec. 7.004. SUNSET PROVISION. The Texas Education Agency |
|
is subject to Chapter 325, Government Code (Texas Sunset Act). |
|
Unless continued in existence as provided by that chapter, the |
|
agency is abolished September 1, 2025 [2013]. |
|
SECTION 2. Section 7.021(a), Education Code, is amended to |
|
read as follows: |
|
(a) The agency shall: |
|
(1) distribute state and federal funding to public |
|
schools and ensure the proper use of those funds; |
|
(2) monitor public schools for compliance with state |
|
and federal guidelines; |
|
(3) administer the statewide standardized testing |
|
program and accountability systems; |
|
(4) provide assistance to and impose interventions and |
|
sanctions on public schools that consistently fail to meet state or |
|
federal accountability standards; |
|
(5) provide support to the board in developing |
|
statewide curriculum standards, adopting instructional materials, |
|
managing the instructional materials allotment and distribution |
|
process, and carrying out duties related to the permanent school |
|
fund; |
|
(6) collect, analyze, and make accessible a wide array |
|
of educational and financial data from public schools; |
|
(7) ensure the quality of public school educators by |
|
certifying educators, regulating educator preparation programs, |
|
and taking enforcement action in cases of educator misconduct; and |
|
(8) carry out any other duties imposed on the agency by |
|
the legislature [perform the educational functions provided by
|
|
Subsection (b)]. |
|
SECTION 3. Subchapter B, Chapter 7, Education Code, is |
|
amended by adding Section 7.0235 to read as follows: |
|
Sec. 7.0235. RESTRICTIONS ON AGENCY EMPLOYMENT. (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 an agency 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 elementary |
|
or secondary education; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in the field of elementary |
|
or secondary education. |
|
(c) A person may not act as the general counsel to the |
|
commissioner or the agency 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 agency. |
|
SECTION 4. Subchapter B, Chapter 7, Education Code, is |
|
amended by adding Sections 7.034, 7.035, and 7.036 to read as |
|
follows: |
|
Sec. 7.034. PUBLIC INVOLVEMENT POLICY. The agency shall |
|
develop and implement a policy regarding public involvement with |
|
the agency. The policy must: |
|
(1) describe how the agency will proactively engage |
|
stakeholders; |
|
(2) distinguish the purposes and appropriate uses of |
|
advisory committees and informal work groups, including by |
|
specifying that an informal work group: |
|
(A) is not subject to Chapter 2110, Government |
|
Code; and |
|
(B) must have a well-defined purpose and follow |
|
specific timelines for completing tasks; |
|
(3) identify actions the agency will take that exceed |
|
the minimum open meetings requirements under Chapter 551, |
|
Government Code; |
|
(4) include a strategy for providing updated |
|
information regarding advisory committees and issues of concern to |
|
stakeholders through the agency's Internet website; and |
|
(5) describe how public input will affect agency |
|
decisions, including by providing information regarding the |
|
specific outcomes for all types of public input. |
|
Sec. 7.035. COMPLAINTS. (a) The agency shall maintain a |
|
system to promptly and efficiently act on complaints filed with the |
|
agency. The agency 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 agency shall make information available describing |
|
its procedures for complaint investigation and resolution. |
|
(c) The agency shall periodically notify the complaint |
|
parties of the status of the complaint until final disposition. |
|
Sec. 7.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
|
RESOLUTION. (a) The agency shall develop and implement a policy to |
|
encourage the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008, Government Code, for the adoption of agency 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 agency's |
|
jurisdiction. |
|
(b) The agency'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 agency shall: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) provide training as needed to implement the |
|
procedures for negotiated rulemaking or alternative dispute |
|
resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures. |
|
SECTION 5. Section 7.055(a), Education Code, is amended to |
|
read as follows: |
|
(a) The commissioner shall: |
|
(1) serve as the educational leader of the state; |
|
(2) serve as executive officer of the agency, with |
|
authority to: |
|
(A) employ division heads and any other employees |
|
and clerks necessary to perform the duties of the agency; |
|
(B) delegate ministerial and executive functions |
|
to agency staff; |
|
(C) appoint advisory committees, in accordance |
|
with Chapter 2110, Government Code, as necessary to advise the |
|
commissioner in carrying out the duties and mission of the agency; |
|
and |
|
(D) appoint an internal auditor for the agency; |
|
and |
|
(3) carry out the duties imposed on the commissioner |
|
by the legislature [has the powers and duties provided by
|
|
Subsection (b)]. |
|
SECTION 6. Section 7.055(b)(9), Education Code, is |
|
transferred to Subchapter A, Chapter 7, Education Code, |
|
redesignated as Section 7.011, Education Code, and amended to read |
|
as follows: |
|
Sec. 7.011. TEXAS SCHOOL LAW BULLETIN. [(9)] The |
|
commissioner shall have a bulletin [manual] published at least once |
|
every two years that contains Title 1 and this title, any other |
|
provisions of this code relating specifically to public primary or |
|
secondary education, and an appendix of all other state laws |
|
relating to public primary or secondary education. The |
|
commissioner [and] shall provide for the distribution of the |
|
bulletin [manual] as determined by the board. |
|
SECTION 7. Section 7.055(b)(40), Education Code, is |
|
transferred to Subchapter A, Chapter 21, Education Code, |
|
redesignated as Section 21.009, Education Code, and amended to read |
|
as follows: |
|
Sec. 21.009. SUSPENSION RELATING TO COLLECTIVE BARGAINING |
|
OR STRIKES. [(40)] The commissioner shall suspend the certificate |
|
of an educator or permit of a teacher who violates Chapter 617, |
|
Government Code. |
|
SECTION 8. Subchapter C, Chapter 7, Education Code, is |
|
amended by adding Section 7.064 to read as follows: |
|
Sec. 7.064. ADVISORY COMMITTEE RULES. (a) The |
|
commissioner shall adopt rules, in compliance with Chapter 2110, |
|
Government Code, regarding an advisory committee that primarily |
|
functions to advise the commissioner or the agency, including rules |
|
governing an advisory committee's purpose, tasks, reporting |
|
requirements, and abolishment date. |
|
(b) The commissioner may adopt rules under this section |
|
regarding an advisory committee's: |
|
(1) size and quorum requirements; |
|
(2) qualifications for membership, including |
|
experience requirements and geographic representation; |
|
(3) appointment procedures; |
|
(4) terms of service; and |
|
(5) compliance with the requirements for open meetings |
|
under Chapter 551, Government Code. |
|
SECTION 9. Section 12.102, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.102. AUTHORITY UNDER CHARTER. An open-enrollment |
|
charter school: |
|
(1) shall provide instruction to students at one or |
|
more elementary or secondary grade levels as provided by the |
|
charter; |
|
(2) is governed under the governing structure |
|
described by the charter; |
|
(3) retains authority to operate under the charter: |
|
(A) contingent on satisfactory student |
|
performance as provided by the charter in accordance with Section |
|
12.111; and |
|
(B) to the extent authorized under Section |
|
12.1141; and |
|
(4) does not have authority to impose taxes. |
|
SECTION 10. Section 12.111(a), Education Code, is amended |
|
to read as follows: |
|
(a) Each charter granted under this subchapter must: |
|
(1) describe the educational program to be offered, |
|
which must include the required curriculum as provided by Section |
|
28.002; |
|
(2) specify that the period for which the initial |
|
charter or any charter renewal is valid is eight years; |
|
(3) provide that continuation or renewal of the |
|
charter is contingent on: |
|
(A) acceptable student performance on assessment |
|
instruments adopted under Subchapter B, Chapter 39, and [on] |
|
compliance with any accountability provision specified by the |
|
charter, by a deadline or at intervals specified by the charter; and |
|
(B) a determination by the commissioner under |
|
Section 12.1141; |
|
(4) establish the level of student performance that is |
|
considered acceptable for purposes of Subdivision (3)(A) [(3)]; |
|
(5) specify any basis, in addition to a basis |
|
specified by this subchapter, on which the charter may be placed on |
|
probation or revoked or on which renewal of the charter may be |
|
denied; |
|
(6) prohibit discrimination in admission policy on the |
|
basis of sex, national origin, ethnicity, religion, disability, |
|
academic, artistic, or athletic ability, or the district the child |
|
would otherwise attend in accordance with this code, although the |
|
charter may: |
|
(A) provide for the exclusion of a student who |
|
has a documented history of a criminal offense, a juvenile court |
|
adjudication, or discipline problems under Subchapter A, Chapter |
|
37; and |
|
(B) provide for an admission policy that requires |
|
a student to demonstrate artistic ability if the school specializes |
|
in performing arts; |
|
(7) specify the grade levels to be offered; |
|
(8) describe the governing structure of the program, |
|
including: |
|
(A) the officer positions designated; |
|
(B) the manner in which officers are selected and |
|
removed from office; |
|
(C) the manner in which members of the governing |
|
body of the school are selected and removed from office; |
|
(D) the manner in which vacancies on that |
|
governing body are filled; |
|
(E) the term for which members of that governing |
|
body serve; and |
|
(F) whether the terms are to be staggered; |
|
(9) specify the powers or duties of the governing body |
|
of the school that the governing body may delegate to an officer; |
|
(10) specify the manner in which the school will |
|
distribute to parents information related to the qualifications of |
|
each professional employee of the program, including any |
|
professional or educational degree held by each employee, a |
|
statement of any certification under Subchapter B, Chapter 21, held |
|
by each employee, and any relevant experience of each employee; |
|
(11) describe the process by which the person |
|
providing the program will adopt an annual budget; |
|
(12) describe the manner in which an annual audit of |
|
the financial and programmatic operations of the program is to be |
|
conducted, including the manner in which the person providing the |
|
program will provide information necessary for the school district |
|
in which the program is located to participate, as required by this |
|
code or by State Board of Education rule, in the Public Education |
|
Information Management System (PEIMS); |
|
(13) describe the facilities to be used; |
|
(14) describe the geographical area served by the |
|
program; and |
|
(15) specify any type of enrollment criteria to be |
|
used. |
|
SECTION 11. Section 12.1054(a), Education Code, is amended |
|
to read as follows: |
|
(a) A member of the governing body of a charter holder, a |
|
member of the governing body of an open-enrollment charter school, |
|
or an officer of an open-enrollment charter school is considered to |
|
be a local public official for purposes of Chapter 171, Local |
|
Government Code. For purposes of that chapter: |
|
(1) a member of the governing body of a charter holder |
|
or a member of the governing body or officer of an open-enrollment |
|
charter school is considered to have a substantial interest in a |
|
business entity if a person related to the member or officer in the |
|
third degree by consanguinity or in the second degree by affinity, |
|
as determined under Chapter 573, Government Code, has a substantial |
|
interest in the business entity under Section 171.002, Local |
|
Government Code; and |
|
(2) notwithstanding any provision of Subdivision (1), |
|
employees [Section 12.1054(1), an employee] of an open-enrollment |
|
charter school rated as acceptable [or higher] under Section 39.054 |
|
for at least two of the preceding three school years may serve as |
|
members [a member] of the governing body of the charter holder or |
|
[of] the governing body of the school if the employees do not |
|
constitute a quorum of the governing body or any committee of the |
|
governing body; however, all members shall comply with the |
|
requirements of Sections 171.003-171.007, Local Government Code. |
|
SECTION 12. Subchapter D, Chapter 12, Education Code, is |
|
amended by adding Section 12.1141 to read as follows: |
|
Sec. 12.1141. RENEWAL OF CHARTER; REVIEW. (a) The charter |
|
of an open-enrollment charter school expires after eight years |
|
unless renewed by the commissioner. |
|
(b) Under rules adopted by the commissioner, not later than |
|
the date on which a charter of an open-enrollment charter school |
|
expires under Subsection (a): |
|
(1) a charter holder shall apply for a renewal of the |
|
charter; and |
|
(2) the commissioner shall renew the charter for a |
|
term of eight years, deny renewal of the charter, or renew the |
|
charter on a probationary basis as provided by Subsection (e). |
|
(c) The commissioner by rule shall establish a review |
|
process for the renewal of the charter of an open-enrollment |
|
charter school. In establishing a review process for renewal under |
|
this section, the commissioner shall: |
|
(1) adopt clear standards for renewal, including |
|
academic, financial, and governance standards and other relevant |
|
standards as determined by the commissioner; and |
|
(2) provide a streamlined review process for an |
|
open-enrollment charter school with a history of high academic and |
|
financial performance and no interventions or sanctions, including |
|
clear standards for eligibility for this process. |
|
(d) In conducting a review for renewal under this section, |
|
the commissioner: |
|
(1) shall consider the extent to which an |
|
open-enrollment charter school has: |
|
(A) met the standards established under |
|
Subsection (c)(1); and |
|
(B) operated in compliance with the terms of the |
|
school's charter; and |
|
(2) may request from the school any information |
|
necessary, as determined by the commissioner, to make a |
|
determination under this section. |
|
(e) The commissioner may renew the charter of an |
|
open-enrollment charter school on a probationary basis for a period |
|
of one year. The commissioner shall establish standards for |
|
improvement for a school renewed on a probationary basis. |
|
Following the probationary period under this subsection, the |
|
commissioner shall renew or deny renewal of the charter based on the |
|
school's performance on the standards for improvement, as |
|
determined by the commissioner. |
|
(f) An open-enrollment charter school that intends to |
|
challenge a decision by the commissioner under this section must |
|
appeal the decision under the procedures provided under Section |
|
12.116. An open-enrollment charter school may continue to operate |
|
pending an appeal under Section 12.116. |
|
(g) Not later than September 1, 2014, the commissioner shall |
|
adopt rules for the implementation of this section. The rules may |
|
modify the expiration date of one or more charters as necessary to |
|
equalize the agency's annual renewal workload during the transition |
|
to the renewal system required by this section. This subsection |
|
expires October 1, 2014. |
|
SECTION 13. Section 12.115, Education Code, is amended by |
|
adding Subsections (c) and (d) to read as follows: |
|
(c) The commissioner shall establish separate performance |
|
standards for each of the actions authorized to be taken by the |
|
commissioner under Subsection (a). |
|
(d) In making a determination under Subsection (a), the |
|
commissioner shall consider: |
|
(1) the charter holder's history of violations of the |
|
charter or performance on accountability provisions prescribed by |
|
the charter; |
|
(2) the number and severity of previous violations or |
|
unsatisfactory performance on accountability provisions; |
|
(3) the charter holder's efforts to correct, and |
|
whether the charter holder corrected, previous violations or |
|
unsatisfactory performance on accountability provisions; and |
|
(4) any other actions necessary to deter future |
|
violations or unsatisfactory performance on accountability |
|
provisions, as determined by the commissioner. |
|
SECTION 14. The heading to Section 12.116, Education Code, |
|
is amended to read as follows: |
|
Sec. 12.116. PROCEDURES [PROCEDURE] FOR MODIFICATION, |
|
PLACEMENT ON PROBATION, REVOCATION, OR DENIAL OF RENEWAL. |
|
SECTION 15. Sections 12.116(a) and (b), Education Code, are |
|
amended to read as follows: |
|
(a) The commissioner shall adopt procedures [a procedure] |
|
to be used for modifying, placing on probation, revoking, or |
|
denying renewal of the charter of an open-enrollment charter |
|
school. |
|
(b) The procedures [procedure] adopted under Subsection (a) |
|
must provide an opportunity for a hearing to the charter holder and |
|
to parents and guardians of students in the school. A hearing under |
|
this subsection must be held at the facility at which the program is |
|
operated. |
|
SECTION 16. Section 12.1162(e), Education Code, is amended |
|
to read as follows: |
|
(e) Immediately after a hearing under Subsection (d), the |
|
commissioner may [must] cease the action under Subsection (b) or |
|
impose additional sanctions as determined by the commissioner, |
|
including a sanction provision under Subchapter E, Chapter 39 |
|
[initiate action under Section 12.116]. |
|
SECTION 17. Subchapter D, Chapter 12, Education Code, is |
|
amended by adding Sections 12.1165, 12.1166, and 12.1167 to read as |
|
follows: |
|
Sec. 12.1165. REVOCATION REQUIRED FOR FAILURE TO MEET |
|
ACADEMIC PERFORMANCE OR FINANCIAL ACCOUNTABILITY STANDARDS. (a) |
|
The commissioner shall revoke the charter of an open-enrollment |
|
charter school and order closure of all campuses and programs |
|
operated under the school's charter if the open-enrollment charter |
|
school: |
|
(1) does not satisfy the academic performance |
|
standards under Section 39.053 or 39.054 for three consecutive |
|
years; or |
|
(2) does not satisfy a financial accountability |
|
standard, as determined by the commissioner, for three consecutive |
|
years. |
|
(b) Notwithstanding Section 12.116, a charter holder is not |
|
entitled to a hearing before the charter is revoked under this |
|
section. A revocation order under this section is final and may not |
|
be appealed. |
|
(c) Before the commissioner orders revocation under |
|
Subsection (a), the charter holder may challenge under Section |
|
39.151 an agency decision relating to an academic performance or |
|
financial accountability rating that affects the open-enrollment |
|
charter school. |
|
(d) Not later than June 15 of each year, the agency shall |
|
provide to each open-enrollment charter school at risk of |
|
revocation of the school's charter under this section the school's |
|
academic performance and financial accountability ratings. |
|
(d-1) Not later than June 1, 2014, the commissioner shall |
|
adopt rules to implement Subsection (d). This subsection expires |
|
July 1, 2014. |
|
Sec. 12.1166. REVOCATION FOR INSOLVENCY. (a) If the |
|
commissioner determines that an open-enrollment charter school |
|
does not have sufficient funding to complete the next school year, |
|
the commissioner may: |
|
(1) before the beginning of the next school year or |
|
term, suspend the authority of all campuses under the school's |
|
charter to operate; and |
|
(2) pursue revocation of the charter. |
|
(b) Not later than the 10th day after the date the |
|
commissioner initiates action under Subsection (a), the |
|
commissioner shall provide the charter holder an opportunity for a |
|
hearing. |
|
(c) If after a hearing under Subsection (b) the commissioner |
|
determines that the open-enrollment charter school does not have |
|
sufficient funding to complete the next school year, the |
|
commissioner must proceed with a revocation under this section. If |
|
after a hearing under Subsection (b) the commissioner determines |
|
that the open-enrollment charter school does have sufficient |
|
funding to complete the next school year, the commissioner must |
|
cease the action under Subsection (a) or impose sanctions as |
|
determined by the commissioner, including a sanction under |
|
Subchapter E, Chapter 39. |
|
(d) An open-enrollment charter school that intends to |
|
challenge a decision by the commissioner under this section must |
|
appeal the decision under the procedures provided under Section |
|
12.116. The authority of an open-enrollment charter school to |
|
operate shall remain suspended under Subsection (a) pending an |
|
appeal under Section 12.116. The commissioner's decision following |
|
the appeal is final and may not be further appealed. |
|
(e) The commissioner shall adopt rules for determining |
|
whether an open-enrollment charter school has sufficient funding to |
|
complete the next school year for purposes of this section. |
|
(e-1) The commissioner shall adopt initial rules under |
|
Subsection (e) not later than March 1, 2014. This subsection |
|
expires April 1, 2014. |
|
Sec. 12.1167. STUDENT'S BEST INTEREST STANDARD. In taking |
|
action under this subchapter, the commissioner shall consider the |
|
best interest of an open-enrollment charter school's students. |
|
SECTION 18. Section 12.118, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.118. EVALUATION OF OPEN-ENROLLMENT CHARTER |
|
SCHOOLS. (a) The commissioner shall designate an impartial |
|
organization with experience in evaluating school choice programs |
|
to conduct an [annual] evaluation of open-enrollment charter |
|
schools once every four years. |
|
(b) An evaluation under this section must include an |
|
evaluation of cost, performance, or [consideration of the following
|
|
items before implementing the charter and after implementing the
|
|
charter:
|
|
[(1)
students' scores on assessment instruments
|
|
administered under Subchapter B, Chapter 39;
|
|
[(2) student attendance;
|
|
[(3) students' grades;
|
|
[(4) incidents involving student discipline;
|
|
[(5) socioeconomic data on students' families;
|
|
[(6)
parents' satisfaction with their children's
|
|
schools; and
|
|
[(7) students' satisfaction with their schools.
|
|
[(c)
The evaluation of open-enrollment charter schools must
|
|
also include an evaluation of:
|
|
[(1)
the costs of instruction, administration, and
|
|
transportation incurred by open-enrollment charter schools;
|
|
[(2)
the effect of open-enrollment charter schools on
|
|
school districts and on teachers, students, and parents in those
|
|
districts; and
|
|
[(3)] other issues, as determined by the commissioner. |
|
(c) Not later than December 1 of each year in which an |
|
evaluation is conducted under Subsection (a), the agency shall |
|
submit a report to the legislature regarding the findings of an |
|
evaluation conducted under this section. The report must include |
|
appropriate recommendations, as determined by the agency, to |
|
improve the performance and regulation of open-enrollment charter |
|
schools. |
|
(c-1) The agency shall submit the first report required |
|
under Subsection (c) not later than December 1, 2016. This |
|
subsection expires January 1, 2017. |
|
SECTION 19. Section 12.120, Education Code, is amended by |
|
adding Subsections (c), (c-1), and (c-2) to read as follows: |
|
(c) A person may not serve as a member of the governing body |
|
of a charter holder if the person is related to another member of |
|
the same governing body in the third degree by consanguinity or in |
|
the second degree by affinity. |
|
(c-1) Not later than September 1, 2015, a member of a |
|
governing board of a charter holder with a relationship described |
|
by Subsection (c) must be replaced to comply with the requirements |
|
of that subsection. |
|
(c-2) This subsection and Subsection (c-1) expire October |
|
1, 2015. |
|
SECTION 20. Subchapter D, Chapter 12, Education Code, is |
|
amended by adding Section 12.1201 to read as follows: |
|
Sec. 12.1201. MODIFICATION OF GOVERNANCE. (a) If the |
|
commissioner determines that the governing body of a charter holder |
|
is not providing adequate oversight of an open-enrollment charter |
|
school and other sanctions have not been effective, the |
|
commissioner may reconstitute the governing body. |
|
(b) In reconstituting the governing body of a charter holder |
|
under this section, the commissioner shall appoint members to the |
|
governing body in accordance with the bylaws of the charter holder. |
|
In appointing members under this subsection the commissioner: |
|
(1) shall consider: |
|
(A) local input from community members and |
|
parents; and |
|
(B) appropriate credentials and expertise for |
|
membership, including financial expertise, whether the person |
|
lives in the charter district, and whether the person is an |
|
educator; and |
|
(2) may reappoint current members of the governing |
|
body. |
|
(c) If a governing body of a charter holder subject to |
|
reconstitution under this section governs enterprises other than |
|
the open-enrollment charter school, the commissioner may require |
|
the charter holder to: |
|
(1) create a new, single-purpose organization that is |
|
exempt from taxation under Section 501(c)(3), Internal Revenue Code |
|
of 1986, to govern the open-enrollment charter school; and |
|
(2) surrender the charter to the commissioner for |
|
transfer to the organization created under Subdivision (1). |
|
(d) The commissioner shall appoint the members of the |
|
governing body of an organization created under Subsection (c)(1). |
|
(e) The authority granted to the commissioner under |
|
Subsection (c) does not supersede the attorney general's authority |
|
over charitable organizations. |
|
(f) The commissioner shall adopt rules necessary to |
|
implement this section. |
|
(f-1) The commissioner shall adopt initial rules under |
|
Subsection (f) not later than September 1, 2014. This subsection |
|
expires October 1, 2014. |
|
SECTION 21. Section 13.005(a), Education Code, is amended |
|
to read as follows: |
|
(a) Except as provided by this section, Section 13.054, or |
|
[by] a local consolidation agreement under Section 13.158, the |
|
annexation of all or part of the territory of one district to |
|
another is effective on the first July 1 that is more than 30 days |
|
after the date of the order or ordinance accomplishing the |
|
annexation or of the declaration of the results of an election at |
|
which the transfer is approved. |
|
SECTION 22. Subchapter B, Chapter 13, Education Code, is |
|
amended by adding Section 13.0521 to read as follows: |
|
Sec. 13.0521. INSOLVENT OR INOPERATIVE DISTRICT. (a) The |
|
board of trustees of a school district may notify the commissioner |
|
that the district is unable to complete the current or subsequent |
|
school year for financial or other reasons. On notification, the |
|
commissioner shall investigate the finances and other |
|
circumstances of the district. If the commissioner determines that |
|
the district is unable to complete the current or subsequent school |
|
year, the commissioner shall report the district to the |
|
commissioners court of each county that contains district territory |
|
for annexation as provided by this section. |
|
(b) If a district has failed to operate school for 10 or more |
|
days of its regular school year, the commissioner shall notify the |
|
district that it is subject to annexation under this section. The |
|
commissioner shall require the district to submit a plan not later |
|
than the 10th day after the date the commissioner provides |
|
notification describing how the district will complete the current |
|
school year and subsequent school year. If the district fails to |
|
submit a plan, or if the commissioner, after evaluating the |
|
district's plan, determines that the district cannot reasonably be |
|
expected to complete the current or subsequent school year, the |
|
commissioner shall report the district to the commissioners court |
|
of each county that contains district territory for annexation as |
|
provided by this section. |
|
(c) Each commissioners court by order shall annex district |
|
territory within the county to one or more other districts in the |
|
county or to a contiguous district in an adjacent county, provided |
|
that the commissioners court of the adjacent county consents to the |
|
annexation. An annexation under this section must occur in an open |
|
meeting with opportunity for public comment. |
|
(d) If a commissioners court fails to order annexation of |
|
district territory on or before the 60th day after the date the |
|
commissioner reports the district to the commissioners court, the |
|
commissioner shall order annexation of the territory to one or more |
|
other districts. The commissioner may annex the territory to a |
|
district in the same county or to a contiguous district in an |
|
adjacent county. |
|
(e) The commissioners court or the commissioner, as |
|
applicable, shall specify the effective date for the annexation, |
|
which may not be later than the first anniversary of the date of the |
|
annexation order. The order shall identify the district or |
|
districts required to serve students residing in the district to be |
|
annexed through any school year that begins before the effective |
|
date of the annexation. A district required to serve students under |
|
this subsection shall provide services equivalent to those provided |
|
to the district's other students and shall be entitled to funding |
|
for the attendance and transportation of students served as |
|
required by the order. |
|
(f) The annexation order shall define by legal boundary |
|
description the resulting territory of each district to which |
|
territory is annexed and shall be recorded in the minutes of the |
|
commissioners court. |
|
(g) The governing board of a district to which territory is |
|
annexed is the governing board for the resulting district. |
|
(h) Title to real property of the annexed district vests in |
|
the district to which the property is annexed. Each district to |
|
which territory is annexed assumes and is liable for any portion of |
|
the annexed district's indebtedness that is allocated to the |
|
receiving district under Section 13.004. |
|
(i) A district to which territory is annexed under this |
|
section is entitled to incentive aid under Section 13.281, as |
|
determined by the commissioner, as if the district were created |
|
through consolidation. |
|
(j) The annexation order shall provide for taxation of the |
|
territory annexed during the year in which the annexation takes |
|
place. The order shall provide for a levy of a tax at a rate at |
|
least equal to the lower of the maintenance and operations tax rate |
|
of the annexed district or the district to which the territory is |
|
annexed, plus any required interest and sinking fund tax. |
|
(k) Except as otherwise provided by this subsection, this |
|
section does not affect the authority of the board of trustees of a |
|
district subject to annexation under this section to pursue |
|
consolidation under Subchapter D of this chapter or Subchapter B, |
|
Chapter 41. Actions authorized under this section may be taken |
|
pending the outcome of an election to consolidate districts under |
|
Subchapter D of this chapter or a decision to consolidate under |
|
Subchapter B, Chapter 41. An election to consolidate or a decision |
|
to consolidate under Subchapter B, Chapter 41, that occurs not |
|
later than the 60th day following the date an annexation order is |
|
entered under this section prevails over the annexation order if |
|
the proposition for consolidation is adopted in both districts, |
|
provided that a district required to serve students under |
|
Subsection (e) shall allow any student to attend school through the |
|
completion of the school year in which the effective date of a |
|
consolidation occurs. An election to consolidate or a decision to |
|
consolidate under Subchapter B, Chapter 41, that occurs later than |
|
the 60th day following the date an annexation order is entered under |
|
this section is void. |
|
(l) Notwithstanding Section 13.009, a determination by the |
|
commissioner or a commissioners court under this section is final |
|
and may not be appealed. |
|
(m) The commissioner may adopt rules to implement this |
|
section. |
|
SECTION 23. Section 13.054, Education Code, is amended by |
|
amending Subsections (a), (b), and (d) and adding Subsection (h) to |
|
read as follows: |
|
(a) The commissioner by order may annex to one or more |
|
[adjoining] districts a school district that has received an |
|
accreditation status of accredited-warned or accredited-probation, |
|
has failed to satisfy any standard under Section 39.054(e), or has |
|
failed to satisfy financial accountability standards as determined |
|
by commissioner rule [been rated as academically unacceptable] for |
|
a period of two consecutive years. |
|
(b) The governing board of a district to which territory [of
|
|
an academically unacceptable district] is annexed is the governing |
|
board for the new district. |
|
(d) Title to the real property of the [academically
|
|
unacceptable] district to be annexed vests in the district to which |
|
the property is annexed. Each district to which territory is |
|
annexed assumes and is liable for any portion of the [academically
|
|
unacceptable district's] indebtedness of the district to be annexed |
|
that is allocated to the receiving district under Section 13.004. |
|
(h) Notwithstanding Section 13.005, the commissioner may |
|
provide for an alternate effective date for an annexation under |
|
this section if the alternate date is in the best interest of |
|
students. |
|
SECTION 24. Sections 21.0031(a), (b-1), and (f), Education |
|
Code, are 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 valid certificate or permit issued |
|
by the commissioner [State Board for Educator Certification]; |
|
(2) fails to fulfill the requirements necessary to |
|
renew or extend the employee's temporary, probationary, or |
|
emergency certificate or any other certificate or permit issued |
|
under Subchapter B; or |
|
(3) fails to comply with any requirement under |
|
Subchapter C, Chapter 22, if the failure results in suspension or |
|
revocation of the employee's certificate under Section |
|
22.0831(f)(2). |
|
(b-1) A school district may not terminate or suspend under |
|
Subsection (b) an employee whose contract is void under Subsection |
|
(a)(1) or (2) because the employee failed to renew or extend the |
|
employee's certificate or permit if the employee: |
|
(1) requests an extension from the commissioner [State
|
|
Board for Educator Certification] to renew, extend, or otherwise |
|
validate the employee's certificate or permit; and |
|
(2) not later than the 10th day after the date the |
|
contract is void, takes necessary measures to renew, extend, or |
|
otherwise validate the employee's certificate or permit, as |
|
determined by the commissioner [State Board for Educator
|
|
Certification]. |
|
(f) For purposes of this section, a certificate or permit is |
|
not considered to have expired if: |
|
(1) the employee has completed the requirements for |
|
renewal of the certificate or permit; |
|
(2) the employee submitted the request for renewal |
|
prior to the expiration date; and |
|
(3) the date the certificate or permit would have |
|
expired is before the date the commissioner [State Board for
|
|
Educator Certification] takes action to approve the renewal of the |
|
certificate or permit. |
|
SECTION 25. Sections 21.004(a), (b), (c), (d), and (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 26. Sections 21.006(b), (b-1), (c), (d), (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, open-enrollment charter school, 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, school, service center, or shared services |
|
arrangement has a criminal record or the criminal record of an |
|
educator employed by the district, school, service center, or |
|
shared services arrangement changes, as determined by commissioner |
|
rule; |
|
(2) an educator's employment at the district, school, |
|
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; |
|
(A-1) was involved in a romantic relationship |
|
with or solicited or engaged in sexual contact 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, school, 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; |
|
(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); or |
|
(4) the educator engaged in conduct that violated the |
|
assessment instrument security procedures established under |
|
Section 39.0301. |
|
(b-1) A superintendent or director of a school district or |
|
open-enrollment charter school shall complete an investigation of |
|
an educator that is based on a reasonable suspicion [cause] to |
|
believe the educator may have engaged in misconduct described by |
|
Subsection (b)(2)(A) or (A-1), despite the educator's resignation |
|
from district or school employment before completion of the |
|
investigation. The agency shall establish procedures for an |
|
investigation under this subsection. |
|
(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 a |
|
change in an employee's criminal record under Subsection (b)(1) or |
|
a termination of employment or resignation following an alleged |
|
incident of misconduct described by Subsection (b). The report |
|
must be: |
|
(1) in writing; and |
|
(2) in a form prescribed by the commissioner [board]. |
|
(d) The superintendent or director shall notify the board of |
|
trustees or governing body of the school district, open-enrollment |
|
charter school, regional education service center, or shared |
|
services arrangement and the educator of the filing of the report |
|
required by Subsection (c). |
|
(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 27. Sections 21.007(b), (c), (d), (e), and (f), |
|
Education Code, are amended to read as follows: |
|
(b) The commissioner [board] shall adopt a procedure for |
|
placing a notice of alleged misconduct on an educator's public |
|
certification records. The procedure adopted by the commissioner |
|
[board] must provide for immediate placement of a notice of alleged |
|
misconduct on an educator's public certification records if the |
|
alleged misconduct presents a risk to the health, safety, or |
|
welfare of a student or minor as determined by the commissioner |
|
[board]. |
|
(c) The commissioner [board] must notify an educator in |
|
writing when placing a notice of an alleged incident of misconduct |
|
on the public certification records of the educator. |
|
(d) The commissioner [board] must provide an opportunity |
|
for an educator to show cause why the notice should not be placed on |
|
the educator's public certification records. The commissioner |
|
[board] shall adopt [propose] rules establishing the length of time |
|
that a notice may remain on the educator's public certification |
|
records before the commissioner [board] must: |
|
(1) initiate a proceeding to impose a sanction on the |
|
educator on the basis of the alleged misconduct; or |
|
(2) remove the notice from the educator's public |
|
certification records. |
|
(e) If it is determined that the educator has not engaged in |
|
the alleged incident of misconduct, the commissioner [board] shall |
|
immediately remove the notice from the educator's public |
|
certification records. |
|
(f) The commissioner [board] shall adopt [propose] rules |
|
necessary to administer this section. |
|
SECTION 28. Section 21.031, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.031. COMMISSIONER ROLE IN CERTIFICATION OF |
|
EDUCATORS [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) In adopting [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 29. Section 21.040, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.040. ADVISORY COMMITTEE [GENERAL POWERS AND DUTIES
|
|
OF BOARD]. (a) The commissioner [board] shall[:
|
|
[(1) supervise the executive director's performance;
|
|
[(2)
approve an operating budget for the board and
|
|
make a request for appropriations;
|
|
[(3)
appoint the members of any advisory committee to
|
|
the board;
|
|
[(4) for each class of educator certificate,] appoint |
|
an advisory committee [composed of members of that class] to |
|
recommend standards for educator certification and educator |
|
preparation programs [that class] to the commissioner [board;
|
|
[(5)
provide to its members and employees, as often as
|
|
necessary, information regarding their qualifications for office
|
|
or employment under this chapter and their responsibilities under
|
|
applicable laws relating to standards of conduct for state officers
|
|
or employees;
|
|
[(6)
develop and implement policies that clearly
|
|
define the respective responsibilities of the board and the board's
|
|
staff; and
|
|
[(7)
execute interagency contracts to perform routine
|
|
administrative functions]. |
|
(b) In appointing the members of the advisory committee |
|
established under this section, the commissioner shall ensure the |
|
committee has a balanced representation of teachers, |
|
administrators, school counselors, and representatives of both |
|
traditional and alternative certification educator preparation |
|
programs. |
|
SECTION 30. Sections 21.041(b), (c), and (d), Education |
|
Code, are amended to read as follows: |
|
(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 [board] shall adopt [propose] a rule |
|
establishing [adopting] a fee for the issuance and maintenance of |
|
an educator certificate that, when combined with any fees imposed |
|
under Subsection (d), is adequate to cover the cost of |
|
administration of this subchapter. |
|
(d) The commissioner [board] may adopt [propose] a rule |
|
establishing [adopting] a fee for the approval or renewal of |
|
approval of an educator preparation program, or for the addition of |
|
a certificate or field of certification to the scope of a program's |
|
approval. A fee imposed under this subsection may not exceed the |
|
amount necessary, as determined by the commissioner [board], to |
|
provide for the administrative cost of approving, renewing the |
|
approval of, and appropriately ensuring the accountability of |
|
educator preparation programs under this subchapter. |
|
SECTION 31. Section 21.044, Education Code, as amended by |
|
Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
Sec. 21.044. EDUCATOR PREPARATION. (a) 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. |
|
(b) Any minimum academic qualifications for a certificate |
|
specified under Subsection (a) that require a person to possess a |
|
bachelor's degree must also require that the person receive, as |
|
part of the curriculum for that degree, instruction in detection |
|
and education of students with dyslexia. This subsection does not |
|
apply to a person who obtains a certificate through an alternative |
|
certification program adopted under Section 21.049. |
|
(c) The instruction under Subsection (b) must: |
|
(1) be developed by a panel of experts in the diagnosis |
|
and treatment of dyslexia who are: |
|
(A) employed by institutions of higher |
|
education; and |
|
(B) approved by the commissioner [board]; and |
|
(2) include information on: |
|
(A) characteristics of dyslexia; |
|
(B) identification of dyslexia; and |
|
(C) effective, multisensory strategies for |
|
teaching students with dyslexia. |
|
(d) [(b)] In adopting [proposing] rules under this section, |
|
the commissioner [board] shall specify that to obtain a certificate |
|
to teach an "applied STEM course," as that term is defined by |
|
Section 28.027, at a secondary school, a person must: |
|
(1) pass the certification test administered by the |
|
recognized national or international business and industry group |
|
that created the curriculum the applied STEM course is based on; and |
|
(2) have at a minimum: |
|
(A) an associate degree from an accredited |
|
institution of higher education; and |
|
(B) three years of work experience in an |
|
occupation for which the applied STEM course is intended to prepare |
|
the student. |
|
SECTION 32. Section 21.045, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR |
|
PREPARATION PROGRAMS; PROGRAM APPROVAL AND RENEWAL. (a) The |
|
commissioner [board] shall adopt [propose] rules establishing |
|
standards to govern the approval and continuing accountability of |
|
all educator preparation programs based on the following |
|
information that is disaggregated with respect to sex and |
|
ethnicity: |
|
(1) results of the certification examinations |
|
prescribed under Section 21.048(a); |
|
(2) performance based on the appraisal system for |
|
beginning teachers adopted by the commissioner [board]; |
|
(3) achievement, including improvement in |
|
achievement, of students taught by beginning teachers for the first |
|
three years following certification, to the extent practicable; and |
|
(4) compliance with commissioner [board] requirements |
|
regarding the frequency, duration, and quality of structural |
|
guidance and ongoing support provided by field supervisors to |
|
beginning teachers during their first year in the classroom. |
|
(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), other than the data required for purposes of Subsection |
|
(a)(3), 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; |
|
(6) the number of candidates retained in the |
|
profession; and |
|
(7) any other information required by federal law. |
|
(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). |
|
(d) The commissioner shall adopt [board may propose] rules |
|
establishing minimum standards for approval or renewal of approval |
|
of: |
|
(1) educator preparation programs; or |
|
(2) certification fields authorized to be offered by |
|
an educator preparation program. |
|
(e) In adopting rules establishing minimum standards for |
|
renewal of approval of educator preparation programs under |
|
Subsection (d)(1), the commissioner shall require that each |
|
educator preparation program obtain renewal of approval every five |
|
years. The commissioner shall adopt an evaluation process to be |
|
used for purposes of educator preparation program renewal. To be |
|
eligible for renewal and continued accreditation, an educator |
|
preparation program must meet basic standards and requirements to |
|
adequately prepare candidates for educator certification, as |
|
determined by the commissioner. |
|
SECTION 33. The heading to Section 21.0451, Education Code, |
|
is amended to read as follows: |
|
Sec. 21.0451. SANCTIONS [UNDER ACCOUNTABILITY SYSTEM] FOR |
|
EDUCATOR PREPARATION PROGRAMS. |
|
SECTION 34. Section 21.0451, Education Code, is amended by |
|
amending Subsection (a) and adding Subsections (e) and (f) to read |
|
as follows: |
|
(a) The commissioner [board] shall adopt [propose] rules |
|
for the sanction of educator preparation programs that do not meet |
|
accountability standards or comply with state law or commissioner |
|
rules and shall annually review the accreditation status of each |
|
educator preparation program. The rules: |
|
(1) shall provide for the assignment of the following |
|
accreditation statuses: |
|
(A) not rated; |
|
(B) accredited; |
|
(C) accredited-warned; |
|
(D) accredited-probation; and |
|
(E) not accredited-revoked; |
|
(2) may provide for the agency to take any necessary |
|
action, including one or more of the following actions: |
|
(A) requiring the program to obtain technical |
|
assistance approved by the agency [or board]; |
|
(B) requiring the program to obtain professional |
|
services under contract with another person; |
|
(C) appointing a monitor to participate in and |
|
report to the commissioner [board] on the activities of the |
|
program; and |
|
(D) if a program has been rated as |
|
accredited-probation [under the Accountability System for Educator
|
|
Preparation] for a period of at least one year, revoking the |
|
approval of the program and ordering the program to be closed, |
|
provided that the [board or] agency must provide the opportunity |
|
for a hearing before the effective date of the closure; and |
|
(3) shall provide for the agency to revoke the |
|
approval of the program and order the program to be closed if the |
|
program has been rated as accredited-probation [under the
|
|
Accountability System for Educator Preparation] for three |
|
consecutive years, provided that the [board or] agency must provide |
|
the opportunity for a hearing before the effective date of the |
|
closure. |
|
(e) The commissioner shall adopt procedures to ensure that |
|
sanctions under this section are applied fairly. |
|
(f) The commissioner shall: |
|
(1) provide information regarding sanctions under |
|
this section to each educator preparation program; and |
|
(2) provide information to at-risk educator |
|
preparation programs about sanctions the specific program could |
|
face, including the consequences of those sanctions, a timeline for |
|
the program to comply with rules and meet accreditation standards, |
|
and how to appeal a sanction under this section. |
|
SECTION 35. Section 21.0452, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.0452. CONSUMER INFORMATION REGARDING EDUCATOR |
|
PREPARATION PROGRAMS. (a) To assist persons interested in |
|
obtaining teaching certification in selecting an educator |
|
preparation program and assist school districts in making staffing |
|
decisions, the commissioner [board] shall make information |
|
regarding educator programs in this state available to the public |
|
through the agency's [board's] Internet website. |
|
(b) The commissioner [board] shall make available at least |
|
the following information regarding each educator preparation |
|
program: |
|
(1) the information specified in Sections 21.045(a) |
|
and (b); |
|
(2) in addition to any other appropriate information |
|
indicating the quality of persons admitted to the program, the |
|
average academic qualifications possessed by persons admitted to |
|
the program, including: |
|
(A) average overall grade point average and |
|
average grade point average in specific subject areas; and |
|
(B) average scores on the Scholastic Assessment |
|
Test (SAT), the American College Test (ACT), or the Graduate Record |
|
Examination (GRE), as applicable; |
|
(3) the degree to which persons who complete the |
|
program are successful in obtaining teaching positions; |
|
(4) the extent to which the program prepares teachers, |
|
including general education teachers and special education |
|
teachers, to effectively teach: |
|
(A) students with disabilities; and |
|
(B) students of limited English proficiency, as |
|
defined by Section 29.052; |
|
(5) the activities offered by the program that are |
|
designed to prepare teachers to: |
|
(A) integrate technology effectively into |
|
curricula and instruction, including activities consistent with |
|
the principles of universal design for learning; and |
|
(B) use technology effectively to collect, |
|
manage, and analyze data to improve teaching and learning for the |
|
purpose of increasing student academic achievement; |
|
(6) the perseverance of beginning teachers in the |
|
profession, as determined on the basis of the number of beginning |
|
teachers who maintain status as active contributing members in the |
|
Teacher Retirement System of Texas for at least three years after |
|
certification in comparison to similar programs; |
|
(7) the results of exit surveys given to program |
|
participants on completion of the program that involve evaluation |
|
of the program's effectiveness in preparing participants to succeed |
|
in the classroom; and |
|
(8) the results of surveys given to school principals |
|
that involve evaluation of the program's effectiveness in preparing |
|
participants to succeed in the classroom, based on experience with |
|
employed program participants. |
|
(c) For purposes of Subsection (b)(7), the commissioner |
|
[board] shall require an educator preparation program to distribute |
|
an exit survey that a program participant must complete before the |
|
participant is eligible to receive a certificate under this |
|
subchapter. |
|
(d) For purposes of Subsections (b)(7) and (8), the |
|
commissioner [board] shall develop surveys for distribution to |
|
program participants and school principals. |
|
(e) The commissioner [board] may develop procedures under |
|
which each educator preparation program receives a designation or |
|
ranking based on the information required to be made available |
|
under Subsection (b). If the commissioner [board] develops |
|
procedures under this subsection, the designation or ranking |
|
received by each program must be included in the information made |
|
available under this section. |
|
(f) In addition to other information required to be made |
|
available under this section, the commissioner [board] shall |
|
provide information identifying employment opportunities for |
|
teachers in the various regions of this state. The commissioner |
|
[board] shall specifically identify each region of this state in |
|
which a shortage of qualified teachers exists. |
|
(g) The commissioner [board] may require any person to |
|
provide information to the commissioner [board] for purposes of |
|
this section. |
|
SECTION 36. Subchapter B, Chapter 21, Education Code, is |
|
amended by adding Sections 21.0454 and 21.0455 to read as follows: |
|
Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION |
|
PROGRAMS; RISK-ASSESSMENT MODEL. (a) The commissioner shall |
|
develop a set of risk factors to use in assessing the overall risk |
|
level of each educator preparation program. The set of risk factors |
|
must include: |
|
(1) a history of the program's compliance with state |
|
law and commissioner rules, standards, and procedures; |
|
(2) the program's operational standards; |
|
(3) whether the program meets the accountability |
|
standards under Section 21.045; and |
|
(4) whether the program is accredited by other |
|
organizations. |
|
(b) The agency shall use the set of risk factors developed |
|
under Subsection (a) to guide the agency in conducting monitoring, |
|
inspections, and compliance audits of educator preparation |
|
programs, including evaluations associated with renewals under |
|
Section 21.045(e). |
|
Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION |
|
PROGRAMS. (a) The commissioner shall adopt rules establishing a |
|
process for a candidate for teacher certification to direct a |
|
complaint against an educator preparation program to the agency. |
|
(b) The commissioner by rule shall require an educator |
|
preparation program to notify candidates for teacher certification |
|
of the complaint process adopted under Subsection (a). The notice |
|
must include the name, mailing address, telephone number, and |
|
Internet website address of the agency for the purpose of directing |
|
complaints to the agency. The educator preparation program shall |
|
provide for that notification: |
|
(1) on the Internet website of the educator |
|
preparation program, if the program maintains a website; |
|
(2) on a sign prominently displayed in program |
|
facilities; and |
|
(3) in any newsletter distributed by the educator |
|
preparation program, if the program distributes a newsletter. |
|
(c) The commissioner shall post the complaint process |
|
adopted under Subsection (a) on the agency's Internet website. |
|
(d) The agency has no authority to arbitrate or resolve |
|
contractual or commercial issues between an educator preparation |
|
program and a candidate for teacher certification. |
|
SECTION 37. 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 38. 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 39. 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 commissioner [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 40. Section 21.0481, Education Code, is 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]. |
|
SECTION 41. Section 21.0482, Education Code, is amended to |
|
read as follows: |
|
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. |
|
SECTION 42. Section 21.0483, Education Code, is amended to |
|
read as follows: |
|
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 |
|
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. |
|
SECTION 43. Section 21.0484, Education Code, is amended to |
|
read as follows: |
|
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. |
|
SECTION 44. Section 21.0485(a), Education Code, is amended |
|
to read as follows: |
|
(a) To be eligible to be issued a certificate to teach |
|
students with visual impairments, a person must: |
|
(1) complete either: |
|
(A) all course work required for that |
|
certification in an approved educator preparation program; or |
|
(B) an alternative educator certification |
|
program approved for the purpose by the commissioner [board]; |
|
(2) perform satisfactorily on each examination |
|
prescribed under Section 21.048 for certification to teach students |
|
with visual impairments, after completing the course work or |
|
program described by Subdivision (1); and |
|
(3) satisfy any other requirements prescribed by the |
|
commissioner [board]. |
|
SECTION 45. Section 21.049, Education Code, is amended to |
|
read as follows: |
|
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 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 46. 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 47. Sections 21.051(c), (d), (e), and (f), |
|
Education Code, are amended to read as follows: |
|
(c) Subsection (b) applies only to an initial certification |
|
issued on or after September 1, 2012. Subsection (b) does not |
|
affect: |
|
(1) the validity of a certification issued before |
|
September 1, 2012; or |
|
(2) the eligibility of a person who holds a |
|
certification issued before September 1, 2012, to obtain a |
|
subsequent renewal of the certification in accordance with |
|
commissioner [board] rule. |
|
(d) Subsection (b) does not affect the period within which |
|
an individual must complete field-based experience hours as |
|
determined by commissioner [board] rule if the individual is not |
|
accepted into an educator preparation program before the deadline |
|
prescribed by commissioner [board] rule and is hired for a teaching |
|
assignment by a school district after the deadline prescribed by |
|
commissioner [board] rule. |
|
(e) The commissioner [board] shall adopt [propose] rules |
|
relating to the field-based experience required by Subsection (b), |
|
including rules establishing [.
The commissioner by rule shall
|
|
adopt] procedures and standards for recognizing a private school |
|
under Subsection (b)(2). |
|
(f) The commissioner [board] shall adopt [propose] rules |
|
providing flexible options for persons for any field-based |
|
experience or internship required for certification. |
|
SECTION 48. Sections 21.052(a), (c), (d), (e), (f), and |
|
(h), Education Code, are amended to read as follows: |
|
(a) The commissioner [board] may issue a certificate to an |
|
educator who applies for a certificate and: |
|
(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. |
|
(c) The commissioner [board] may issue a temporary |
|
certificate under this section to an educator who holds a degree |
|
required by Subsection (a)(1) and a certificate or other credential |
|
required by Subsection (a)(2) but who has not satisfied the |
|
requirements prescribed by Subsection (a)(3). Subject to |
|
Subsection (d), the commissioner [board] may specify the term of a |
|
temporary certificate issued under this subsection. |
|
(d) A temporary certificate issued under Subsection (c) to |
|
an educator employed by a school district that has constructed or |
|
expanded at least one instructional facility as a result of |
|
increased student enrollment due to actions taken under the Defense |
|
Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687) |
|
may not expire before the first anniversary of the date on which the |
|
commissioner [board] completes the review of the educator's |
|
credentials and informs the educator of the examination or |
|
examinations under Section 21.048 on which the educator must |
|
perform successfully to receive a standard certificate. |
|
(e) An educator who has submitted all documents required by |
|
the commissioner [board] for certification and who receives a |
|
certificate as provided by Subsection (a) must perform |
|
satisfactorily on the examination prescribed under Section 21.048 |
|
not later than the first anniversary of the date the commissioner |
|
[board] completes the review of the educator's credentials and |
|
informs the educator of the examination or examinations under |
|
Section 21.048 on which the educator must perform successfully to |
|
receive a standard certificate. |
|
(f) The commissioner [board] shall post on the |
|
commissioner's [board's] Internet website the procedures for |
|
obtaining a certificate under Subsection (a). |
|
(h) This subsection applies only to an applicant who holds a |
|
certificate or other credential issued by another state in |
|
mathematics, science, special education, or bilingual education, |
|
or another subject area that the commissioner determines has a |
|
shortage of teachers. In any state fiscal year, the commissioner |
|
[board] shall accept or reject, not later than the 14th day after |
|
the date the commissioner [board] receives the completed |
|
application, at least 90 percent of the applications the |
|
commissioner [board] receives for a certificate under this |
|
subsection, and shall accept or reject all completed applications |
|
the commissioner [board] receives under this subsection not later |
|
than the 30th day after the date the commissioner [board] receives |
|
the completed application. An applicant under this subsection must |
|
submit: |
|
(1) a letter of good standing from the state in which |
|
the teacher is certified on a form determined by the commissioner |
|
[board]; |
|
(2) information necessary to complete a national |
|
criminal history record information review; and |
|
(3) an application fee as required by the commissioner |
|
[board]. |
|
SECTION 49. 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 50. 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 51. 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 52. 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 53. 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 commissioner [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 54. Section 21.060, Education Code, is amended to |
|
read as follows: |
|
Sec. 21.060. ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN |
|
OFFENSES. The commissioner [board] may suspend or revoke the |
|
certificate or permit held by a person under this subchapter, |
|
impose other sanctions against the person, or refuse to issue a |
|
certificate or permit to a person under this subchapter if the |
|
person has been convicted of a felony or misdemeanor offense |
|
relating to the duties and responsibilities of the education |
|
profession, including: |
|
(1) an offense involving moral turpitude; |
|
(2) an offense involving a form of sexual or physical |
|
abuse of a minor or student or other illegal conduct in which the |
|
victim is a minor or student; |
|
(3) a felony offense involving the possession, |
|
transfer, sale, or distribution of or conspiracy to possess, |
|
transfer, sell, or distribute a controlled substance, as defined by |
|
Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et |
|
seq.; |
|
(4) an offense involving the illegal transfer, |
|
appropriation, or use of school district funds or other district |
|
property; or |
|
(5) an offense involving an attempt by fraudulent or |
|
unauthorized means to obtain or alter a professional certificate or |
|
license issued under this subchapter. |
|
SECTION 55. Subchapter B, Chapter 21, Education Code, is |
|
amended by adding Sections 21.062 and 21.063 to read as follows: |
|
Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an |
|
investigation by the commissioner of an educator for an alleged |
|
incident of misconduct, the commissioner may issue a subpoena to |
|
compel the production, for inspection or copying, of relevant |
|
evidence that is located in this state. |
|
(b) A subpoena may be served personally or by certified |
|
mail. |
|
(c) If a person fails to comply with a subpoena, the |
|
commissioner, acting through the attorney general, may file suit to |
|
enforce the subpoena in a district court in this state. On finding |
|
that good cause exists for issuing the subpoena, the court shall |
|
order the person to comply with the subpoena. The court may punish |
|
a person who fails to obey the court order. |
|
(d) All information and materials subpoenaed or compiled in |
|
connection with an investigation described by Subsection (a) are |
|
confidential and not subject to disclosure under Chapter 552, |
|
Government Code. |
|
Sec. 21.063. DISCIPLINARY MATRIX. (a) The commissioner |
|
shall create a matrix to provide guidelines for ensuring the fair |
|
and consistent application of disciplinary sanctions for educators |
|
certified under this chapter who commit violations of this chapter |
|
or a rule adopted under this chapter. In developing the matrix, the |
|
commissioner shall consider the range of appropriate sanctions |
|
available for a violation based on: |
|
(1) the severity of the violation; |
|
(2) the number of repeat violations; |
|
(3) whether the sanction serves as a deterrent to |
|
subsequent violations; and |
|
(4) any aggravating or mitigating factors. |
|
(b) The matrix developed under Subsection (a) does not |
|
prevent the commissioner from exercising discretion based on the |
|
specific circumstances of an individual case. |
|
(c) In developing the matrix under Subsection (a), the |
|
commissioner shall provide for public comment. |
|
(d) The commissioner shall make the matrix developed under |
|
Subsection (a) available to the public through posting the matrix |
|
on the agency's Internet website and through other appropriate |
|
means. |
|
SECTION 56. 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 57. 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 58. 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 59. Section 21.253(a), Education Code, is amended |
|
to read as follows: |
|
(a) A teacher must file a written request for a hearing |
|
under this subchapter with the district [commissioner] not later |
|
than the 15th day after the date the teacher receives written notice |
|
of the proposed action. [The teacher must provide the district with
|
|
a copy of the request and must provide the commissioner with a copy
|
|
of the notice.] |
|
SECTION 60. Sections 21.254(b) and (e), Education Code, are |
|
amended to read as follows: |
|
(b) If a hearing examiner is not selected by the parties to a |
|
pending case under Subsection (e), the [The] commissioner shall |
|
immediately assign the hearing examiner for a particular case by |
|
selecting the next person named on the list who resides within |
|
reasonable proximity to the district as determined by the |
|
commissioner. The commissioner may not change the order of names |
|
once the order is established under this section, except that once |
|
each hearing examiner on the list has been assigned to a case, the |
|
names shall be randomly reordered. When a hearing examiner has been |
|
assigned to a case, the commissioner shall immediately notify the |
|
parties. An assignment under this section is final. |
|
(e) After the teacher receives the notice of the proposed |
|
action, the parties by agreement may select a hearing examiner from |
|
the list maintained by the commissioner under Subsection (a) or a |
|
person who is not certified to serve as a hearing examiner. A |
|
person who is not a certified hearing examiner may be selected only |
|
if the person is licensed to practice law in this state. If the |
|
parties do not agree on a hearing examiner, the parties shall |
|
request an assignment from [, before the date the commissioner is
|
|
permitted to assign a hearing examiner, notify] the commissioner |
|
under Subsection (b) [in writing of the agreement, including the
|
|
name of the hearing examiner selected]. |
|
SECTION 61. Section 21.255(d), Education Code, is amended |
|
to read as follows: |
|
(d) If the hearing examiner is unable to continue presiding |
|
over a case at any time before issuing a recommendation or decision, |
|
the parties shall select by agreement or request the assignment of |
|
another hearing examiner under Section 21.254 who, after a review |
|
of the record, shall perform any remaining functions without the |
|
necessity of repeating any previous proceedings. |
|
SECTION 62. Section 21.4021(g), Education Code, is amended |
|
to read as follows: |
|
(g) If a board of trustees adopts a furlough program after |
|
the date by which a teacher must give notice of resignation under |
|
Section 21.105, 21.160, or 21.210, as applicable, a teacher who |
|
subsequently resigns is not subject to sanctions imposed by the |
|
commissioner [State Board for Educator Certification] as otherwise |
|
authorized by those sections. |
|
SECTION 63. 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 64. 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 65. 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 commissioner [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 66. Sections 21.551 and 21.553, Education Code, are |
|
amended to read as follows: |
|
Sec. 21.551. PURPOSES. The purposes of the alternative |
|
certification Teach for Texas Pilot Program are to: |
|
(1) attract to the teaching profession persons who |
|
have expressed interest in teaching and to support the |
|
certification of those persons as teachers; |
|
(2) recognize the importance of the certification |
|
process [governed by the State 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. 21.553. 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 commissioner [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 67. 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 68. 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 commissioner [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 69. 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 commissioner [State Board
|
|
for Educator Certification] to enforce the educator's code of |
|
ethics adopted under Section 21.041(b)(8). |
|
SECTION 70. Section 22.082, Education Code, is amended to |
|
read as follows: |
|
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY |
|
COMMISSIONER [STATE BOARD FOR EDUCATOR CERTIFICATION]. The |
|
commissioner [State Board for Educator Certification] shall |
|
subscribe to the criminal history clearinghouse as provided by |
|
Section 411.0845, Government Code, and may obtain from any law |
|
enforcement or criminal justice agency all criminal history record |
|
information and all records contained in any closed criminal |
|
investigation file that relate to a specific applicant for or |
|
holder of a certificate issued under Subchapter B, Chapter 21. |
|
SECTION 71. Sections 22.0831(c), (d), (e), and (f), |
|
Education Code, are amended to read as follows: |
|
(c) The commissioner [board] shall review the national |
|
criminal history record information of a person who has not |
|
previously submitted fingerprints to the department or been subject |
|
to a national criminal history record information review. |
|
(d) The commissioner [board] shall place an educator's |
|
certificate on inactive status for failure to comply with a |
|
deadline for submitting information required under this section. |
|
(e) The commissioner [board] may allow a person who is |
|
applying for a certificate under Subchapter B, Chapter 21, and who |
|
currently resides in another state to submit the person's |
|
fingerprints and other required information in a manner that does |
|
not impose an undue hardship on the person. |
|
(f) The commissioner [board] may adopt [propose] rules to |
|
implement this section, including rules establishing: |
|
(1) deadlines for a person to submit fingerprints and |
|
photographs in compliance with this section; and |
|
(2) sanctions for a person's failure to comply with the |
|
requirements of this section, including suspension or revocation of |
|
a certificate or refusal to issue a certificate. |
|
SECTION 72. Section 22.0832(a), Education Code, is amended |
|
to read as follows: |
|
(a) The agency shall review the national criminal history |
|
record information of an employee of an open-enrollment charter |
|
school to whom Section 12.1059 applies in the same manner as the |
|
commissioner [State Board for Educator Certification] reviews |
|
certified educators under Section 22.0831. If the agency |
|
determines that, based on information contained in an employee's |
|
criminal history record information, the employee would not be |
|
eligible for educator certification under Subchapter B, Chapter 21, |
|
the agency shall notify the open-enrollment charter school in |
|
writing that the person may not be employed by the school or serve |
|
in a capacity described by Section 12.1059. |
|
SECTION 73. Section 22.0833(h), Education Code, is amended |
|
to read as follows: |
|
(h) The agency, [the State Board for Educator
|
|
Certification,] school districts, open-enrollment charter schools, |
|
and shared services arrangements may coordinate as necessary to |
|
ensure that criminal history reviews authorized or required under |
|
this subchapter are not unnecessarily duplicated. |
|
SECTION 74. Sections 22.085(d) and (e), Education Code, are |
|
amended to read as follows: |
|
(d) 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 commissioner [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. For purposes of this subsection, a |
|
disclosure to the State Board for Educator Certification before |
|
September 1, 2013, is considered a disclosure to the commissioner. |
|
(e) The commissioner [State Board for Educator
|
|
Certification] may impose a sanction on an educator who does not |
|
discharge an employee or refuse to hire an applicant if the educator |
|
knows or should have known, through a criminal history record |
|
information review, that the employee or applicant has been |
|
convicted of an offense described by Subsection (a). |
|
SECTION 75. Sections 22.086 and 22.087, Education Code, are |
|
amended to read as follows: |
|
Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The |
|
commissioner [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. |
|
Sec. 22.087. NOTIFICATION TO COMMISSIONER [STATE BOARD FOR
|
|
EDUCATOR CERTIFICATION]. The superintendent of a school 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 76. Section 25.001(b), Education Code, is amended |
|
to read as follows: |
|
(b) The board of trustees of a school district or its |
|
designee shall admit into the public schools of the district free of |
|
tuition a person who is over five and younger than 21 years of age on |
|
the first day of September of the school year in which admission is |
|
sought, and may admit a person who is at least 21 years of age and |
|
under 26 years of age for the purpose of completing the requirements |
|
for a high school diploma, if: |
|
(1) the person and either parent of the person reside |
|
in the school district; |
|
(2) the person does not reside in the school district |
|
but a parent of the person resides in the school district and that |
|
parent is a joint managing conservator or the sole managing |
|
conservator or possessory conservator of the person; |
|
(3) the person and the person's guardian or other |
|
person having lawful control of the person under a court order |
|
reside within the school district; |
|
(4) the person has established a separate residence |
|
under Subsection (d); |
|
(5) the person is homeless, as defined by 42 U.S.C. |
|
Section 11302, regardless of the residence of the person, of either |
|
parent of the person, or of the person's guardian or other person |
|
having lawful control of the person; |
|
(6) the person is a foreign exchange student placed |
|
with a host family that resides in the school district by a |
|
nationally recognized foreign exchange program[, unless the school
|
|
district has applied for and been granted a waiver by the
|
|
commissioner under Subsection (e)]; |
|
(7) the person resides at a residential facility |
|
located in the district; |
|
(8) the person resides in the school district and is 18 |
|
years of age or older or the person's disabilities of minority have |
|
been removed; or |
|
(9) the person does not reside in the school district |
|
but the grandparent of the person: |
|
(A) resides in the school district; and |
|
(B) provides a substantial amount of |
|
after-school care for the person as determined by the board. |
|
SECTION 77. Section 28.006, Education Code, is amended by |
|
amending Subsection (j) and adding Subsection (j-1) to read as |
|
follows: |
|
(j) No more than 15 percent of the funds certified by the |
|
commissioner under Subsection (i) may be spent on indirect |
|
costs. The commissioner shall evaluate the programs that fail to |
|
meet the standard of performance under Subsection (j-1) [Section
|
|
39.301(c)(5)] and may implement interventions or sanctions under |
|
Subchapter E, Chapter 39. The commissioner may audit the |
|
expenditures of funds appropriated for purposes of this section. |
|
The use of the funds appropriated for purposes of this section shall |
|
be verified as part of the district audit under Section 44.008. |
|
(j-1) For purposes of evaluating a program under Subsection |
|
(j), the commissioner shall adopt an indicator of the quality of |
|
learning that includes the percentage of students, aggregated by |
|
grade level, provided accelerated instruction under Section |
|
28.0211(c), the results of assessment instruments administered |
|
under that section, the percentage of students promoted through the |
|
grade placement committee process under Section 28.0211, the |
|
subject of the assessment instrument on which each student failed |
|
to perform satisfactorily under each performance standard under |
|
Section 39.0241, and the performance of those students in the |
|
school year following that promotion on the assessment instruments |
|
required under Section 39.023. |
|
SECTION 78. Section 28.014(d), Education Code, is amended |
|
to read as follows: |
|
(d) The agency, in coordination with the Texas Higher |
|
Education Coordinating Board, shall adopt a series of questions to |
|
be included in an end-of-course assessment instrument administered |
|
under Subsection (c) to be used for purposes of Section 51.3062. |
|
The questions must be developed in a manner consistent with any |
|
college readiness standards adopted under Section [Sections 39.233
|
|
and] 51.3062. |
|
SECTION 79. Section 29.007, Education Code, is amended to |
|
read as follows: |
|
Sec. 29.007. SHARED SERVICES ARRANGEMENTS. School |
|
districts may enter into a written contract to jointly operate |
|
their special education programs. [The contract must be approved
|
|
by the commissioner.] Funds to which the cooperating districts are |
|
entitled may be allocated to the districts jointly as shared |
|
services arrangement units or shared services arrangement funds in |
|
accordance with the shared services arrangement districts' |
|
agreement. |
|
SECTION 80. Sections 29.061(a), (b), (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 for bilingual education by the |
|
commissioner [board]. |
|
(c) A teacher assigned to an English as a second language or |
|
other special language program must be appropriately certified for |
|
English as a second language by the commissioner [board]. |
|
(e) The commissioner [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 81. The heading to Subchapter H, Chapter 29, |
|
Education Code, is amended to read as follows: |
|
SUBCHAPTER H. [ADULT AND] COMMUNITY EDUCATION PROGRAMS |
|
SECTION 82. Section 29.251(4), Education Code, is amended |
|
to read as follows: |
|
(4) "Community education" means the process by which |
|
the citizens in a school district, using the resources and |
|
facilities of the district, organize to support each other and to |
|
solve their mutual educational problems and meet their mutual |
|
lifelong needs. Community education may include: |
|
(A) educational programs, including programs |
|
relating to [for occupational and technological skills training,
|
|
retraining of displaced workers,] cultural awareness, parenting |
|
skills education and parental involvement in school programs, and |
|
multilevel adult education and personal growth; |
|
(B) community involvement programs, including |
|
programs for community economic development, school volunteers, |
|
partnerships between schools and businesses, coordination with |
|
community agencies, school-age child care, family [and workplace] |
|
literacy, and community use of facilities; and |
|
(C) programs for youth enrolled in schools, |
|
including programs for dropout prevention and recovery programs, |
|
drug-free school programs, school-age parenting programs, and |
|
academic enhancement. |
|
SECTION 83. Section 29.252, Education Code, is amended to |
|
read as follows: |
|
Sec. 29.252. AGENCY [STATE] ROLE IN [ADULT AND] COMMUNITY |
|
EDUCATION. (a) The agency shall: |
|
(1) [provide adequate staffing to develop,
|
|
administer, and support a comprehensive statewide adult education
|
|
program and coordinate related federal and state programs for
|
|
education and training of adults;
|
|
[(2)] develop, implement, and regulate a comprehensive |
|
statewide program for community [level] education services [to meet
|
|
the special needs of adults]; |
|
(2) [(3) develop the mechanism and guidelines for
|
|
coordination of comprehensive adult education and related skill
|
|
training services for adults with other agencies, both public and
|
|
private, in planning, developing, and implementing related
|
|
programs, including community education programs;
|
|
[(4)] administer all state and federal funds for |
|
community [adult] education [and related skill training] in this |
|
state, other than funds that [except in programs for which] another |
|
entity is specifically authorized to administer [do so] under other |
|
law; and |
|
(3) [(5)
prescribe and administer standards and
|
|
accrediting policies for adult education;
|
|
[(6)
prescribe and administer rules for teacher
|
|
certification for adult education;
|
|
[(7)] accept and administer grants, gifts, services, |
|
and funds from available sources for use in community [adult] |
|
education[;
|
|
[(8)
adopt or develop and administer a standardized
|
|
assessment mechanism for assessing all adult education program
|
|
participants who need literacy instruction, adult basic education,
|
|
or secondary education leading to an adult high school diploma or
|
|
the equivalent;
|
|
[(9)
collaborate with the Texas Workforce Commission
|
|
to improve the coordination and implementation of adult education
|
|
and literacy services in this state; and
|
|
[(10)
monitor and evaluate educational and employment
|
|
outcomes of students who participate in the agency's adult
|
|
education and literacy programs]. |
|
(b) The commissioner may adopt rules for the administration |
|
of this subchapter [assessment mechanism prescribed under
|
|
Subsection (a)(8) must include an initial basic skills screening
|
|
instrument and must provide comprehensive information concerning
|
|
baseline student skills before and student progress after
|
|
participation in an adult education program]. |
|
SECTION 84. Section 29.255, Education Code, is amended to |
|
read as follows: |
|
Sec. 29.255. STATE FUNDING. [(a)] Funds shall be |
|
appropriated to implement statewide community [adult basic] |
|
education [, adult bilingual education, high school equivalency,
|
|
and high school credit] programs, including [to eliminate
|
|
illiteracy in this state and to implement and support a statewide
|
|
program to meet the total range of adult needs for adult education,
|
|
related skill training, and] pilot programs to demonstrate the |
|
effectiveness of the community education concept. The agency shall |
|
ensure that public local education agencies, public nonprofit |
|
agencies, and community-based organizations have direct and |
|
equitable access to those funds. [An additional sum of money may be
|
|
appropriated to the Texas Department of Commerce for the purpose of
|
|
skill training in direct support of industrial expansion and
|
|
start-up, and those locations, industries, and occupations
|
|
designated by the Texas Department of Commerce, when such training
|
|
is also in support of the basic purposes of this subchapter. To
|
|
fulfill the basic purposes of this subchapter, an additional sum of
|
|
money may be appropriated for skill training that is conducted to
|
|
support the expansion of civilian employment opportunities on
|
|
United States military reservations.
|
|
[(b)
The agency, in conjunction with the Texas Department of
|
|
Commerce, may adopt rules to administer skill training programs for
|
|
which the agency is responsible, and the Texas Department of
|
|
Commerce may adopt rules to administer skill training programs for
|
|
which it is responsible.] |
|
SECTION 85. Section 29.902, Education Code, is amended to |
|
read as follows: |
|
Sec. 29.902. DRIVER EDUCATION. (a) The Texas Department of |
|
Licensing and Regulation [agency] shall develop a program of |
|
organized instruction in driver education and traffic safety for |
|
public school students. A student who will be 15 years of age or |
|
older before a driver education and traffic safety course ends may |
|
enroll in the course. |
|
(b) The agency shall establish standards for the |
|
certification of professional and paraprofessional personnel who |
|
conduct the programs in the public schools. |
|
(c) A school district shall consider offering a driver |
|
education and traffic safety course during each school year. If the |
|
district offers the course, the district may: |
|
(1) conduct the course and charge a fee for the course |
|
in the amount determined by the agency to be comparable to the fee |
|
charged by a driver education school that holds a license under |
|
Chapter 1001; or |
|
(2) contract with a driver education school that holds |
|
a license under Chapter 1001 to conduct the course. |
|
SECTION 86. 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 |
|
Subchapter B, Chapter 21, [the rules of the 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 |
|
Subchapter B, Chapter 21 [the rules of the State Board for Educator
|
|
Certification]; |
|
(2) employing a part-time teacher certified as a |
|
counselor under Subchapter B, Chapter 21 [the rules of the 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 Subchapter B, Chapter 21 [the rules of the State
|
|
Board for Educator Certification]. |
|
SECTION 87. Section 33.007(c), Education Code, is amended |
|
to read as follows: |
|
(c) At the beginning of grades 10 and 11, a school counselor |
|
certified under Subchapter B, Chapter 21, [the rules of the State
|
|
Board for Educator Certification] shall explain the requirements of |
|
automatic admission to a general academic teaching institution |
|
under Section 51.803 to each student enrolled in a high school or at |
|
the high school level in an open-enrollment charter school who has a |
|
grade point average in the top 25 percent of the student's high |
|
school class. |
|
SECTION 88. Section 33.081(d-1), Education Code, is amended |
|
to read as follows: |
|
(d-1) Subsections (c) and (d) do not apply to an advanced |
|
placement or international baccalaureate course, or to an honors or |
|
dual credit course in the subject areas of English language arts, |
|
mathematics, science, social studies, economics, or a language |
|
other than English. [The agency shall review on a biennial basis
|
|
courses described by this subsection to determine if other courses
|
|
should be excluded from the requirement that a student be suspended
|
|
from participation in an extracurricular activity under Subsection
|
|
(c).
Not later than January 1 of each odd-numbered year, the agency
|
|
shall report the findings under this subsection to the
|
|
legislature.] |
|
SECTION 89. Section 37.006(o), Education Code, is amended |
|
to read as follows: |
|
(o) In addition to any notice required under Article 15.27, |
|
Code of Criminal Procedure, a principal or a principal's designee |
|
shall inform each educator who has responsibility for, or is under |
|
the direction and supervision of an educator who has responsibility |
|
for, the instruction of a student who has engaged in any violation |
|
listed in this section of the student's misconduct. Each educator |
|
shall keep the information received under this subsection |
|
confidential from any person not entitled to the information under |
|
this subsection, except that the educator may share the information |
|
with the student's parent or guardian as provided for by state or |
|
federal law. The commissioner [State Board for Educator
|
|
Certification] may revoke or suspend the certification of an |
|
educator who intentionally violates this subsection. |
|
SECTION 90. Section 37.007(g), Education Code, is amended |
|
to read as follows: |
|
(g) In addition to any notice required under Article 15.27, |
|
Code of Criminal Procedure, a school district shall inform each |
|
educator who has responsibility for, or is under the direction and |
|
supervision of an educator who has responsibility for, the |
|
instruction of a student who has engaged in any violation listed in |
|
this section of the student's misconduct. Each educator shall keep |
|
the information received under this subsection confidential from |
|
any person not entitled to the information under this subsection, |
|
except that the educator may share the information with the |
|
student's parent or guardian as provided for by state or federal |
|
law. The commissioner [State Board for Educator Certification] may |
|
revoke or suspend the certification of an educator who |
|
intentionally violates this subsection. |
|
SECTION 91. Section 39.027(e), Education Code, is amended |
|
to read as follows: |
|
(e) The commissioner shall develop an assessment system |
|
that shall be used for evaluating the academic progress, including |
|
reading proficiency in English, of all students of limited English |
|
proficiency, as defined by Section 29.052. A student who is exempt |
|
from the administration of an assessment instrument under |
|
Subsection (a)(1) or (2) who achieves reading proficiency in |
|
English as determined by the assessment system developed under this |
|
subsection shall be administered the assessment instruments |
|
described by Sections 39.023(a) and (c). The performance under the |
|
assessment system developed under this subsection of students to |
|
whom Subsection (a)(1) or (2) applies shall be included in the |
|
indicator systems under Section 39.301, as applicable, the local |
|
performance report under Section 39.306, and the comprehensive |
|
biennial [annual] report under Section 39.332. This information |
|
shall be provided in a manner that is disaggregated by the bilingual |
|
education or special language program, if any, in which the student |
|
is enrolled. |
|
SECTION 92. Sections 39.0302(a) and (d), Education Code, |
|
are amended to read as follows: |
|
(a) During an agency investigation or audit of a school |
|
district under Section 39.0301(e) or (f), an accreditation |
|
investigation under Section 39.057(a)(8) [39.075(a)(8)], or an |
|
investigation [by the State Board for Educator Certification] of an |
|
educator for an alleged violation of an assessment instrument |
|
security procedure established under Section 39.0301(a), the |
|
commissioner may issue a subpoena to compel the attendance of a |
|
relevant witness or the production, for inspection or copying, of |
|
relevant evidence that is located in this state. |
|
(d) All information and materials subpoenaed or compiled in |
|
connection with an investigation or audit described by Subsection |
|
(a): |
|
(1) are confidential and not subject to disclosure |
|
under Chapter 552, Government Code; and |
|
(2) are not subject to disclosure, discovery, |
|
subpoena, or other means of legal compulsion for release to any |
|
person other than: |
|
(A) the commissioner [or the State Board for
|
|
Educator Certification, as applicable]; |
|
(B) agency employees or agents involved in the |
|
investigation, as applicable; and |
|
(C) the office of the attorney general, the state |
|
auditor's office, and law enforcement agencies. |
|
SECTION 93. Section 39.082, Education Code, is amended by |
|
amending Subsections (a) and (b) and adding Subsections (d), (e), |
|
(f), (g), and (g-1) to read as follows: |
|
(a) The commissioner shall, in consultation with the |
|
comptroller, develop and implement separate financial |
|
accountability rating systems for school districts and |
|
open-enrollment charter schools in this state that: |
|
(1) distinguish among school districts and |
|
distinguish among open-enrollment charter schools, as applicable, |
|
based on levels of financial performance; [and] |
|
(2) include procedures to: |
|
(A) provide additional transparency to public |
|
education finance; and |
|
(B) enable the commissioner and school district |
|
and open-enrollment charter school administrators to provide |
|
meaningful financial oversight and improvement; and |
|
(3) include processes for anticipating the future |
|
financial solvency of each school district and open-enrollment |
|
charter school, including analysis of district and school revenues |
|
and expenditures for preceding school years. |
|
(b) The system must include uniform indicators adopted by |
|
[the] commissioner rule by which to measure the financial |
|
management performance and future financial solvency of a district |
|
or open-enrollment charter school. In adopting indicators under |
|
this subsection, the commissioner shall assign a point value to |
|
each indicator to be used in a scoring matrix developed by the |
|
commissioner. |
|
(d) The commissioner shall evaluate indicators adopted |
|
under Subsection (b) at least once every three years. |
|
(e) A district or open-enrollment charter school shall |
|
receive a failing rating under the system if the district or school |
|
fails to achieve a satisfactory rating on: |
|
(1) an indicator adopted under Subsection (b) relating |
|
to financial management or solvency that the commissioner |
|
determines to be critical; or |
|
(2) a category of indicators that suggest trends |
|
leading to financial distress as determined by the commissioner. |
|
(f) Before assigning a final rating under the system, the |
|
commissioner shall assign each district or open-enrollment charter |
|
school a preliminary rating. A district or school may submit |
|
additional information to the commissioner relating to any |
|
indicator on which performance was considered unsatisfactory. The |
|
commissioner shall consider any additional information submitted |
|
by a district or school before assigning a final rating. If the |
|
commissioner determines that the additional information negates |
|
the concern raised by the indicator on which performance was |
|
considered unsatisfactory, the commissioner may not penalize the |
|
district or school on the basis of the indicator. |
|
(g) The commissioner shall adopt rules for the |
|
implementation of this section. |
|
(g-1) The commissioner shall adopt initial rules necessary |
|
to implement the changes to this section made by the 83rd |
|
Legislature, Regular Session, 2013, not later than March 1, 2015. |
|
This subsection expires April 1, 2015. |
|
SECTION 94. Section 39.0823, Education Code, is amended by |
|
amending Subsection (a) and adding Subsection (d) to read as |
|
follows: |
|
(a) If the commissioner, based on the indicators adopted |
|
under Section 39.082 or other relevant information, projects a |
|
[review process under Section 39.0822 indicates a projected] |
|
deficit for a school district or open-enrollment charter school |
|
general fund within the following three school years, the agency |
|
[district] shall provide the district or school [agency] interim |
|
financial reports, including projected revenues and expenditures |
|
[supplemented by staff and student count data, as needed], to |
|
evaluate the [district's] current budget status of the district or |
|
school. |
|
(d) The agency may require a district or open-enrollment |
|
charter school to submit additional information needed to produce a |
|
financial report under Subsection (a). If a district or school |
|
fails to provide information requested under this subsection or if |
|
the commissioner determines that the information submitted by a |
|
district or school is unreliable, the commissioner may order the |
|
district or school to acquire professional services as provided by |
|
Section 39.109. |
|
SECTION 95. Subchapter D, Chapter 39, Education Code, is |
|
amended by adding Section 39.0824 to read as follows: |
|
Sec. 39.0824. CORRECTIVE ACTION PLAN. (a) A school |
|
district or open-enrollment charter school assigned a failing |
|
rating under Section 39.082 shall submit to the commissioner a |
|
corrective action plan to address the financial weaknesses of the |
|
district or school. A corrective action plan must identify problems |
|
and include strategies for improvement. |
|
(b) The commissioner may impose appropriate sanctions under |
|
Subchapter E against a district or school failing to submit or |
|
implement a corrective action plan required under Subsection (a). |
|
SECTION 96. Section 39.083(b), Education Code, is amended |
|
to read as follows: |
|
(b) The annual financial management report must include: |
|
(1) a description of the district's financial |
|
management performance based on a comparison, provided by the |
|
agency, of the district's performance on the indicators adopted |
|
under Section 39.082(b) to: |
|
(A) state-established standards; and |
|
(B) the district's previous performance on the |
|
indicators; and |
|
(2) [a description of the data submitted using the
|
|
electronic-based program developed under Section 39.0822; and
|
|
[(3)] any descriptive information required by the |
|
commissioner. |
|
SECTION 97. Section 39.102(a), Education Code, is amended |
|
to read as follows: |
|
(a) If a school district does not satisfy the accreditation |
|
criteria under Section 39.052, the academic performance standards |
|
under Section 39.053 or 39.054, or any financial accountability |
|
standard as determined by commissioner rule, the commissioner shall |
|
take any of the following actions to the extent the commissioner |
|
determines necessary: |
|
(1) issue public notice of the deficiency to the board |
|
of trustees; |
|
(2) order a hearing conducted by the board of trustees |
|
of the district for the purpose of notifying the public of the |
|
insufficient performance, the improvements in performance expected |
|
by the agency, and the interventions and sanctions that may be |
|
imposed under this section if the performance does not improve; |
|
(3) order the preparation of a student achievement |
|
improvement plan that addresses each student achievement indicator |
|
under Section 39.053(c) for which the district's performance is |
|
insufficient, the submission of the plan to the commissioner for |
|
approval, and implementation of the plan; |
|
(4) order a hearing to be held before the commissioner |
|
or the commissioner's designee at which the president of the board |
|
of trustees of the district and the superintendent shall appear and |
|
explain the district's low performance, lack of improvement, and |
|
plans for improvement; |
|
(5) arrange an on-site investigation of the district; |
|
(6) appoint an agency monitor to participate in and |
|
report to the agency on the activities of the board of trustees or |
|
the superintendent; |
|
(7) appoint a conservator to oversee the operations of |
|
the district; |
|
(8) appoint a management team to direct the operations |
|
of the district in areas of insufficient performance or require the |
|
district to obtain certain services under a contract with another |
|
person; |
|
(9) if a district has a current accreditation status |
|
of accredited-warned or accredited-probation, fails to satisfy any |
|
standard under Section 39.054(e), or fails to satisfy financial |
|
accountability standards as determined by commissioner rule, |
|
appoint a board of managers to exercise the powers and duties of the |
|
board of trustees; |
|
(10) if for two consecutive school years, including |
|
the current school year, a district has received an accreditation |
|
status of accredited-warned or accredited-probation, has failed to |
|
satisfy any standard under Section 39.054(e), or has failed to |
|
satisfy financial accountability standards as determined by |
|
commissioner rule, revoke the district's accreditation and: |
|
(A) order closure of the district and annex the |
|
district to one or more [adjoining] districts under Section 13.054; |
|
or |
|
(B) in the case of a home-rule school district or |
|
open-enrollment charter school, order closure of all programs |
|
operated under the district's or school's charter; or |
|
(11) if a district has failed to satisfy any standard |
|
under Section 39.054(e) due to the district's dropout rates, impose |
|
sanctions designed to improve high school completion rates, |
|
including: |
|
(A) ordering the development of a dropout |
|
prevention plan for approval by the commissioner; |
|
(B) restructuring the district or appropriate |
|
school campuses to improve identification of and service to |
|
students who are at risk of dropping out of school, as defined by |
|
Section 29.081; |
|
(C) ordering lower student-to-counselor ratios |
|
on school campuses with high dropout rates; and |
|
(D) ordering the use of any other intervention |
|
strategy effective in reducing dropout rates, including mentor |
|
programs and flexible class scheduling. |
|
SECTION 98. Section 39.104, Education Code, is amended by |
|
adding Subsection (e) to read as follows: |
|
(e) In addition to the interventions and sanctions |
|
authorized under this chapter, the commissioner may reconstitute |
|
the governing body of a charter holder as provided by Section |
|
12.1201. |
|
SECTION 99. Section 39.112, Education Code, is amended by |
|
adding Subsection (f) to read as follows: |
|
(f) Subsection (e) does not apply if the district will be |
|
closed and its territory annexed to one or more other school |
|
districts in accordance with other law. In that circumstance, the |
|
board of managers may, as determined by the commissioner, continue |
|
to oversee the closure and annexation of the district until the |
|
effective date of the district's annexation. |
|
SECTION 100. Section 39.233, Education Code, is amended to |
|
read as follows: |
|
Sec. 39.233. [RECOGNITION OF] HIGH SCHOOL COMPLETION AND |
|
SUCCESS AND COLLEGE READINESS PROGRAMS; AGENCY GUIDANCE. [(a)] |
|
The agency shall[:
|
|
[(1)
develop standards for evaluating the success and
|
|
cost-effectiveness of high school completion and success and
|
|
college readiness programs implemented under Section 39.234;
|
|
[(2)] provide guidance for school districts and |
|
campuses in establishing and improving high school completion and |
|
success and college readiness programs implemented under Section |
|
39.234[; and
|
|
[(3)
develop standards for selecting and methods for
|
|
recognizing school districts and campuses that offer exceptional
|
|
high school completion and success and college readiness programs
|
|
under Section 39.234.
|
|
[(b)
The commissioner may adopt rules for the
|
|
administration of this section]. |
|
SECTION 101. Section 39.235(a), Education Code, is amended |
|
to read as follows: |
|
(a) From funds appropriated for that purpose, the |
|
commissioner may establish a grant program under which grants are |
|
awarded to middle, junior high, and high school campuses and school |
|
districts to support: |
|
(1) the implementation of innovative improvement |
|
programs that are based on the best available research regarding |
|
middle, junior high, or high school reform, dropout prevention, and |
|
preparing students for postsecondary coursework or employment; and |
|
(2) enhancing education practices that have been |
|
demonstrated by significant evidence of effectiveness[; and
|
|
[(3)
the alignment of grants and programs to the
|
|
strategic plan adopted under Section 39.407]. |
|
SECTION 102. Sections 39.301(a) and (c), Education Code, |
|
are amended to read as follows: |
|
(a) In addition to the indicators adopted under Section |
|
39.053, the commissioner may [shall] adopt indicators of the |
|
quality of learning for the purpose of preparing state performance |
|
reports under Section 39.305 [this chapter]. The commissioner |
|
biennially shall review the indicators for the consideration of |
|
appropriate revisions. |
|
(c) Indicators for reporting purposes may [must] include: |
|
(1) the percentage of graduating students who meet the |
|
course requirements established by State Board of Education rule |
|
for the minimum high school program, the recommended high school |
|
program, and the advanced high school program; |
|
(2) the results of the SAT, ACT, articulated |
|
postsecondary degree programs described by Section 61.852, and |
|
certified workforce training programs described by Chapter 311, |
|
Labor Code; |
|
(3) for students who have failed to perform |
|
satisfactorily, under each performance standard under Section |
|
39.0241, on an assessment instrument required under Section |
|
39.023(a) or (c), the performance of those students on subsequent |
|
assessment instruments required under those sections, aggregated |
|
by grade level and subject area; |
|
(4) for each campus, the number of students, |
|
disaggregated by major student subpopulations, that agree under |
|
Section 28.025(b) to take courses under the minimum high school |
|
program; |
|
(5) the percentage of students, aggregated by grade |
|
level, provided accelerated instruction under Section 28.0211(c), |
|
the results of assessment instruments administered under that |
|
section, the percentage of students promoted through the grade |
|
placement committee process under Section 28.0211, the subject of |
|
the assessment instrument on which each student failed to perform |
|
satisfactorily under each performance standard under Section |
|
39.0241, and the performance of those students in the school year |
|
following that promotion on the assessment instruments required |
|
under Section 39.023; |
|
(6) the percentage of students of limited English |
|
proficiency exempted from the administration of an assessment |
|
instrument under Sections 39.027(a)(1) and (2); |
|
(7) the percentage of students in a special education |
|
program under Subchapter A, Chapter 29, assessed through assessment |
|
instruments developed or adopted under Section 39.023(b); |
|
(8) the percentage of students who satisfy the college |
|
readiness measure; |
|
(9) the measure of progress toward dual language |
|
proficiency under Section 39.034(b), for students of limited |
|
English proficiency, as defined by Section 29.052; |
|
(10) the percentage of students who are not |
|
educationally disadvantaged; |
|
(11) the percentage of students who enroll and begin |
|
instruction at an institution of higher education in the school |
|
year following high school graduation; [and] |
|
(12) the percentage of students who successfully |
|
complete the first year of instruction at an institution of higher |
|
education without needing a developmental education course; and |
|
(13) additional quality indicators, as determined by |
|
the commissioner. |
|
SECTION 103. Section 39.305, Education Code, is amended to |
|
read as follows: |
|
Sec. 39.305. STATE PERFORMANCE REPORTS [CAMPUS REPORT
|
|
CARD]. (a) Each school year, the agency shall prepare and |
|
distribute to each school district a state performance report |
|
[card] for each campus. The reports [campus report cards] must be |
|
based on the most current data available disaggregated by student |
|
groups. Campus performance must be compared to previous campus and |
|
district performance, current district performance, and state |
|
established standards. |
|
(b) The report [card] shall include the following |
|
information: |
|
(1) where applicable, the student achievement |
|
indicators described by Section 39.053(c) and the reporting |
|
indicators adopted under Section 39.301 [described by Sections
|
|
39.301(c)(1) through (5)]; |
|
(2) average class size by grade level and subject; |
|
(3) the administrative and instructional costs per |
|
student, computed in a manner consistent with Section 44.0071; and |
|
(4) the district's instructional expenditures ratio |
|
and instructional employees ratio computed under Section 44.0071, |
|
and the statewide average of those ratios, as determined by the |
|
commissioner. |
|
(c) The commissioner shall adopt rules requiring |
|
dissemination of the information included in a state [required
|
|
under Subsection (b)(4) and appropriate class size and student] |
|
performance [portions of campus] report under this section [cards] |
|
annually to the parent, guardian, conservator, or other person |
|
having lawful control of each student in [at] the district in a |
|
manner consistent with campus policy regarding providing notice to |
|
parents. On written request, the school district shall provide a |
|
copy of a [campus] report [card] to any other party. |
|
(d) The agency shall promptly post the information included |
|
in reports on the agency's Internet website. |
|
SECTION 104. The heading to Section 39.306, Education Code, |
|
is amended to read as follows: |
|
Sec. 39.306. LOCAL PERFORMANCE REPORT. |
|
SECTION 105. The heading to Section 39.307, Education Code, |
|
is amended to read as follows: |
|
Sec. 39.307. USES OF LOCAL PERFORMANCE REPORT. |
|
SECTION 106. The heading to Section 39.332, Education Code, |
|
is amended to read as follows: |
|
Sec. 39.332. COMPREHENSIVE BIENNIAL [ANNUAL] REPORT. |
|
SECTION 107. Section 39.332(a), Education Code, is amended |
|
to read as follows: |
|
(a) The [Not later than December 1 of each year, the] agency |
|
shall prepare and deliver to the governor, the lieutenant governor, |
|
the speaker of the house of representatives, each member of the |
|
legislature, the Legislative Budget Board, and the clerks of the |
|
standing committees of the senate and house of representatives with |
|
primary jurisdiction over the public school system a comprehensive |
|
report covering the preceding two school years [year] and |
|
containing the information described by Subsection (b). |
|
SECTION 108. Sections 39.332(b)(2) and (20), Education |
|
Code, are amended to read as follows: |
|
(2) The report must contain an evaluation of the |
|
status of education in the state as reflected by: |
|
(A) the student achievement indicators described |
|
by Section 39.053; and |
|
(B) the reporting indicators adopted under |
|
[described by] Section 39.301. |
|
(20) The report must contain a comparison of the |
|
performance of open-enrollment charter schools and school |
|
districts on the student achievement indicators described by |
|
Section 39.053(c), the reporting indicators adopted under |
|
[described by] Section 39.301 [39.301(c)], and the accountability |
|
measures adopted under Section 39.053(i), with a separately |
|
aggregated comparison of the performance of open-enrollment |
|
charter schools predominantly serving students at risk of dropping |
|
out of school, as described by Section 29.081(d), with the |
|
performance of school districts. |
|
SECTION 109. Section 39.362, Education Code, is amended to |
|
read as follows: |
|
Sec. 39.362. NOTICE ON DISTRICT WEBSITE. Not later than the |
|
10th day after the first day of instruction of each school year, a |
|
school district that maintains an Internet website shall make the |
|
following information available to the public on the website: |
|
(1) the information contained in the most recent state |
|
performance [campus] report [card] for each campus in the district |
|
under Section 39.305; |
|
(2) the information contained in the most recent local |
|
performance report for the district under Section 39.306; |
|
(3) the most recent accreditation status and |
|
performance rating of the district under Sections 39.052 and |
|
39.054; and |
|
(4) a definition and explanation of each accreditation |
|
status under Section 39.051, based on commissioner rule adopted |
|
under that section. |
|
SECTION 110. Section 39.409, Education Code, is transferred |
|
to Subchapter Z, Chapter 29, Education Code, redesignated as |
|
Section 29.921, Education Code, and amended to read as follows: |
|
Sec. 29.921 [39.409]. PRIVATE FOUNDATION PARTNERSHIPS. |
|
(a) The commissioner of education or the commissioner of higher |
|
education, as appropriate, [and the council] may coordinate with |
|
private foundations that have made a substantial investment in the |
|
improvement of high schools in this state to maximize the impact of |
|
public and private investments. |
|
(b) A private foundation is not required to obtain the |
|
approval of the appropriate commissioner [or the council] under |
|
Subsection (a) before allocating resources to a school in this |
|
state. |
|
SECTION 111. Section 39.413, Education Code, is transferred |
|
to Subchapter C, Chapter 61, Education Code, redesignated as |
|
Section 61.0767, Education Code, and amended to read as follows: |
|
Sec. 61.0767 [39.413]. FUNDING FOR CERTAIN PROGRAMS. (a) |
|
From funds appropriated, the board [Texas Higher Education
|
|
Coordinating Board] shall allocate $8.75 million each year to |
|
establish mathematics, science, and technology teacher preparation |
|
academies under Section 61.0766[, provide funding to the
|
|
commissioner of education to implement and administer the program
|
|
under Section 29.098,] and award grants under Section |
|
61.0762(a)(3). |
|
(b) The board [Texas Higher Education Coordinating Board] |
|
shall establish mathematics, science, and technology teacher |
|
preparation academies under Section 61.0766[, provide funding to
|
|
the commissioner of education to implement and administer the
|
|
program under Section 29.098,] and award grants under Section |
|
61.0762(a)(3) in a manner consistent with [the goals of this
|
|
subchapter and] the goals in "Closing the Gaps," the state's master |
|
plan for higher education. |
|
SECTION 112. Subchapter A, Chapter 42, Education Code, is |
|
amended by adding Section 42.011 to read as follows: |
|
Sec. 42.011. FUNDS AUDIT. (a) The agency shall develop and |
|
implement by rule an auditing system for expenditures of funds |
|
under the Foundation School Program by school districts and |
|
open-enrollment charter schools. An auditing system developed |
|
under this section must use a standard, risk-based approach. |
|
(b) The agency shall provide guidance relating to an audit |
|
developed under this section through any training or reference |
|
material the agency provides to school districts or open-enrollment |
|
charter schools. |
|
SECTION 113. Section 45.208(a), Education Code, is amended |
|
to read as follows: |
|
(a) The bank or banks selected as the depository or |
|
depositories and the school district shall enter into a depository |
|
contract or contracts, bond or bonds, or other necessary |
|
instruments setting forth the duties and agreements pertaining to |
|
the depository[, in a form and with the content prescribed by the
|
|
State Board of Education]. The parties shall attach to the |
|
depository contract and incorporate by reference the bid or |
|
proposal of the depository. |
|
SECTION 114. Section 51.308, Education Code, is amended to |
|
read as follows: |
|
Sec. 51.308. DRIVER EDUCATION. A driver education course |
|
for the purpose of preparing students to obtain a driver's license |
|
may be offered by an institution of higher education, as defined by |
|
Section 61.003, with the approval of the Texas Department of |
|
Licensing and Regulation [Central Education Agency]. |
|
SECTION 115. Section 52.31, Education Code, is amended to |
|
read as follows: |
|
Sec. 52.31. PARTICIPATING INSTITUTIONS. In this |
|
subchapter, "participating higher educational institution" means a |
|
public or private nonprofit institution of higher education, |
|
including a junior college, accredited by a recognized accrediting |
|
agency as defined by Section 61.003, or a regional education |
|
service center or other entity that offers an alternative educator |
|
certification program approved by the commissioner of education |
|
[State Board for Educator Certification], that: |
|
(1) is located in this state; and |
|
(2) complies with the provisions of this chapter and |
|
the rules of the board promulgated in accordance with this chapter. |
|
SECTION 116. Section 52.32(b), Education Code, is amended |
|
to read as follows: |
|
(b) If a loan applicant is enrolled at a career school or |
|
college in a degree program that is approved by the board or at a |
|
regional education service center or other entity in an alternative |
|
educator certification program that is approved by the commissioner |
|
of education [State Board for Educator Certification], the |
|
applicant is not required to provide evidence that the applicant is |
|
unable to obtain a guaranteed student loan from a commercial lender |
|
under Subsection (a-1). |
|
SECTION 117. 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 118. Section 61.076(b), Education Code, is amended |
|
to read as follows: |
|
(b) The P-16 Council is composed of the commissioner of |
|
education, the commissioner of higher education, the executive |
|
director of the Texas Workforce Commission, [the executive director
|
|
of the State Board for Educator Certification,] and the |
|
commissioner of assistive and rehabilitative services. The |
|
commissioner of higher education and the commissioner of education |
|
shall serve as co-chairs of the council. |
|
SECTION 119. Section 61.0761(a), Education Code, is amended |
|
to read as follows: |
|
(a) The P-16 Council established under Section 61.076 shall |
|
recommend to the commissioner of education and the board a college |
|
readiness and success strategic action plan to increase student |
|
success and decrease the number of students enrolling in |
|
developmental course work in institutions of higher education. The |
|
plan must include: |
|
(1) definitions, as determined by the P-16 Council in |
|
coordination with the State Board of Education, of the standards |
|
and expectations for college readiness that address the knowledge |
|
and skills expected of students to perform successfully in |
|
entry-level courses offered at institutions of higher education; |
|
(2) a description of the components of a P-16 |
|
individualized graduation plan sufficient to prepare students for |
|
college success; |
|
(3) the manner in which the Texas Education Agency |
|
should provide model curricula for use as a reference tool by school |
|
district employees; |
|
(4) recommendations to the Texas Education Agency, the |
|
State Board of Education, and the board regarding strategies for |
|
decreasing the number of students enrolling in developmental course |
|
work at institutions of higher education; |
|
(5) recommendations [to the State Board for Educator
|
|
Certification] regarding changes to educator certification and |
|
professional development requirements that contribute to the |
|
ability of public school teachers to prepare students for higher |
|
education; and |
|
(6) any other elements that the commissioner of |
|
education and the board suggest for inclusion in the plan. |
|
SECTION 120. Section 61.0766(b), Education Code, is amended |
|
to read as follows: |
|
(b) Before an institution of higher education establishes |
|
an academy under this section, the institution must apply through a |
|
competitive process, as determined by the board, and meet any |
|
requirements established by the board for designation as an academy |
|
under this section and continued funding. The institution of |
|
higher education must have a teacher preparation program approved |
|
by the commissioner of education [State Board for Educator
|
|
Certification] or be affiliated with a program approved by the |
|
commissioner [State Board for Educator Certification]. |
|
SECTION 121. Section 1001.001, Education Code, is amended |
|
by amending Subdivisions (2), (3), (4), and (5) and adding |
|
Subdivision (13-a) to read as follows: |
|
(2) "Approved driving safety course" means a driving |
|
safety course approved by the department [commissioner]. |
|
(3) "Commission" ["Commissioner"] means the Texas |
|
Commission of Licensing and Regulation [commissioner of
|
|
education]. |
|
(4) "Course provider" means an enterprise that: |
|
(A) maintains a place of business or solicits |
|
business in this state; |
|
(B) is operated by an individual, association, |
|
partnership, or corporation; and |
|
(C) has received an approval for a driving safety |
|
course from the department [commissioner] or has been designated by |
|
a person who has received that approval to conduct business and |
|
represent the person in this state. |
|
(5) "Department" means the Texas Department of |
|
Licensing and Regulation [Public Safety]. |
|
(13-a) "Executive director" means the executive |
|
director of the department. |
|
SECTION 122. Section 1001.002(c), Education Code, is |
|
amended to read as follows: |
|
(c) A driver education course is exempt from this chapter, |
|
other than Section 1001.055, if the course is: |
|
(1) conducted by a vocational driver training school |
|
operated to train or prepare a person for a field of endeavor in a |
|
business, trade, technical, or industrial occupation; |
|
(2) conducted by a school or training program that |
|
offers only instruction of purely avocational or recreational |
|
subjects as determined by the department [commissioner]; |
|
(3) sponsored by an employer to train its own |
|
employees without charging tuition; |
|
(4) sponsored by a recognized trade, business, or |
|
professional organization with a closed membership to instruct the |
|
members of the organization; or |
|
(5) conducted by a school regulated and approved under |
|
another law of this state. |
|
SECTION 123. Section 1001.003, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.003. LEGISLATIVE INTENT REGARDING SMALL |
|
BUSINESSES. It is the intent of the legislature that commission |
|
[agency] rules that affect driver training schools that qualify as |
|
small businesses be adopted and administered so as to have the least |
|
possible adverse economic effect on the schools. |
|
SECTION 124. Section 1001.004, Education Code, as amended |
|
by Chapters 1253 (H.B. 339) and 1413 (S.B. 1317), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted and amended to |
|
read as follows: |
|
Sec. 1001.004. COST OF ADMINISTERING CHAPTER. (a) Except |
|
as provided by Subsection (b), the cost of administering this |
|
chapter shall be included in the state budget allowance for the |
|
department [agency]. |
|
(b) The department [commissioner] may charge a fee to each |
|
driver education school in an amount not to exceed the actual |
|
expense incurred in the regulation of driver education courses |
|
established under Section 1001.1015. |
|
SECTION 125. Sections 1001.051, 1001.052, 1001.053, and |
|
1001.054, Education Code, are amended to read as follows: |
|
Sec. 1001.051. JURISDICTION OVER SCHOOLS. The department |
|
[agency] has jurisdiction over and control of driver training |
|
schools regulated under this chapter. |
|
Sec. 1001.052. RULES. The commission [agency] shall adopt |
|
[and administer] comprehensive rules governing driving safety |
|
courses. |
|
Sec. 1001.053. POWERS AND DUTIES OF DEPARTMENT, COMMISSION, |
|
AND EXECUTIVE DIRECTOR [COMMISSIONER]. (a) The department and |
|
executive director, as appropriate, [commissioner] shall: |
|
(1) administer [the policies of] this chapter; |
|
(2) enforce minimum standards for driver training |
|
schools under this chapter; |
|
(3) [adopt and] enforce rules adopted by the |
|
commission that are necessary to administer this chapter; and |
|
(4) visit a driver training school or course provider |
|
and reexamine the school or course provider for compliance with |
|
this chapter. |
|
(b) The executive director [commissioner] may designate a |
|
person knowledgeable in the administration of regulating driver |
|
training schools to administer this chapter. |
|
(c) The commission shall adopt rules necessary to |
|
administer this chapter. The commission [commissioner] may adopt |
|
rules to ensure the integrity of approved driving safety courses |
|
and to enhance program quality. |
|
Sec. 1001.054. RULES RESTRICTING ADVERTISING OR |
|
COMPETITIVE BIDDING. (a) The commission [commissioner] may not |
|
adopt a rule restricting advertising or competitive bidding by a |
|
driver training school except to prohibit a false, misleading, or |
|
deceptive practice. |
|
(b) The commission [commissioner] may not include in rules |
|
to prohibit false, misleading, or deceptive practices by a driver |
|
training school a rule that restricts: |
|
(1) the use of an advertising medium; |
|
(2) the outside dimensions of a printed advertisement |
|
or outdoor display; |
|
(3) the duration of an advertisement; or |
|
(4) advertisement under a trade name. |
|
(c) The commission [commissioner] by rule may restrict |
|
advertising by a branch location of a driver training school so that |
|
the location adequately identifies the primary location of the |
|
school in a solicitation. |
|
SECTION 126. Sections 1001.055(a), (a-1), (a-2), (b), and |
|
(c), Education Code, are amended to read as follows: |
|
(a) The department [agency] shall provide to each licensed |
|
or exempt driver education school and to each parent-taught course |
|
provider approved by the Department of Public Safety under Section |
|
521.205, Transportation Code, driver education certificates or |
|
certificate numbers to enable the school or [and each approved
|
|
parent-taught] course provider [(approved by the Texas Department
|
|
of Public Safety under Section 521.205 of the Transportation Code)] |
|
to print and issue department-approved [agency-approved] driver |
|
education certificates [with the certificate numbers] to certify |
|
[be used for certifying] completion of an approved driver education |
|
course and [to] satisfy the requirements of Sections 521.204(a)(2) |
|
and 521.1601, Transportation Code. |
|
(a-1) A certificate printed and issued by a driver education |
|
school or Department of Public Safety approved course provider |
|
must: |
|
(1) be in a form required by the department [agency]; |
|
and |
|
(2) include an identifying certificate number |
|
provided by the department [agency] that may be used to verify the |
|
authenticity of the certificate with the driver education school or |
|
Department of Public Safety approved course provider. |
|
(a-2) A driver education school or Department of Public |
|
Safety approved course provider that purchases driver education |
|
certificate numbers shall provide for the printing and issuance of |
|
original and duplicate certificates in a manner that, to the |
|
greatest extent possible, prevents the unauthorized production or |
|
the misuse of the certificates. The driver education school or |
|
Department of Public Safety approved course provider shall |
|
electronically submit to the department [agency] in the manner |
|
established by the department [agency] data identified by the |
|
department [agency] relating to issuance of department-approved |
|
[agency-approved] driver education certificates with the |
|
certificate numbers. |
|
(b) The commission [agency] by rule shall provide for the |
|
design and distribution of the certificates and certificate numbers |
|
in a manner that, to the greatest extent possible, prevents the |
|
unauthorized reproduction or misuse of the certificates or |
|
certificate numbers. |
|
(c) The commission by rule shall establish [agency may
|
|
charge] a fee [of not more than $4] for each certificate or |
|
certificate number. |
|
SECTION 127. Sections 1001.056(b), (c), (d), (e), and (g), |
|
Education Code, are amended to read as follows: |
|
(b) The department [agency] shall provide each licensed |
|
course provider with course completion certificate numbers to |
|
enable the provider to print and issue department-approved |
|
[agency-approved] uniform certificates of course completion. |
|
(c) The commission [agency] by rule shall provide for the |
|
design of the certificates and the distribution of certificate |
|
numbers in a manner that, to the greatest extent possible, prevents |
|
the unauthorized production or the misuse of the certificates or |
|
certificate numbers. |
|
(d) A certificate under this section must: |
|
(1) be in a form required by the department [agency]; |
|
and |
|
(2) include an identifying number by which the |
|
department [agency], a court, or the Department of Public Safety |
|
[department] may verify its authenticity with the course provider. |
|
(e) The commission by rule shall establish [agency may
|
|
charge] a fee [of not more than $4] for each course completion |
|
certificate number. A course provider that supplies a certificate |
|
to an operator shall collect from the operator a fee equal to the |
|
amount of the fee paid to the department [agency] for the |
|
certificate number. |
|
(g) A course provider shall issue a duplicate certificate by |
|
United States mail or commercial delivery. The commission |
|
[commissioner] by rule shall determine the amount of the fee for |
|
issuance of a duplicate certificate under this subsection. |
|
SECTION 128. Section 1001.057, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.057. ELECTRONIC TRANSMISSION OF DRIVING SAFETY |
|
COURSE INFORMATION. The department [agency] shall investigate |
|
options to develop and implement procedures to electronically |
|
transmit information relating to driving safety courses to |
|
municipal and justice courts. |
|
SECTION 129. Subchapter B, Chapter 1001, Education Code, is |
|
amended by adding Sections 1001.058 and 1001.059 to read as |
|
follows: |
|
Sec. 1001.058. ADVISORY COMMITTEE. (a) The commission |
|
shall establish an advisory committee to advise the commission and |
|
department on driver training rules and standards and driver |
|
education curriculum. |
|
(b) The advisory committee consists of seven members |
|
appointed for staggered six-year terms by the presiding officer of |
|
the commission, with the approval of the commission, as follows: |
|
(1) one member representing a driver education school; |
|
(2) one member representing a driving safety school; |
|
(3) one member representing a course provider; |
|
(4) one driving course instructor; |
|
(5) one employee of the Department of Public Safety; |
|
and |
|
(6) two members representing the public. |
|
(c) The presiding officer of the commission shall appoint |
|
the presiding officer of the advisory committee. |
|
Sec. 1001.059. COMPLAINTS. (a) The department shall |
|
maintain a system to promptly and efficiently act on complaints |
|
filed with the department regarding driver training. The department |
|
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 department shall make information available |
|
describing its procedures for complaint investigation and |
|
resolution. |
|
(c) The department shall periodically notify the complaint |
|
parties of the status of the complaint until final disposition. |
|
SECTION 130. Section 1001.101, Education Code, as amended |
|
by Chapters 1253 (H.B. 339) and 1413 (S.B. 1317), Acts of the 81st |
|
Legislature, Regular Session, 2009, is reenacted and amended to |
|
read as follows: |
|
Sec. 1001.101. ADULT AND MINOR DRIVER EDUCATION COURSE |
|
CURRICULUM AND TEXTBOOKS. (a) The commission [commissioner] by |
|
rule shall establish or approve the curriculum and designate the |
|
textbooks to be used in a driver education course for minors and |
|
adults, including a driver education course conducted by a school |
|
district, driver education school, or parent or other individual |
|
under Section 521.205, Transportation Code. |
|
(b) A driver education course must require the student to |
|
complete: |
|
(1) 7 hours of behind-the-wheel instruction in the |
|
presence of a person who holds a driver education instructor |
|
license or who meets the requirements imposed under Section |
|
521.205, Transportation Code; |
|
(2) 7 hours of observation instruction in the presence |
|
of a person who holds a driver education instructor license or who |
|
meets the requirements imposed under Section 521.205, |
|
Transportation Code; and |
|
(3) 20 hours of behind-the-wheel instruction, |
|
including at least 10 hours of instruction that takes place at |
|
night, in the presence of an adult who meets the requirements of |
|
Section 521.222(d)(2), Transportation Code. |
|
SECTION 131. Section 1001.1015(a), Education Code, is |
|
amended to read as follows: |
|
(a) The commission [commissioner] by rule shall establish |
|
the curriculum and designate the educational materials to be used |
|
in a driver education course exclusively for adults. |
|
SECTION 132. Section 1001.102, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.102. ALCOHOL AWARENESS INFORMATION. (a) The |
|
commission [agency] by rule shall require that information relating |
|
to alcohol awareness and the effect of alcohol on the effective |
|
operation of a motor vehicle be included in the curriculum of any |
|
driver education course or driving safety course. |
|
(b) In developing rules under this section, the commission |
|
[agency] shall consult with the Department of Public Safety |
|
[department]. |
|
SECTION 133. Section 1001.1025, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.1025. MOTORCYCLE AWARENESS INFORMATION. (a) The |
|
commission [agency] by rule shall require that information relating |
|
to motorcycle awareness, the dangers of failing to yield the |
|
right-of-way to a motorcyclist, and the need to share the road with |
|
motorcyclists be included in the curriculum of any driver education |
|
course or driving safety course. |
|
(b) In developing rules under this section, the commission |
|
[agency] shall consult with the Department of Public Safety |
|
[department]. |
|
SECTION 134. Sections 1001.103(b), (d), and (e), Education |
|
Code, are amended to read as follows: |
|
(b) The department [agency] shall develop standards for a |
|
separate school certification and approve curricula for drug and |
|
alcohol driving awareness programs that include one or more |
|
courses. Except as provided by commission [agency] rule, a program |
|
must be offered in the same manner as a driving safety course. |
|
(d) In accordance with Section 461.013(b), Health and |
|
Safety Code, the department [agency] and the Department of State |
|
Health Services [Texas Commission on Alcohol and Drug Abuse] shall |
|
enter into a memorandum of understanding for the interagency |
|
approval of the required curricula. |
|
(e) The commission [Notwithstanding Section 1001.056,
|
|
Subchapter D, and Sections 1001.213 and 1001.303, the commissioner] |
|
may establish fees in connection with the programs under this |
|
section. The fees must be in amounts reasonable and necessary to |
|
administer the department's [agency's] duties under this section. |
|
SECTION 135. Sections 1001.104 and 1001.105, Education |
|
Code, are amended to read as follows: |
|
Sec. 1001.104. HOSPITAL AND REHABILITATION FACILITIES. (a) |
|
The department [agency] shall enter into a memorandum of |
|
understanding with the Department of Assistive and Rehabilitative |
|
Services [Texas Rehabilitation Commission] and the Department of |
|
Public Safety [department] for the interagency development of |
|
curricula and licensing criteria for hospital and rehabilitation |
|
facilities that teach driver education. |
|
(b) The department [agency] shall administer comprehensive |
|
rules governing driver education courses adopted by mutual |
|
agreement among the commission [agency], the Department of |
|
Assistive and Rehabilitative Services [Texas Rehabilitation
|
|
Commission], and the Department of Public Safety [department]. |
|
Sec. 1001.105. TEXAS DEPARTMENT OF INSURANCE. The |
|
department [agency] shall enter into a memorandum of understanding |
|
with the Texas Department of Insurance for the interagency |
|
development of a curriculum for driving safety courses. |
|
SECTION 136. Sections 1001.106(b), (c), and (d), Education |
|
Code, are amended to read as follows: |
|
(b) The commission [commissioner] by rule shall provide |
|
minimum standards of curriculum relating to operation of vehicles |
|
at railroad and highway grade crossings. |
|
(c) Subchapter F, Chapter 51, Occupations Code, Section |
|
51.353, Occupations Code, and Sections [1001.454,] 1001.456 [,] and |
|
1001.553 of this code do not apply to a violation of this section or |
|
a rule adopted under this section. |
|
(d) Section 51.352, Occupations Code, and Sections |
|
1001.455(a)(6), 1001.501, [1001.551, 1001.552,] and 1001.554 of |
|
this code do not apply to a violation of this section. |
|
SECTION 137. Section 1001.107, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.107. INFORMATION RELATING TO LITTER PREVENTION. |
|
(a) The commission [commissioner] by rule shall require that |
|
information relating to litter prevention be included in the |
|
curriculum of each driver education and driving safety course. |
|
(b) In developing rules under this section, the commission |
|
[commissioner] shall consult the Department of Public Safety |
|
[department]. |
|
SECTION 138. Sections 1001.108(a) and (c), Education Code, |
|
are amended to read as follows: |
|
(a) The commission [commissioner] by rule shall require |
|
that information relating to anatomical gifts be included in the |
|
curriculum of each driver education course and driving safety |
|
course. |
|
(c) In developing rules under this section, the commission |
|
[commissioner] shall consult with the Department of Public Safety |
|
[department] and the [Texas] Department of State Health Services. |
|
SECTION 139. Section 1001.110, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.110. INFORMATION RELATING TO DRIVING |
|
DISTRACTIONS. (a) The commission [commissioner] by rule shall |
|
require that information relating to the effect of using a wireless |
|
communication device or engaging in other actions that may distract |
|
a driver on the safe or effective operation of a motor vehicle be |
|
included in the curriculum of each driver education course or |
|
driving safety course. |
|
(b) In developing rules under this section, the commission |
|
[commissioner] shall consult with the Department of Public Safety |
|
[department]. |
|
SECTION 140. Section 1001.111(a), Education Code, is |
|
amended to read as follows: |
|
(a) The commission [commissioner] by rule shall provide |
|
minimum standards of curriculum for and designate the educational |
|
materials to be used in a driving safety course designed for drivers |
|
younger than 25 years of age. |
|
SECTION 141. Sections 1001.151, 1001.152, and 1001.153, |
|
Education Code, are amended to read as follows: |
|
Sec. 1001.151. APPLICATION, LICENSE, AND REGISTRATION |
|
FEES. (a) The commission by rule [commissioner] shall establish |
|
[collect] application, license, and registration fees. The fees |
|
must be in amounts sufficient to cover administrative costs and are |
|
nonrefundable. The department shall collect the application, |
|
license, and registration fees. |
|
(b) The commission by rule shall establish a fee for: |
|
(1) an initial driver education school license and [is
|
|
$1,000 plus $850] for each branch location; [.] |
|
(2) [(c) The fee for] an initial driving safety |
|
school license; |
|
(3) [is an appropriate amount established by the
|
|
commissioner not to exceed $200.
|
|
[(d) The fee for] an initial course provider license [is an
|
|
appropriate amount established by the commissioner not to exceed
|
|
$2,000], except that the commission [agency] may waive the fee if |
|
revenue received from the course provider is sufficient to cover |
|
the cost of licensing the course provider; [.] |
|
(4) the [(e) The] annual renewal [fee] for a course |
|
provider, driving safety school, driver education school, or branch |
|
location [is an appropriate amount established by the commissioner
|
|
not to exceed $200], except that the commission [agency] may waive |
|
the fee if revenue generated by the issuance of course completion |
|
certificate numbers and driver education certificates is |
|
sufficient to cover the cost of administering this chapter and |
|
Article 45.0511, Code of Criminal Procedure; [.] |
|
(5) [(f) The fee for] a change of address of[:
|
|
[(1)] a driver education school, [is $180; and
|
|
[(2) a] driving safety school, or course provider; [is
|
|
$50.] |
|
(6) [(g) The fee for] a change of name of: |
|
(A) [(1)] a driver education school or course |
|
provider or an owner of a driver education school or course provider |
|
[is $100]; or [and] |
|
(B) [(2)] a driving safety school or owner of a |
|
driving safety school; [is $50.] |
|
(7) [(h) The application fee for] each additional |
|
driver education or driving safety course at a driver training |
|
school; and [is $25.] |
|
(8) an [(i) The application fee for:
|
|
[(1) each director is $30; and
|
|
[(2)
each assistant director or administrative staff
|
|
member is $15.
|
|
[(j) Each] application for approval of a driving safety |
|
course that has not been evaluated by the department [commissioner
|
|
must be accompanied by a nonrefundable fee of $9,000]. |
|
(c) [(k)] An application for an original driver education |
|
or driving safety instructor license must be accompanied by a |
|
processing fee [of $50] and an annual license fee [of $25], except |
|
that the department [commissioner] may not collect the processing |
|
fee from an applicant for a driver education instructor license who |
|
is currently teaching a driver education course in a public school |
|
in this state. |
|
(d) [(l)] The commission [commissioner] shall establish the |
|
amount of the fee for a duplicate license. |
|
(e) [(m)] The commission [commissioner] may establish a fee |
|
for an application for approval to offer a driver education course |
|
by an alternative method of instruction under Section 1001.3541 in |
|
an amount the commission [commissioner] considers appropriate, not |
|
to exceed the amount sufficient to cover the costs of considering |
|
the application. |
|
Sec. 1001.152. DUTY TO REVIEW AND RECOMMEND ADJUSTMENTS IN |
|
FEE AMOUNTS. The commission [commissioner] shall periodically |
|
review the amounts of fees and recommend to the legislature |
|
adjustments to those amounts. |
|
Sec. 1001.153. COMPLAINT INVESTIGATION FEE. (a) The |
|
commission [commissioner] shall establish the amount of the fee to |
|
investigate a driver training school or course provider to resolve |
|
a complaint against the school or course provider. |
|
(b) The fee may be charged only if: |
|
(1) the complaint could not have been resolved solely |
|
by telephone or in writing; |
|
(2) a representative of the department [agency] |
|
visited the school or course provider as a part of the complaint |
|
resolution process; and |
|
(3) the school or course provider was found to be at |
|
fault. |
|
SECTION 142. Section 1001.202(b), Education Code, is |
|
amended to read as follows: |
|
(b) A driving safety school may use multiple classroom |
|
locations to teach a driving safety course if each location: |
|
(1) is approved by the parent school and the |
|
department [agency]; |
|
(2) has the same name as the parent school; and |
|
(3) has the same ownership as the parent school. |
|
SECTION 143. Sections 1001.203, 1001.204, 1001.205, and |
|
1001.206, Education Code, are amended to read as follows: |
|
Sec. 1001.203. APPLICATION. To operate or do business in |
|
this state, a driver training school must apply to the department |
|
[commissioner] for the appropriate license. The application must: |
|
(1) be in writing; |
|
(2) be in the form prescribed by the department |
|
[commissioner]; |
|
(3) include all required information; and |
|
(4) be verified. |
|
Sec. 1001.204. REQUIREMENTS FOR DRIVER EDUCATION SCHOOL |
|
LICENSE. The department [commissioner] shall approve an |
|
application for a driver education school license if, on |
|
investigation of the premises of the school, it is determined that |
|
the school: |
|
(1) has courses, curricula, and instruction of a |
|
quality, content, and length that reasonably and adequately achieve |
|
the stated objective for which the courses, curricula, and |
|
instruction are offered; |
|
(2) has adequate space, equipment, instructional |
|
material, and instructors to provide training of good quality in |
|
the classroom and behind the wheel; |
|
(3) has [directors,] instructors[, and
|
|
administrators] who have adequate educational qualifications and |
|
experience; |
|
(4) provides to each student before enrollment: |
|
(A) a copy of: |
|
(i) the refund policy; |
|
(ii) the schedule of tuition, fees, and |
|
other charges; and |
|
(iii) the regulations relating to absence, |
|
grading policy, and rules of operation and conduct; and |
|
(B) the department's name, mailing address, |
|
[and] telephone number, and Internet website address [of the
|
|
agency] for the purpose of directing complaints to the department |
|
[agency]; |
|
(5) maintains adequate records as prescribed by the |
|
department [commissioner] to show attendance and progress or grades |
|
and enforces satisfactory standards relating to attendance, |
|
progress, and conduct; |
|
(6) on completion of training, issues each student a |
|
certificate indicating the course name and satisfactory |
|
completion; |
|
(7) complies with all county, municipal, state, and |
|
federal regulations, including fire, building, and sanitation |
|
codes and assumed name registration; |
|
(8) is financially sound and capable of fulfilling its |
|
commitments for training; |
|
(9) has [administrators, directors,] owners[,] and |
|
instructors who are of good reputation and character; |
|
(10) maintains and publishes as part of its student |
|
enrollment contract the proper policy for the refund of the unused |
|
portion of tuition, fees, and other charges if a student fails to |
|
take the course or withdraws or is discontinued from the school at |
|
any time before completion; |
|
(11) does not use erroneous or misleading advertising, |
|
either by actual statement, omission, or intimation, as determined |
|
by the department [commissioner]; |
|
(12) does not use a name similar to the name of another |
|
existing school or tax-supported educational institution in this |
|
state, unless specifically approved in writing by the executive |
|
director [commissioner]; |
|
(13) submits to the department [agency] for approval |
|
the applicable course hour lengths and curriculum content for each |
|
course offered by the school; |
|
(14) does not owe an administrative penalty for a |
|
violation of [under] this chapter; and |
|
(15) meets any additional criteria required by the |
|
department [agency]. |
|
Sec. 1001.205. REQUIREMENTS FOR DRIVING SAFETY SCHOOL |
|
LICENSE. The department [commissioner] shall approve an |
|
application for a driving safety school license if on investigation |
|
the department [agency] determines that the school: |
|
(1) has driving safety courses, curricula, and |
|
instruction of a quality, content, and length that reasonably and |
|
adequately achieve the stated objective for which the course, |
|
curricula, and instruction are developed by the course provider; |
|
(2) has adequate space, equipment, instructional |
|
material, and instructors to provide training of good quality; |
|
(3) has instructors [and administrators] who have |
|
adequate educational qualifications and experience; |
|
(4) maintains adequate records as prescribed by the |
|
department [commissioner] to show attendance and progress or grades |
|
and enforces satisfactory standards relating to attendance, |
|
progress, and conduct; |
|
(5) complies with all county, municipal, state, and |
|
federal laws, including fire, building, and sanitation codes and |
|
assumed name registration; |
|
(6) has [administrators,] owners[,] and instructors |
|
who are of good reputation and character; |
|
(7) does not use erroneous or misleading advertising, |
|
either by actual statement, omission, or intimation, as determined |
|
by the department [commissioner]; |
|
(8) does not use a name similar to the name of another |
|
existing school or tax-supported educational establishment in this |
|
state, unless specifically approved in writing by the executive |
|
director [commissioner]; |
|
(9) maintains and uses the approved contract and |
|
policies developed by the course provider; |
|
(10) does not owe an administrative penalty for a |
|
violation of [under] this chapter; |
|
(11) will not provide a driving safety course to a |
|
person for less than $25; and |
|
(12) meets additional criteria required by the |
|
department [commissioner]. |
|
Sec. 1001.206. REQUIREMENTS FOR COURSE PROVIDER LICENSE. |
|
The department [commissioner] shall approve an application for a |
|
course provider license if on investigation the department [agency] |
|
determines that: |
|
(1) the course provider has an approved course that at |
|
least one licensed driving safety school is willing to offer; |
|
(2) the course provider has adequate educational |
|
qualifications and experience; |
|
(3) the course provider will: |
|
(A) develop and provide to each driving safety |
|
school that offers the approved course a copy of: |
|
(i) the refund policy; and |
|
(ii) the regulations relating to absence, |
|
grading policy, and rules of operation and conduct; and |
|
(B) provide to the driving safety school the |
|
department's name, mailing address, [and] telephone number, and |
|
Internet website address [of the agency] for the purpose of |
|
directing complaints to the department [agency]; |
|
(4) a copy of the information provided to each driving |
|
safety school under Subdivision (3) will be provided to each |
|
student by the school before enrollment; |
|
(5) not later than the 15th working day after the date |
|
a [the] person successfully completes the course, the course |
|
provider will issue and deliver to the person by United States mail |
|
or commercial delivery [mail] a uniform certificate of course |
|
completion [to the person] indicating the course name and |
|
successful completion; |
|
(6) the course provider maintains adequate records as |
|
prescribed by the department [commissioner] to show attendance and |
|
progress or grades and enforces satisfactory standards relating to |
|
attendance, progress, and conduct; |
|
(7) the course provider complies with all county, |
|
municipal, state, and federal laws, including assumed name |
|
registration and other applicable requirements; |
|
(8) the course provider is financially sound and |
|
capable of fulfilling its commitments for training; |
|
(9) the course provider is of good reputation and |
|
character; |
|
(10) the course provider maintains and publishes as a |
|
part of its student enrollment contract the proper policy for the |
|
refund of the unused portion of tuition, fees, and other charges if |
|
a student fails to take the course or withdraws or is discontinued |
|
from the school at any time before completion; |
|
(11) the course provider does not use erroneous or |
|
misleading advertising, either by actual statement, omission, or |
|
intimation, as determined by the department [commissioner]; |
|
(12) the course provider does not use a name similar to |
|
the name of another existing school or tax-supported educational |
|
institution in this state, unless specifically approved in writing |
|
by the executive director [commissioner]; |
|
(13) the course provider does not owe an |
|
administrative penalty for a violation of [under] this chapter; and |
|
(14) the course provider meets additional criteria |
|
required by the department [commissioner]. |
|
SECTION 144. Sections 1001.207(a) and (b), Education Code, |
|
are amended to read as follows: |
|
(a) Before a driver education school may be issued a |
|
license, the school must file a corporate surety bond with the |
|
department [commissioner] in the amount of: |
|
(1) $10,000 for the primary location of the school; |
|
and |
|
(2) $5,000 for each branch location. |
|
(b) A bond issued under Subsection (a) must be: |
|
(1) issued in a form approved by the department |
|
[commissioner]; |
|
(2) issued by a company authorized to do business in |
|
this state; |
|
(3) payable to the state to be used only for payment of |
|
a refund due to a student or potential student; |
|
(4) conditioned on the compliance of the school and |
|
its officers, agents, and employees with this chapter and rules |
|
adopted under this chapter; and |
|
(5) issued for a period corresponding to the term of |
|
the license. |
|
SECTION 145. Section 1001.209(b), Education Code, is |
|
amended to read as follows: |
|
(b) A bond issued under Subsection (a) must be: |
|
(1) issued by a company authorized to do business in |
|
this state; |
|
(2) payable to the state to be used: |
|
(A) for payment of a refund due a student of the |
|
course provider's approved course; |
|
(B) to cover the payment of unpaid fees or |
|
penalties assessed by the executive director [agency]; or |
|
(C) to recover any cost associated with providing |
|
course completion certificate numbers, including the cancellation |
|
of certificate numbers; |
|
(3) conditioned on the compliance of the course |
|
provider and its officers, agents, and employees with this chapter |
|
and rules adopted under this chapter; and |
|
(4) issued for a period corresponding to the term of |
|
the license. |
|
SECTION 146. Section 1001.210, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.210. ALTERNATE FORM OF SECURITY. Instead of the |
|
bond required by Section 1001.207 or 1001.209, a driver education |
|
school or course provider may provide another form of security that |
|
is: |
|
(1) [(A)] approved by the department [commissioner]; |
|
and |
|
(2) [(B)] in the amount required for a comparable bond |
|
under Section 1001.207 or 1001.209. |
|
SECTION 147. Sections 1001.211(a) and (b), Education Code, |
|
are amended to read as follows: |
|
(a) The executive director [commissioner] shall issue a |
|
license to an applicant for a license under this subchapter if: |
|
(1) the application is submitted in accordance with |
|
this subchapter; and |
|
(2) the applicant meets the requirements of this |
|
chapter. |
|
(b) A license must be in a form determined by the department |
|
[commissioner] and must show in a clear and conspicuous manner: |
|
(1) the date of issuance, effective date, and term of |
|
the license; |
|
(2) the name and address of the driver training school |
|
or course provider; |
|
(3) the authority for and conditions of approval; |
|
(4) the executive director's [commissioner's] |
|
signature; and |
|
(5) any other fair and reasonable representation that |
|
is consistent with this chapter and that the department |
|
[commissioner] considers necessary. |
|
SECTION 148. Section 1001.212, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.212. NOTICE OF DENIAL OF LICENSE. The department |
|
[commissioner] shall provide a person whose application for a |
|
license under this subchapter is denied a written statement of the |
|
reasons for the denial. |
|
SECTION 149. Sections 1001.213(c) and (d), Education Code, |
|
are amended to read as follows: |
|
(c) The commission may establish [Instead of the] fees in |
|
amounts that are different from the amounts established under |
|
[required by] Section 1001.151[, the fee] for a new driver |
|
education school or course provider license under Subsection (b) |
|
and [is $500, plus $200] for each branch location[,] if: |
|
(1) the new owner is substantially similar to the |
|
previous owner; and |
|
(2) there is no significant change in the management |
|
or control of the driver education school or course provider. |
|
(d) The department [commissioner] is not required to |
|
reinspect a school or a branch location after a change of ownership. |
|
SECTION 150. Section 1001.214, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.214. DUPLICATE LICENSE. A duplicate license may |
|
be issued to a driver training school or course provider if: |
|
(1) the original license is lost or destroyed; and |
|
(2) an affidavit of that fact is filed with the |
|
department [agency]. |
|
SECTION 151. Section 1001.251, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.251. LICENSE REQUIRED FOR INSTRUCTOR. (a) A |
|
person may not teach or provide driver education, either as an |
|
individual or in a driver education school, or conduct any phase of |
|
driver education, unless the person holds a driver education |
|
instructor license issued by the executive director [agency]. |
|
(b) A person may not teach or provide driving safety |
|
training, either as an individual or in a driving safety school, or |
|
conduct any phase of driving safety education, unless the person |
|
holds a driving safety instructor license issued by the executive |
|
director [agency]. This subsection does not apply to an instructor |
|
of a driving safety course that does not provide a uniform |
|
certificate of course completion to its graduates. |
|
SECTION 152. Sections 1001.2511(b), (c), (d), (e), and (f), |
|
Education Code, are amended to read as follows: |
|
(b) The department [agency] shall review the national |
|
criminal history record information of a person who holds a license |
|
described by Subsection (a). |
|
(c) The executive director [agency] shall place a license |
|
described by Subsection (a) on inactive status for the license |
|
holder's failure to comply with a deadline for submitting |
|
information required under this section. |
|
(d) The department [agency] may allow a person who is |
|
applying for a license described by Subsection (a) and who |
|
currently resides in another state to submit the person's |
|
fingerprints and other required information in a manner that does |
|
not impose an undue hardship on the person. |
|
(e) The commission [commissioner] may adopt rules to |
|
administer this section, including rules establishing: |
|
(1) deadlines for a person to submit fingerprints and |
|
photographs in compliance with this section; |
|
(2) sanctions for a person's failure to comply with the |
|
requirements of this section, including suspension or revocation of |
|
or refusal to issue a license described by Subsection (a); and |
|
(3) notification to a driver education school of |
|
relevant information obtained by the department [agency] under this |
|
section. |
|
(f) The department [agency] is not civilly or criminally |
|
liable for an action taken in compliance with this section. |
|
SECTION 153. Section 1001.2512, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.2512. FEES FOR CRIMINAL HISTORY RECORD |
|
INFORMATION REVIEW. The commission [commissioner] by rule shall |
|
require a person submitting to a national criminal history record |
|
information review under Section 1001.2511 or the driver education |
|
school employing the person, as determined by the department |
|
[agency], to pay a fee for the review in an amount not to exceed the |
|
amount of any fee imposed on an application for certification under |
|
Subchapter B, Chapter 21, for a national criminal history record |
|
information review under Section 22.0837. |
|
SECTION 154. Sections 1001.2514(a), (b), and (d), Education |
|
Code, are amended to read as follows: |
|
(a) A driver education school shall discharge or refuse to |
|
hire as an instructor an employee or applicant for employment if the |
|
department [agency] obtains information through a criminal history |
|
record information review that: |
|
(1) the employee or applicant has been convicted of: |
|
(A) a felony offense under Title 5, Penal Code; |
|
(B) an offense on conviction of which a defendant |
|
is required to register as a sex offender under Chapter 62, Code of |
|
Criminal Procedure; or |
|
(C) an offense under the laws of another state or |
|
federal law that is equivalent to an offense under Paragraph (A) or |
|
(B); and |
|
(2) at the time the offense occurred, the victim of the |
|
offense described by Subdivision (1) was under 18 years of age or |
|
was enrolled in a public school. |
|
(b) The executive director [agency] shall suspend or revoke |
|
a license described by Section 1001.2511(a) held by a person under |
|
this subchapter and shall refuse to issue or renew a license |
|
described by Section 1001.2511(a) to a person under this subchapter |
|
if the person has been convicted of an offense described by |
|
Subsection (a) of this section. |
|
(d) A driver education school may discharge an employee who |
|
serves as an instructor if the 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 school or |
|
the department [agency]. An employee discharged under this |
|
subsection is considered to have been discharged for misconduct for |
|
purposes of Section 207.044, Labor Code. |
|
SECTION 155. Section 1001.252, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.252. SIGNATURE AND SEAL ON LICENSE REQUIRED. A |
|
license under this subchapter must be signed by the executive |
|
director [commissioner]. |
|
SECTION 156. Sections 1001.253(a), (b), (c), (d), (e), and |
|
(f), Education Code, are amended to read as follows: |
|
(a) The department [commissioner] shall establish standards |
|
for certification of professional and paraprofessional personnel |
|
who conduct driver education programs in driver education schools. |
|
(b) A driver education instructor license authorizing a |
|
person to teach or provide behind-the-wheel training may not be |
|
issued unless the person has successfully completed six semester |
|
hours of driver and traffic safety education or a program of study |
|
in driver education approved by the department [commissioner] from |
|
an approved driver education school. |
|
(c) A person who holds a driver education instructor license |
|
authorizing behind-the-wheel training may not be approved to assist |
|
a classroom instructor in the classroom phase of driver education |
|
unless the person has successfully completed the three additional |
|
semester hours of training required for a classroom instructor or a |
|
program of study in driver education approved by the department |
|
[commissioner]. |
|
(d) Except as provided by Subsection (g) or Section |
|
1001.254, a driver education instructor license authorizing a |
|
person to teach or provide classroom training may not be issued |
|
unless the person: |
|
(1) has completed nine semester hours of driver and |
|
traffic safety education or a program of study in driver education |
|
approved by the department [commissioner] from an approved driver |
|
education school; and |
|
(2) holds a teaching certificate and any additional |
|
certification required to teach driver education. |
|
(e) A driver education instructor who has completed the |
|
educational requirements prescribed by Subsection (d)(1) may not |
|
teach instructor training classes unless the instructor has |
|
successfully completed a supervising instructor development |
|
program consisting of at least six additional semester hours or a |
|
program of study in driver education approved by the department |
|
[commissioner] that includes administering driver education |
|
programs and supervising and administering traffic safety |
|
education. |
|
(f) A driver education school may submit for department |
|
[agency] approval a curriculum for an instructor development |
|
program for driver education instructors. The program must: |
|
(1) be taught by a person who has completed a |
|
supervising instructor development program under Subsection (e); |
|
and |
|
(2) satisfy the requirements of this section for the |
|
particular program or type of training to be provided. |
|
SECTION 157. 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 of education [State Board for Educator
|
|
Certification] to revalidate the teaching certificate; and |
|
(4) demonstrates, in a manner prescribed by the |
|
department [commissioner], the intention to comply with the |
|
examination requirement at the first available opportunity. |
|
SECTION 158. Sections 1001.255(a), (b), and (c), Education |
|
Code, are amended to read as follows: |
|
(a) The department [agency] shall regulate as a driver |
|
education school a driver education instructor who: |
|
(1) teaches driver education courses in a county |
|
having a population of 50,000 or less; and |
|
(2) does not teach more than 200 students annually. |
|
(b) An instructor described by Subsection (a) must submit to |
|
the department [agency] an application for an initial or renewal |
|
driver education school license, together with all required |
|
documentation and information. |
|
(c) The department [commissioner] may waive initial or |
|
renewal driver education school license fees or the fee for a |
|
director or administrative staff member. |
|
SECTION 159. Section 1001.256, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.256. DUPLICATE LICENSE. A duplicate license may |
|
be issued to a driver education instructor or driving safety |
|
instructor if: |
|
(1) the original license is lost or destroyed; and |
|
(2) an affidavit of that fact is filed with the |
|
department [agency]. |
|
SECTION 160. Section 1001.257, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.257. DENIAL OF LICENSE. The executive director |
|
[commissioner] may not issue or renew a driver education instructor |
|
license, including a temporary license, to a person who has six or |
|
more points assigned to the person's driver's license under |
|
Subchapter B, Chapter 708, Transportation Code. |
|
SECTION 161. Section 1001.303, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.303. RENEWAL OF SCHOOL OR COURSE PROVIDER |
|
LICENSE. (a) To renew the license of a driver education school, |
|
driving safety school, or course provider, the school or course |
|
provider must submit to the department [commissioner] a complete |
|
application for renewal at least 30 days before the expiration date |
|
of the license. |
|
(b) A school or course provider that does not comply with |
|
Subsection (a) must, as a condition of renewal of the person's |
|
license, pay a late renewal fee. The late renewal fee is in |
|
addition to the annual renewal fee. The commission by rule shall |
|
establish a late renewal fee [must be in the amount established by
|
|
board rule of at least $100, subject to Subchapter D]. |
|
(c) The department [commissioner] may reexamine a driver |
|
education school's premises. |
|
(d) The executive director [commissioner] shall renew or |
|
cancel the driver education school, driving safety school, or |
|
course provider license. |
|
SECTION 162. Sections 1001.304(b) and (c), Education Code, |
|
are amended to read as follows: |
|
(b) The continuing education must be: |
|
(1) in courses approved by the department |
|
[commissioner]; and |
|
(2) for the number of hours established by the |
|
commission [commissioner]. |
|
(c) An applicant who does not comply with Subsection (a) |
|
must pay a late renewal fee in the amount established by commission |
|
rule [of $25]. |
|
SECTION 163. Sections 1001.351(a) and (b), Education Code, |
|
are amended to read as follows: |
|
(a) Not later than the 15th working day after the course |
|
completion date, a course provider or a person at the course |
|
provider's facilities shall issue and deliver by United States mail |
|
or commercial delivery a uniform certificate of course completion |
|
[by mail or commercial delivery] to a person who successfully |
|
completes an approved driving safety course. |
|
(b) A course provider shall electronically submit to the |
|
department [agency] in the manner established by the department |
|
[agency] data identified by the department [agency] relating to |
|
uniform certificates of course completion issued by the course |
|
provider. |
|
SECTION 164. Sections 1001.354(a) and (b), Education Code, |
|
are amended to read as follows: |
|
(a) A driving safety course may be taught at a driving |
|
safety school if the school is approved by the department [agency]. |
|
(b) A driving safety school may teach an approved driving |
|
safety course by an alternative method that does not require |
|
students to be present in a classroom if the department |
|
[commissioner] approves the alternative method. The department |
|
[commissioner] may approve the alternative method if: |
|
(1) the department [commissioner] determines that the |
|
approved driving safety course can be taught by the alternative |
|
method; and |
|
(2) the alternative method includes testing and |
|
security measures that are at least as secure as the measures |
|
available in the usual classroom setting. |
|
SECTION 165. Section 1001.3541, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.3541. ALTERNATIVE METHOD OF INSTRUCTION FOR |
|
DRIVER EDUCATION COURSE. (a) A driver education school may teach |
|
all or part of the classroom portion of an approved driver education |
|
course by an alternative method of instruction that does not |
|
require students to be present in a classroom if the department |
|
[commissioner] approves the alternative method. |
|
(b) The department [commissioner] may approve the |
|
alternative method only if: |
|
(1) the alternative method includes testing and |
|
security measures that the department [commissioner] determines |
|
are at least as secure as the measures available in the usual |
|
classroom setting; and |
|
(2) the course, with the use of the alternative |
|
method, satisfies any other requirement applicable to a course in |
|
which the classroom portion is taught to students in the usual |
|
classroom setting. |
|
SECTION 166. Sections 1001.404(b) and (c), Education Code, |
|
are amended to read as follows: |
|
(b) The department [commissioner] shall establish annually |
|
the rate of interest for a refund at a rate sufficient to provide a |
|
deterrent to the retention of student money. |
|
(c) The department [agency] may except a driver education |
|
school or course provider from the payment of interest if the school |
|
or course provider makes a good-faith effort to refund tuition, |
|
fees, and other charges but is unable to locate the student to whom |
|
the refund is owed. On request of the department [agency], the |
|
school or course provider shall document the effort to locate a |
|
student. |
|
SECTION 167. Sections 1001.451 and 1001.452, Education |
|
Code, are amended to read as follows: |
|
Sec. 1001.451. PROHIBITED PRACTICES. A person may not: |
|
(1) use advertising designed to mislead or deceive a |
|
prospective student; |
|
(2) fail to notify the department [commissioner] of |
|
the discontinuance of the operation of a driver training school |
|
before the fourth working day after the date of cessation of classes |
|
and make available accurate records as required by this chapter; |
|
(3) issue, sell, trade, or transfer: |
|
(A) a uniform certificate of course completion or |
|
driver education certificate to a person or driver training school |
|
not authorized to possess the certificate; |
|
(B) a uniform certificate of course completion to |
|
a person who has not successfully completed an approved, six-hour |
|
driving safety course; or |
|
(C) a driver education certificate to a person |
|
who has not successfully completed a department-approved |
|
[commissioner-approved] driver education course; |
|
(4) negotiate a promissory instrument received as |
|
payment of tuition or another charge before the student completes |
|
75 percent of the course, except that before that time the |
|
instrument may be assigned to a purchaser who becomes subject to any |
|
defense available against the school named as payee; or |
|
(5) conduct any part of an approved driver education |
|
course or driving safety course without having an instructor |
|
physically present in appropriate proximity to the student for the |
|
type of instruction being given. |
|
Sec. 1001.452. COURSE OF INSTRUCTION. A driver training |
|
school may not maintain, advertise, solicit for, or conduct a |
|
course of instruction in this state before the later of: |
|
(1) the 30th day after the date the school applies for |
|
a driver training school license; or |
|
(2) the date the school receives a driver training |
|
school license from the department [commissioner]. |
|
SECTION 168. Sections 1001.453(d) and (e), Education Code, |
|
are amended to read as follows: |
|
(d) Subchapter F, Chapter 51, Occupations Code, Section |
|
51.353, Occupations Code, and Sections [1001.454,] 1001.456(a) [,] |
|
and 1001.553 of this code do not apply to a violation of this |
|
section or a rule adopted under this section. |
|
(e) Section 51.352, Occupations Code, and Sections |
|
1001.455(a)(6), 1001.501, [1001.551, 1001.552,] and 1001.554 of |
|
this code do not apply to a violation of this section. |
|
SECTION 169. Section 1001.455, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.455. DENIAL, SUSPENSION, OR REVOCATION OF |
|
INSTRUCTOR LICENSE. (a) The executive director [agency] may deny |
|
an application for an instructor license or suspend or revoke the |
|
license of an instructor if the instructor: |
|
(1) fails to meet a requirement for issuance of or |
|
holding a license under this chapter; |
|
(2) permits fraud or engages in fraudulent practices |
|
relating to the application; |
|
(3) induces or countenances fraud or fraudulent |
|
practices on the part of an applicant for a driver's license or |
|
permit; |
|
(4) permits or engages in any other fraudulent |
|
practice in an action between the applicant or license holder and |
|
the public; |
|
(5) fails to comply with commission [agency] rules |
|
relating to driver instruction; or |
|
(6) fails to comply with this chapter. |
|
(b) Not later than the 10th day after the date of a denial, |
|
suspension, or revocation under this section, the department |
|
[agency] shall notify the applicant or license holder of that |
|
action by certified mail. |
|
SECTION 170. Section 1001.456, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.456. OTHER DISCIPLINARY ACTIONS. (a) If the |
|
executive director [agency] believes that a driver education school |
|
or instructor has violated this chapter or a rule adopted under this |
|
chapter, the executive director [agency] may, without notice: |
|
(1) order a peer review; |
|
(2) suspend the enrollment of students in the school |
|
or the offering of instruction by the instructor; or |
|
(3) suspend the right to purchase driver education |
|
certificates. |
|
(b) If the executive director [agency] believes that a |
|
course provider, driving safety school, or driving safety |
|
instructor has violated this chapter or a rule adopted under this |
|
chapter, the executive director [agency] may, without notice: |
|
(1) order a peer review of the course provider, |
|
driving safety school, or driving safety instructor; |
|
(2) suspend the enrollment of students in the school |
|
or the offering of instruction by the instructor; or |
|
(3) suspend the right to purchase course completion |
|
certificate numbers. |
|
(c) A peer review ordered under this section must be |
|
conducted by a team of knowledgeable persons selected by the |
|
department [agency]. The team shall provide the department |
|
[agency] with an objective assessment of the content of the |
|
school's or course provider's curriculum and its application. The |
|
school or course provider shall pay the costs of the peer review. |
|
(d) A suspension of enrollment under Subsection (a)(2) or |
|
(b)(2) means a ruling by the executive director [commissioner] that |
|
restricts a school from: |
|
(1) accepting enrollments or reenrollments; |
|
(2) advertising; |
|
(3) soliciting; or |
|
(4) directly or indirectly advising prospective |
|
students of its program or course offerings. |
|
SECTION 171. Section 1001.458, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.458. SURRENDER OF LICENSE. (a) A license holder |
|
whose license is suspended or revoked shall surrender the license |
|
to the department [agency] not later than the fifth day after the |
|
date of suspension or revocation. |
|
(b) The department [agency] may reinstate a suspended |
|
license on full compliance by the license holder with this chapter. |
|
SECTION 172. Section 1001.459, Education Code, is amended |
|
to read as follows: |
|
Sec. 1001.459. APPEAL AND REQUEST FOR HEARING. (a) A |
|
person aggrieved by a denial, suspension, or revocation of a |
|
license may appeal the action and request a hearing before the State |
|
Office of Administrative Hearings, which shall promptly set a |
|
hearing date and give written notice of the time and place of the |
|
hearing to the person. An administrative law judge of the State |
|
Office of Administrative Hearings shall conduct the hearing |
|
[commissioner]. |
|
(b) The administrative law judge shall make findings of fact |
|
and conclusions of law and promptly issue to the commission a |
|
proposal for a decision about the appealed action [request must be
|
|
submitted not later than the 15th day after the date the person
|
|
receives notice under Section 1001.455. On receipt of a request for
|
|
a hearing, the commissioner shall set a time and place for the
|
|
hearing and send notice of the time and place to the aggrieved
|
|
person]. |
|
SECTION 173. Sections 1001.553(a), (b), and (c), Education |
|
Code, are amended to read as follows: |
|
(a) After an opportunity for a hearing, the executive |
|
director or commission [commissioner] may impose an administrative |
|
penalty on a person who violates this chapter or a rule adopted |
|
under this chapter. |
|
(b) The amount of the penalty may not exceed $5,000 [$1,000] |
|
a day for each violation. |
|
(c) An administrative penalty under this section shall be |
|
imposed and collected as provided by Subchapter F, Chapter 51, |
|
Occupations Code. [The attorney general, at the request of the
|
|
agency, may bring an action to collect the penalty.] |
|
SECTION 174. Section 1001.555(b), Education Code, is |
|
amended to read as follows: |
|
(b) The department [agency] shall contract with the |
|
Department of Public Safety [department] to provide undercover and |
|
investigative assistance in the enforcement of Subsection (a). |
|
SECTION 175. Articles 15.27(a) and (l), Code of Criminal |
|
Procedure, are 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 |
|
head of the agency or a person designated by the head of 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 before the next school day, whichever is |
|
earlier. If the law enforcement agency cannot ascertain whether |
|
the individual is enrolled as a student, the head of the agency or a |
|
person designated by the head of 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 before the next school day, whichever is earlier. If |
|
the individual is a student, the superintendent or the |
|
superintendent's designee shall immediately 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 head of the law enforcement |
|
agency or the person designated by the head of the agency shall mail |
|
written notification, marked "PERSONAL and CONFIDENTIAL" on the |
|
mailing envelope, to the superintendent or the person designated by |
|
the superintendent. The written notification must include the |
|
facts contained in the oral notification, the name of the person who |
|
was orally notified, and the date and time of the oral notification. |
|
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 shall be |
|
considered by the superintendent or the superintendent's designee |
|
in making such a determination. |
|
(l) If a school district board of trustees learns of a |
|
failure by the superintendent of the district or a district |
|
principal to provide a notice required under Subsection (a), (a-1), |
|
or (b), the board of trustees shall report the failure to the |
|
commissioner of education [State Board for Educator
|
|
Certification]. If the governing body of a private primary or |
|
secondary school learns of a failure by the principal of the school |
|
to provide a notice required under Subsection (e), and the |
|
principal holds a certificate issued under Subchapter B, Chapter |
|
21, Education Code, the governing body shall report the failure to |
|
the commissioner of education [State Board for Educator
|
|
Certification]. |
|
SECTION 176. 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 |
|
commissioner of education [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 177. Article 45.0511(b), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(b) The judge shall require the defendant to successfully |
|
complete a driving safety course approved by the Texas Department |
|
of Licensing and Regulation [Education Agency] or a course under |
|
the motorcycle operator training and safety program approved by the |
|
designated state agency under Chapter 662, Transportation Code, if: |
|
(1) the defendant elects driving safety course or |
|
motorcycle operator training course dismissal under this article; |
|
(2) the defendant: |
|
(A) has not completed an approved driving safety |
|
course or motorcycle operator training course, as appropriate, |
|
within the 12 months preceding the date of the offense; or |
|
(B) does not have a valid Texas driver's license |
|
or permit, is a member, or the spouse or dependent child of a |
|
member, of the United States military forces serving on active |
|
duty, and has not completed a driving safety course or motorcycle |
|
operator training course, as appropriate, in another state within |
|
the 12 months preceding the date of the offense; |
|
(3) the defendant enters a plea under Article 45.021 |
|
in person or in writing of no contest or guilty on or before the |
|
answer date on the notice to appear and: |
|
(A) presents in person or by counsel to the court |
|
a request to take a course; or |
|
(B) sends to the court by certified mail, return |
|
receipt requested, postmarked on or before the answer date on the |
|
notice to appear, a written request to take a course; |
|
(4) the defendant: |
|
(A) has a valid Texas driver's license or permit; |
|
or |
|
(B) is a member, or the spouse or dependent child |
|
of a member, of the United States military forces serving on active |
|
duty; |
|
(5) the defendant is charged with an offense to which |
|
this article applies, other than speeding at a speed of: |
|
(A) 95 miles per hour or more; or |
|
(B) 25 miles per hour or more over the posted |
|
speed limit; and |
|
(6) the defendant provides evidence of financial |
|
responsibility as required by Chapter 601, Transportation Code. |
|
SECTION 178. Sections 261.308(d) and (e), Family Code, are |
|
amended to read as follows: |
|
(d) The department shall release information regarding a |
|
person alleged to have committed abuse or neglect to persons who |
|
have control over the person's access to children, including, as |
|
appropriate, the Texas Education Agency, [the State Board for
|
|
Educator Certification,] the local school board or the school's |
|
governing body, the superintendent of the school district, or the |
|
school principal or director if the department determines that: |
|
(1) the person alleged to have committed abuse or |
|
neglect poses a substantial and immediate risk of harm to one or |
|
more children outside the family of a child who is the subject of |
|
the investigation; and |
|
(2) the release of the information is necessary to |
|
assist in protecting one or more children from the person alleged to |
|
have committed abuse or neglect. |
|
(e) On request, the department shall release information |
|
about a person alleged to have committed abuse or neglect to the |
|
commissioner of education [State Board for Educator Certification] |
|
if the commissioner [board] has a reasonable basis for believing |
|
that the information is necessary to assist the commissioner |
|
[board] in protecting children from the person alleged to have |
|
committed abuse or neglect. |
|
SECTION 179. Section 261.406(b), Family Code, is amended to |
|
read as follows: |
|
(b) The department shall send a copy of the completed report |
|
of the department's investigation to the Texas Education Agency, |
|
[the State Board for Educator Certification,] the local school |
|
board or the school's governing body, the superintendent of the |
|
school district, and the school principal or director, unless the |
|
principal or director is alleged to have committed the abuse or |
|
neglect, for appropriate action. On request, the department shall |
|
provide a copy of the report of investigation to the parent, |
|
managing conservator, or legal guardian of a child who is the |
|
subject of the investigation and to the person alleged to have |
|
committed the abuse or neglect. The report of investigation shall |
|
be edited to protect the identity of the persons who made the report |
|
of abuse or neglect. Other than the persons authorized by the |
|
section to receive a copy of the report, Section 261.201(b) applies |
|
to the release of the report relating to the investigation of abuse |
|
or neglect under this section and to the identity of the person who |
|
made the report of abuse or neglect. |
|
SECTION 180. Section 411.081(i), Government Code, is |
|
amended to read as follows: |
|
(i) A criminal justice agency may disclose criminal history |
|
record information that is the subject of an order of nondisclosure |
|
under Subsection (d) to the following noncriminal justice agencies |
|
or entities only: |
|
(1) [the State Board for Educator Certification;
|
|
[(2)] a school district, charter school, private |
|
school, regional education service center, commercial |
|
transportation company, or education shared service arrangement; |
|
(2) [(3)] the Texas Medical Board; |
|
(3) [(4)] the Texas School for the Blind and Visually |
|
Impaired; |
|
(4) [(5)] the Board of Law Examiners; |
|
(5) [(6)] the State Bar of Texas; |
|
(6) [(7)] a district court regarding a petition for |
|
name change under Subchapter B, Chapter 45, Family Code; |
|
(7) [(8)] the Texas School for the Deaf; |
|
(8) [(9)] the Department of Family and Protective |
|
Services; |
|
(9) [(10)] the Texas Juvenile Justice Department |
|
[Youth Commission]; |
|
(10) [(11)] the Department of Assistive and |
|
Rehabilitative Services; |
|
(11) [(12)] the Department of State Health Services, a |
|
local mental health service, a local mental retardation authority, |
|
or a community center providing services to persons with mental |
|
illness or retardation; |
|
(12) [(13)] the Texas Private Security Board; |
|
(13) [(14)] a municipal or volunteer fire department; |
|
(14) [(15)] the Texas Board of Nursing; |
|
(15) [(16)] a safe house providing shelter to children |
|
in harmful situations; |
|
(16) [(17)] a public or nonprofit hospital or hospital |
|
district; |
|
(17) [(18) the Texas Juvenile Probation Commission;
|
|
[(19)] the securities commissioner, the banking |
|
commissioner, the savings and mortgage lending commissioner, the |
|
consumer credit commissioner, or the credit union commissioner; |
|
(18) [(20)] the Texas State Board of Public |
|
Accountancy; |
|
(19) [(21)] the Texas Department of Licensing and |
|
Regulation; |
|
(20) [(22)] the Health and Human Services Commission; |
|
(21) [(23)] the Department of Aging and Disability |
|
Services; |
|
(22) [(24)] the Texas Education Agency; |
|
(23) [(25)] the Guardianship Certification Board; |
|
(24) [(26)] a county clerk's office in relation to a |
|
proceeding for the appointment of a guardian under Chapter XIII, |
|
Texas Probate Code; |
|
(25) [(27)] the Department of Information Resources |
|
but only regarding an employee, applicant for employment, |
|
contractor, subcontractor, intern, or volunteer who provides |
|
network security services under Chapter 2059 to: |
|
(A) the Department of Information Resources; or |
|
(B) a contractor or subcontractor of the |
|
Department of Information Resources; |
|
(26) [(28)] the Court Reporters Certification Board; |
|
(27) [(29)] the Texas Department of Insurance; and |
|
(28) [(30)] the Teacher Retirement System of Texas. |
|
SECTION 181. Section 411.0901, Government Code, is amended |
|
to read as follows: |
|
Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education |
|
Agency is entitled to obtain criminal history record information |
|
maintained by the department about a person who: |
|
(1) has applied to the commissioner of education for a |
|
certificate under Subchapter B, Chapter 21, Education Code; |
|
(2) is employed or is an applicant for employment by a |
|
school district or open-enrollment charter school; |
|
(3) [(2)] is employed or is an applicant for |
|
employment by a shared services arrangement, if the employee's or |
|
applicant's duties are or will be performed on school property or at |
|
another location where students are regularly present; or |
|
(4) [(3)] is employed or is an applicant for |
|
employment by an entity that contracts with a school district, |
|
open-enrollment charter school, or shared services arrangement if: |
|
(A) the employee or applicant has or will have |
|
continuing duties relating to the contracted services; and |
|
(B) the employee or applicant has or will have |
|
direct contact with students. |
|
(b) Criminal history record information obtained by the |
|
agency in the original form or any subsequent form: |
|
(1) may be used only for a purpose authorized by the |
|
Education Code; |
|
(2) may not be released to any person except: |
|
(A) the person who is the subject of the |
|
information; |
|
(B) [the State Board for Educator Certification;
|
|
[(C)] a local or regional educational entity as |
|
provided by Section 411.097; or |
|
(C) [(D)] by court order; |
|
(3) is not subject to disclosure as provided by |
|
Chapter 552; and |
|
(4) shall be destroyed by the agency after the |
|
information is used for the authorized purposes. |
|
(c) The department shall notify the agency of the arrest of |
|
any educator, as defined by Section 5.001, Education Code, who has |
|
fingerprints on file with the department. Any record of the |
|
notification and any information contained in the notification are |
|
not subject to disclosure as provided by Chapter 552. |
|
SECTION 182. 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 |
|
in the original form or any subsequent form: |
|
(1) may not be released to any person except: |
|
(A) the individual who is the subject of the |
|
information; |
|
(B) the Texas Education Agency; |
|
(C) [the State Board for Educator Certification;
|
|
[(D)] the chief personnel officer of the |
|
transportation company, if the information is obtained under |
|
Subsection (a)(2); or |
|
(D) [(E)] by court order; |
|
(2) is not subject to disclosure as provided by |
|
Chapter 552; and |
|
(3) shall be destroyed by the school district, charter |
|
school, private school, service center, commercial transportation |
|
company, or shared services arrangement on the earlier of: |
|
(A) the first anniversary of the date the |
|
information was originally obtained; or |
|
(B) the date the information is used for the |
|
authorized purpose. |
|
SECTION 183. 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,] and the |
|
Texas School for the Deaf. |
|
SECTION 184. 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 185. 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 commissioner of education [State Board for
|
|
Educator Certification], the commissioner [State Board for
|
|
Educator Certification] may 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 Texas Education |
|
Agency [State Board for Educator Certification] or the commissioner |
|
of education [its executive director]. |
|
SECTION 186. Section 2054.352(a), Government Code, is |
|
amended to read as follows: |
|
(a) The following licensing entities shall participate in |
|
the system established under Section 2054.353: |
|
(1) Texas Board of Chiropractic Examiners; |
|
(2) Court Reporters Certification Board; |
|
(3) State Board of Dental Examiners; |
|
(4) Texas Funeral Service Commission; |
|
(5) Texas Board of Professional Land Surveying; |
|
(6) Texas Medical Board; |
|
(7) Texas Board of Nursing; |
|
(8) Texas Optometry Board; |
|
(9) Department of Agriculture, for licenses issued |
|
under Chapter 1951, Occupations Code; |
|
(10) Texas State Board of Pharmacy; |
|
(11) Executive Council of Physical Therapy and |
|
Occupational Therapy Examiners; |
|
(12) Texas State Board of Plumbing Examiners; |
|
(13) Texas State Board of Podiatric Medical Examiners; |
|
(14) Texas State Board of Examiners of Psychologists; |
|
(15) State Board of Veterinary Medical Examiners; |
|
(16) Texas Real Estate Commission; |
|
(17) Texas Appraiser Licensing and Certification |
|
Board; |
|
(18) Texas Department of Licensing and Regulation; |
|
(19) Texas State Board of Public Accountancy; |
|
(20) commissioner of education, for certificates |
|
issued under Subchapter B, Chapter 21, Education Code [State Board
|
|
for Educator Certification]; |
|
(21) Texas Board of Professional Engineers; |
|
(22) Department of State Health Services; |
|
(23) Texas Board of Architectural Examiners; |
|
(24) Texas Racing Commission; |
|
(25) Commission on Law Enforcement Officer Standards |
|
and Education; and |
|
(26) Texas Private Security Board. |
|
SECTION 187. Section 48.102(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) The department shall send a written report of the |
|
department's investigation of alleged abuse, neglect, or |
|
exploitation of a disabled adult at a school, as appropriate, to the |
|
Texas Education Agency, [the agency responsible for teacher
|
|
certification,] the local school board or the school's governing |
|
body, and the school principal or director, unless the principal or |
|
director is alleged to have committed the abuse, neglect, or |
|
exploitation. The entity to which the report is sent shall take |
|
appropriate action. |
|
SECTION 188. Subtitle B, Title 4, Labor Code, is amended by |
|
adding Chapter 315 to read as follows: |
|
CHAPTER 315. ADULT EDUCATION PROGRAMS |
|
Sec. 315.001. DEFINITIONS. In this chapter: |
|
(1) "Adult" means any individual who is over the age of |
|
compulsory school attendance prescribed by Section 25.085, |
|
Education Code. |
|
(2) "Adult education" means services and instruction |
|
provided below the college level for adults by public local |
|
education agencies, public nonprofit agencies, or community-based |
|
organizations. |
|
(3) "Community-based organization" has the meaning |
|
assigned by 20 U.S.C. Section 7801. |
|
Sec. 315.002. COMMISSION DUTIES. (a) The commission |
|
shall: |
|
(1) provide adequate staffing to develop, administer, |
|
and support a comprehensive statewide adult education program and |
|
coordinate related federal and state programs for the education and |
|
training of adults; |
|
(2) develop the mechanism and guidelines for the |
|
coordination of comprehensive adult education and related skill |
|
training services for adults with other entities, including public |
|
agencies and private organizations, in planning, developing, and |
|
implementing related programs; |
|
(3) administer all state and federal funds for adult |
|
education and related skill training services in this state, other |
|
than funds that another entity is specifically authorized to |
|
administer under other law; |
|
(4) prescribe and administer standards and |
|
accrediting policies for adult education; |
|
(5) prescribe and administer rules for teacher |
|
certification for adult education; |
|
(6) accept and administer grants, gifts, services, and |
|
funds from available sources for use in adult education; |
|
(7) adopt or develop and administer a standardized |
|
assessment mechanism for assessing all adult education program |
|
participants who need literacy instruction, adult basic education, |
|
or secondary education leading to an adult high school diploma or |
|
the equivalent; |
|
(8) monitor and evaluate educational and employment |
|
outcomes of students who participate in the commission's adult |
|
education and literacy programs; and |
|
(9) collaborate with the Texas Education Agency to |
|
improve the coordination and implementation of adult education and |
|
literacy services in this state. |
|
(b) The assessment mechanism prescribed by Subsection |
|
(a)(7) must include an initial basic skills screening instrument |
|
and must provide comprehensive information concerning baseline |
|
student skills before and student progress after participation in |
|
an adult education program. |
|
(c) The commission may adopt rules for the administration of |
|
this chapter. |
|
Sec. 315.003. PROVISION OF ADULT EDUCATION PROGRAMS. Adult |
|
education programs must be provided by public school districts, |
|
public junior colleges, public universities, public nonprofit |
|
agencies, and community-based organizations approved in accordance |
|
with state statutes and rules adopted by the commission. The |
|
programs must be designed to meet the education and training needs |
|
of adults to the extent possible using available public and private |
|
resources. Bilingual education may be used to instruct students |
|
who do not function satisfactorily in English whenever it is |
|
appropriate for those students' optimum development. |
|
Sec. 315.004. ADULT EDUCATION ASSESSMENT. The commission |
|
shall, in consultation with the Texas Higher Education Coordinating |
|
Board, review the standardized assessment mechanism required under |
|
Section 315.002(a)(7) and recommend any changes necessary to align |
|
the assessment with the assessments designated under Section |
|
51.3062, Education Code, to allow for the proper placement of a |
|
student in an adult basic education course or to provide the student |
|
with the proper developmental or English as a second language |
|
course work, as appropriate. |
|
Sec. 315.005. ADULT EDUCATION ADVISORY COMMITTEE. (a) In |
|
this section, "advisory committee" means the adult education |
|
advisory committee created under this section. |
|
(b) The commission shall establish an adult education |
|
advisory committee composed of not more than seven members |
|
appointed by the commission. Members of the advisory committee |
|
must have expertise in the field of adult education and may include |
|
adult educators, providers, advocates, and current or former adult |
|
education program students. |
|
(c) The advisory committee shall advise the commission on: |
|
(1) the development of policies and program priorities |
|
that support the development of an educated and skilled workforce |
|
in this state; and |
|
(2) any other issue the commission considers |
|
appropriate. |
|
Sec. 315.006. STATE FUNDING. (a) Funds shall be |
|
appropriated to implement statewide adult basic education, adult |
|
bilingual education, high school equivalency, and high school |
|
credit programs to eliminate illiteracy in this state and to |
|
implement and support a statewide program to meet the total range of |
|
adult needs for adult education and related skill training. The |
|
commission shall ensure that public local education agencies, |
|
public nonprofit agencies, and community-based organizations have |
|
direct and equitable access to those funds. |
|
(b) In addition to any amount appropriated under Subsection |
|
(a), the legislature may appropriate an additional amount to the |
|
commission for the purpose of skill training in direct support of |
|
industrial expansion and new business development in locations, |
|
industries, and occupations designated by the commission, if the |
|
training supports the basic purposes of this chapter. To support |
|
the basic purposes of this chapter, the legislature may also |
|
appropriate an additional amount to the commission for skill |
|
training that is conducted to support the expansion of civilian |
|
employment opportunities on United States military reservations. |
|
Sec. 315.007. SERVICE PROVIDER CONTRACTS: COMPETITIVE |
|
PROCUREMENT REQUIREMENT. (a) The commission shall use a |
|
competitive procurement process to award a contract to a service |
|
provider of an adult education program. |
|
(b) The commission shall adopt rules to administer this |
|
section. |
|
SECTION 189. Section 302.062(g), Labor Code, is amended to |
|
read as follows: |
|
(g) Block grant funding under this section does not apply |
|
to: |
|
(1) the work and family policies program under Chapter |
|
81; |
|
(2) a program under the skills development fund |
|
created under Chapter 303; |
|
(3) the job counseling program for displaced |
|
homemakers under Chapter 304; |
|
(4) the Communities In Schools program under |
|
Subchapter E, Chapter 33, Education Code, to the extent that funds |
|
are available to the commission for that program; |
|
(5) the reintegration of offenders program under |
|
Chapter 306; |
|
(6) apprenticeship programs under Chapter 133, |
|
Education Code; |
|
(7) the continuity of care program under Section |
|
501.095, Government Code; |
|
(8) employment programs under Chapter 31, Human |
|
Resources Code; |
|
(9) the senior citizens employment program under |
|
Chapter 101, Human Resources Code; |
|
(10) the programs described by Section 302.021(b)(2); |
|
(11) the community service program under the National |
|
and Community Service Act of 1990 (42 U.S.C. Section 12501 et seq.); |
|
(12) the trade adjustment assistance program under |
|
Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et |
|
seq.); |
|
(13) the programs to enhance the employment |
|
opportunities of veterans; [and] |
|
(14) the functions of the State Occupational |
|
Information Coordinating Committee; and |
|
(15) the adult education program under Chapter 315. |
|
SECTION 190. Section 504.002(b), Occupations Code, is |
|
amended to read as follows: |
|
(b) This chapter does not apply to an activity or service of |
|
a person who: |
|
(1) is employed as a counselor by a federal |
|
institution and is providing chemical dependency counseling within |
|
the scope of the person's employment; |
|
(2) except as provided by Section 504.1515, 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; |
|
(7) is a school counselor certified by the |
|
commissioner of education [State Board for Educator
|
|
Certification]; or |
|
(8) provides chemical dependency counseling through a |
|
program or in a facility that receives funding from the Texas |
|
Department of Criminal Justice and who is credentialed as: |
|
(A) a certified criminal justice addictions |
|
professional by the International Certification and Reciprocity |
|
Consortium; or |
|
(B) having certified criminal justice |
|
professional applicant status issued by the Texas Certification |
|
Board of Addiction Professionals. |
|
SECTION 191. Section 501.004(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) This chapter does not apply to: |
|
(1) a trailer or semitrailer used only for the |
|
transportation of farm products if the products are not transported |
|
for hire; |
|
(2) the filing or recording of a lien that is created |
|
only on an automobile accessory, including a tire, radio, or |
|
heater; |
|
(3) a motor vehicle while it is owned or operated by |
|
the United States; or |
|
(4) a new motor vehicle on loan to a political |
|
subdivision of the state for use only in a driver education course |
|
approved by the Texas Department of Licensing and Regulation |
|
[Central Education Agency]. |
|
SECTION 192. Section 521.1601, Transportation Code, as |
|
added by Chapter 1253 (H.B. 339), Acts of the 81st Legislature, |
|
Regular Session, 2009, is amended to read as follows: |
|
Sec. 521.1601. DRIVER EDUCATION REQUIRED. The department |
|
may not issue a driver's license to a person who is younger than 21 |
|
years of age unless the person submits to the department a driver |
|
education certificate issued under Chapter 1001, Education Code, |
|
that states that the person has completed and passed: |
|
(1) a driver education and traffic safety course |
|
approved by the Texas Department of Licensing and Regulation |
|
[Education Agency] under Section 29.902, Education Code, or a |
|
driver education course approved by the Texas Department of |
|
Licensing and Regulation [that agency] under Section 1001.101 of |
|
that code or approved by the department under Section 521.205; or |
|
(2) if the person is 18 years of age or older, a driver |
|
education course approved by the Texas Department of Licensing and |
|
Regulation [Education Agency] under Section 1001.101 or 1001.1015, |
|
Education Code. |
|
SECTION 193. Section 521.1601, Transportation Code, as |
|
added by Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, |
|
Regular Session, 2009, is amended to read as follows: |
|
Sec. 521.1601. DRIVER EDUCATION REQUIRED. The department |
|
may not issue a driver's license to a person who is younger than 25 |
|
years of age unless the person submits to the department a driver |
|
education certificate issued under Chapter 1001, Education Code, |
|
that states that the person has completed and passed: |
|
(1) a driver education and traffic safety course |
|
approved by the Texas Department of Licensing and Regulation |
|
[Education Agency] under Section 29.902, Education Code, or a |
|
driver education course approved by the Texas Department of |
|
Licensing and Regulation [that agency] under Section 1001.101 |
|
[1001.101(a)(1)] of that code or approved by the department under |
|
Section 521.205; or |
|
(2) if the person is 18 years of age or older, a driver |
|
education course approved by the Texas Department of Licensing and |
|
Regulation [Education Agency] under Section 1001.101 or 1001.1015 |
|
[Section 1001.101(a)(1) or (2)], Education Code. |
|
SECTION 194. Section 521.1655(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A driver education school licensed under Chapter 1001, |
|
Education Code, [the Texas Driver and Traffic Safety Education Act
|
|
(Article 4413(29c), Vernon's Texas Civil Statutes)] may administer |
|
to a student of that school the vision, highway sign, and traffic |
|
law parts of the examination required by Section 521.161. |
|
SECTION 195. Section 521.167, Transportation Code, as added |
|
by Chapter 1253 (H.B. 339), Acts of the 81st Legislature, Regular |
|
Session, 2009, is amended to read as follows: |
|
Sec. 521.167. WAIVER OF CERTAIN EDUCATION AND EXAMINATION |
|
REQUIREMENTS. A person who has completed and passed a driver |
|
education course approved by the Texas Department of Licensing and |
|
Regulation [Education Agency] under Section 1001.1015, Education |
|
Code, is not required to take the highway sign and traffic law parts |
|
of the examination required under Section 521.161 if those parts |
|
have been successfully completed as determined by a licensed driver |
|
education instructor. |
|
SECTION 196. Section 521.203, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 521.203. RESTRICTIONS ON CLASS A AND B LICENSES. The |
|
department may not issue a Class A or Class B driver's license to a |
|
person who: |
|
(1) is under 17 years of age; |
|
(2) is under 18 years of age unless the person has |
|
completed a driver training course approved by the Texas Department |
|
of Licensing and Regulation [Central Education Agency]; or |
|
(3) has not provided the department with an affidavit, |
|
on a form prescribed by the department, that states that no vehicle |
|
that the person will drive that requires a Class A or Class B |
|
license is a commercial motor vehicle as defined by Section |
|
522.003. |
|
SECTION 197. Section 521.204(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The department may issue a Class C driver's license to |
|
an applicant under 18 years of age only if the applicant: |
|
(1) is 16 years of age or older; |
|
(2) has submitted to the department a driver education |
|
certificate issued under Section 1001.055, Education Code, that |
|
states that the person has completed and passed a driver education |
|
course approved by the department under Section 521.205 or by the |
|
Texas Department of Licensing and Regulation [Education Agency]; |
|
(3) has obtained a high school diploma or its |
|
equivalent or is a student: |
|
(A) enrolled in a public school, home school, or |
|
private school who attended school for at least 80 days in the fall |
|
or spring semester preceding the date of the driver's license |
|
application; or |
|
(B) who has been enrolled for at least 45 days, |
|
and is enrolled as of the date of the application, in a program to |
|
prepare persons to pass the high school equivalency exam; |
|
(4) has submitted to the department written parental |
|
or guardian permission: |
|
(A) for the department to access the applicant's |
|
school enrollment records maintained by the Texas Education Agency; |
|
and |
|
(B) for a school administrator or law enforcement |
|
officer to notify the department in the event that the person has |
|
been absent from school for at least 20 consecutive instructional |
|
days; and |
|
(5) has passed the examination required by Section |
|
521.161. |
|
SECTION 198. Sections 521.205(b) and (d), Transportation |
|
Code, are amended to read as follows: |
|
(b) The department may not approve a course unless it |
|
determines that the course materials are at least equal to those |
|
required in a course approved by the Texas Department of Licensing |
|
and Regulation [Education Agency], except that the department may |
|
not require that: |
|
(1) the classroom instruction be provided in a room |
|
with particular characteristics or equipment; or |
|
(2) the vehicle used for the behind-the-wheel |
|
instruction have equipment other than the equipment otherwise |
|
required by law for operation of the vehicle on a highway while the |
|
vehicle is not being used for driver training. |
|
(d) Completion of a driver education course approved under |
|
this section has the same effect under this chapter as completion of |
|
a driver education course approved by the Texas Department of |
|
Licensing and Regulation [Education Agency]. |
|
SECTION 199. Sections 521.222(a) and (c), Transportation |
|
Code, are amended to read as follows: |
|
(a) The department or a driver education school licensed |
|
under Chapter 1001, Education Code, [the Texas Driver and Traffic
|
|
Safety Education Act (Article 4413(29c), Vernon's Texas Civil
|
|
Statutes)] may issue an instruction permit, including a Class A or |
|
Class B driver's license instruction permit, to a person who: |
|
(1) is 15 years of age or older but under 18 years of |
|
age; |
|
(2) has satisfactorily completed and passed the |
|
classroom phase of an approved driver education course, which may |
|
be a course approved under Section 521.205; |
|
(3) meets the requirements imposed under Section |
|
521.204(a)(3) [521.204(3)]; and |
|
(4) has passed each examination required under Section |
|
521.161 other than the driving test. |
|
(c) A driver education school may issue an instruction |
|
permit to a person 18 years of age or older who has successfully |
|
passed: |
|
(1) a six-hour adult classroom driver education course |
|
approved by the Texas Department of Licensing and Regulation |
|
[Education Agency]; and |
|
(2) each part of the driver's examination required by |
|
Section 521.161 other than the driving test. |
|
SECTION 200. Sections 543.111 and 543.112, Transportation |
|
Code, are amended to read as follows: |
|
Sec. 543.111. REGULATION BY CERTAIN STATE AGENCIES. (a) |
|
The Texas Commission of Licensing and Regulation [State Board of
|
|
Education] shall enter into a memorandum of understanding with the |
|
Texas Department of Insurance for the interagency development of a |
|
curriculum for driving safety courses. |
|
(b) The Texas Commission of Licensing and Regulation and |
|
Texas Department of Licensing and Regulation, as appropriate, |
|
[Education Agency] shall: |
|
(1) adopt and administer comprehensive rules |
|
governing driving safety courses; and |
|
(2) investigate options to develop and implement |
|
procedures to electronically transmit information pertaining to |
|
driving safety courses to municipal and justice courts. |
|
Sec. 543.112. STANDARDS FOR UNIFORM CERTIFICATE OF COURSE |
|
COMPLETION. (a) The Texas Commission of Licensing and Regulation |
|
[Education Agency] by rule shall provide for the design and |
|
distribution of uniform certificates of course completion so as to |
|
prevent to the greatest extent possible the unauthorized production |
|
or misuse of the certificates. |
|
(b) The uniform certificate of course completion must |
|
include an identifying number by which the Texas Department of |
|
Licensing and Regulation [Education Agency], the court, or the |
|
department may verify its authenticity with the course provider and |
|
must be in a form adopted by the Texas Department of Licensing and |
|
Regulation [Education Agency]. |
|
(c) The Texas Department of Licensing and Regulation |
|
[Education Agency] shall issue duplicate uniform certificates of |
|
course completion. The Texas Commission of Licensing and |
|
Regulation [State Board of Education] by rule shall determine the |
|
amount of the fee to be charged for issuance of a duplicate |
|
certificate. |
|
(d) A driving safety course provider shall electronically |
|
submit data identified by the Texas Department of Licensing and |
|
Regulation [Education Agency] pertaining to issued uniform |
|
certificates of course completion to the Texas Department of |
|
Licensing and Regulation [agency] as directed by the Texas |
|
Department of Licensing and Regulation [agency]. |
|
SECTION 201. Sections 543.113(a) and (c), Transportation |
|
Code, are amended to read as follows: |
|
(a) The Texas Department of Licensing and Regulation |
|
[Education Agency] shall print the uniform certificates and supply |
|
them to persons who are licensed providers of courses approved |
|
under Chapter 1001, Education Code [the Texas Driver and Traffic
|
|
Safety Education Act (Article 4413(29c), Vernon's Texas Civil
|
|
Statutes)]. The Texas Commission of Licensing and Regulation by |
|
rule shall establish [Agency may charge] a fee for each |
|
certificate. [The fee may not exceed $4.] |
|
(c) Money collected by the Texas Department of Licensing and |
|
Regulation [Education Agency] under this section may be used only |
|
to pay monetary awards for information relating to abuse of uniform |
|
certificates that leads to the conviction or removal of an |
|
approval, license, or authorization. |
|
SECTION 202. Section 543.114(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) A person may not distribute written information to |
|
advertise a provider of a driving safety course within 500 feet of a |
|
court having jurisdiction over an offense to which this subchapter |
|
applies. A violation of this section by a provider or a provider's |
|
agent, employee, or representative results in loss of the |
|
provider's status as a provider of a course approved under Chapter |
|
1001, Education Code [the Texas Driver and Safety Education Act
|
|
(Article 4413(29c), Vernon's Texas Civil Statutes)]. |
|
SECTION 203. Section 545.412(g), Transportation Code, is |
|
amended to read as follows: |
|
(g) A judge, acting under Article 45.0511, Code of Criminal |
|
Procedure, who elects to defer further proceedings and to place a |
|
defendant accused of a violation of this section on probation under |
|
that article, in lieu of requiring the defendant to complete a |
|
driving safety course approved by the Texas Department of Licensing |
|
and Regulation [Education Agency], shall require the defendant to |
|
attend and present proof that the defendant has successfully |
|
completed a specialized driving safety course approved by the Texas |
|
Department of Licensing and Regulation [Education Agency] under |
|
Chapter 1001, Education Code, [the Texas Driver and Traffic Safety
|
|
Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)] |
|
that includes four hours of instruction that encourages the use of |
|
child passenger safety seat systems and the wearing of seat belts |
|
and emphasizes: |
|
(1) the effectiveness of child passenger safety seat |
|
systems and seat belts in reducing the harm to children being |
|
transported in motor vehicles; and |
|
(2) the requirements of this section and the penalty |
|
for noncompliance. |
|
SECTION 204. Section 545.413(i), Transportation Code, is |
|
amended to read as follows: |
|
(i) A judge, acting under Article 45.0511, Code of Criminal |
|
Procedure, who elects to defer further proceedings and to place a |
|
defendant accused of a violation of Subsection (b) on probation |
|
under that article, in lieu of requiring the defendant to complete a |
|
driving safety course approved by the Texas Department of Licensing |
|
and Regulation [Education Agency], shall require the defendant to |
|
attend and present proof that the defendant has successfully |
|
completed a specialized driving safety course approved by the Texas |
|
Department of Licensing and Regulation [Education Agency] under |
|
Chapter 1001, Education Code, [the Texas Driver and Traffic Safety
|
|
Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)] |
|
that includes four hours of instruction that encourages the use of |
|
child passenger safety seat systems and the wearing of seat belts |
|
and emphasizes: |
|
(1) the effectiveness of child passenger safety seat |
|
systems and seat belts in reducing the harm to children being |
|
transported in motor vehicles; and |
|
(2) the requirements of this section and the penalty |
|
for noncompliance. |
|
SECTION 205. (a) The following provisions of the Education |
|
Code are repealed: |
|
(1) Section 7.009; |
|
(2) Sections 7.021(b) and (c); |
|
(3) Sections 7.055(b)(1), (2), (3), (4), (5), (6), |
|
(7), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), |
|
(20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), |
|
(31), (32), (34), (35), (36), (37), (38), (39), and (41); |
|
(4) Section 7.055(c); |
|
(5) Section 7.102(c)(16); |
|
(6) Section 11.201(c); |
|
(7) Section 11.254; |
|
(8) Section 12.1055(b); |
|
(9) Section 12.107(b); |
|
(10) Section 12.115(b); |
|
(11) Section 13.052; |
|
(12) Section 21.007(a); |
|
(13) Sections 21.032, 21.033, 21.034, 21.035, 21.036, |
|
21.037, and 21.038; |
|
(14) Section 21.041(a); |
|
(15) Sections 21.042 and 21.043; |
|
(16) Sections 21.254(c) and (d); |
|
(17) Section 21.4541; |
|
(18) Section 22.0831(a); |
|
(19) Section 25.001(e); |
|
(20) Sections 29.095, 29.096, 29.097, 29.098, and |
|
29.099; |
|
(21) Sections 29.251(1), (2), and (3); |
|
(22) Sections 29.253, 29.2531, 29.2535, and 29.254; |
|
(23) Section 29.917; |
|
(24) Section 34.015; |
|
(25) Section 38.104; |
|
(26) Section 39.037(g); |
|
(27) Section 39.0822; |
|
(28) Sections 39.0823(b) and (c); |
|
(29) Section 39.203(c); |
|
(30) Section 39.204; |
|
(31) the heading to Subchapter M, Chapter 39; |
|
(32) Sections 39.401, 39.402, 39.403, 39.404, 39.405, |
|
39.406, 39.407, 39.408, 39.410, 39.411, 39.412, 39.414, 39.415, and |
|
39.416; |
|
(33) Sections 42.152(q), (q-1), (q-2), (q-3), (q-4), |
|
and (r); |
|
(34) Section 45.208(e); |
|
(35) Section 1001.001(1); |
|
(36) Section 1001.006; |
|
(37) Section 1001.454; |
|
(38) Sections 1001.460 and 1001.461; and |
|
(39) Sections 1001.551 and 1001.552. |
|
(b) Section 411.090, Government Code, is repealed. |
|
(c) Section 521.167, Transportation Code, as added by |
|
Chapter 1413 (S.B. 1317), Acts of the 81st Legislature, Regular |
|
Session, 2009, is repealed. |
|
SECTION 206. An open-enrollment charter school is subject |
|
to revocation of its charter under Section 12.1165, Education Code, |
|
as added by this Act, beginning June 1, 2014, based on school |
|
performance during preceding school years. |
|
SECTION 207. (a) The State Board for Educator |
|
Certification is abolished September 1, 2013. On that date, all |
|
powers, duties, obligations, rights, contracts, leases, records, |
|
personnel, property, and unspent and unobligated appropriations |
|
and other funds of the State Board for Educator Certification are |
|
transferred to the Texas Education Agency. Before that date, the |
|
Texas Education Agency, with the agreement of the State Board for |
|
Educator Certification, may transfer any records, personnel, or |
|
property of the State Board for Educator Certification to the Texas |
|
Education Agency in preparation for the transfer provided for in |
|
this Act. |
|
(b) The abolishment of the State Board for Educator |
|
Certification does not affect the validity of a right, privilege, |
|
or obligation accrued, a contract or acquisition made, any |
|
liability incurred, a certificate issued, a penalty, forfeiture, or |
|
punishment assessed, a rule adopted, a proceeding, investigation, |
|
or remedy begun, a decision made, or other action taken by or in |
|
connection with the State Board for Educator Certification. A |
|
certificate issued by the State Board for Educator Certification |
|
under Subchapter B, Chapter 21, Education Code, before September 1, |
|
2013, is considered a certificate issued by the Texas Education |
|
Agency. |
|
(c) All rules, policies, procedures, and decisions of the |
|
State Board for Educator Certification are continued in effect as |
|
rules, policies, procedures, and decisions of the commissioner of |
|
education and the Texas Education Agency until superseded by a rule |
|
or other appropriate action of the Texas Education Agency. |
|
(d) Any action or proceeding before the State Board for |
|
Educator Certification is transferred without change in status to |
|
the commissioner of education and the Texas Education Agency, and |
|
the commissioner and the agency assume, without a change in status, |
|
the position of the State Board for Educator Certification in any |
|
action or proceeding to which the State Board for Educator |
|
Certification is a party. |
|
SECTION 208. (a) On September 1, 2013: |
|
(1) the administration of adult education programs |
|
shall be transferred from the Texas Education Agency to the Texas |
|
Workforce Commission; |
|
(2) all rules, policies, procedures, and decisions of |
|
the Texas Education Agency, the commissioner of education, or the |
|
State Board of Education relating to the administration of adult |
|
education programs are continued in effect as rules, policies, |
|
procedures, and decisions of the Texas Workforce Commission until |
|
superseded by a rule or other appropriate action by the Texas |
|
Workforce Commission; |
|
(3) a reference in law or administrative rule to the |
|
Texas Education Agency, the commissioner of education, or the State |
|
Board of Education relating to the administration of adult |
|
education programs means the Texas Workforce Commission; and |
|
(4) all money, contracts, leases, property, and |
|
obligations of the Texas Education Agency relating to the |
|
administration of adult education programs are transferred to the |
|
Texas Workforce Commission. |
|
(b) The Texas Workforce Commission shall hold public |
|
hearings to develop rules to establish a new allocation formula for |
|
adult education provider grants under Chapter 315, Labor Code, as |
|
added by this Act. |
|
(c) The Texas Workforce Commission shall adopt and |
|
implement the new allocation formula for adult education provider |
|
grants beginning with the 2014-2015 school year. |
|
SECTION 209. (a) On September 1, 2013: |
|
(1) all functions and activities relating to Chapter |
|
1001, Education Code, performed by the Texas Education Agency |
|
immediately before that date are transferred to the Texas |
|
Department of Licensing and Regulation; |
|
(2) a rule or form adopted by the commissioner of |
|
education that relates to Chapter 1001, Education Code, is a rule or |
|
form of the Texas Commission of Licensing and Regulation or the |
|
Texas Department of Licensing and Regulation, as applicable, and |
|
remains in effect until amended or replaced by that commission or |
|
department; |
|
(3) a reference to the Texas Education Agency in a law |
|
or administrative rule that relates to Chapter 1001, Education |
|
Code, means the Texas Commission of Licensing and Regulation or the |
|
Texas Department of Licensing and Regulation, as applicable; |
|
(4) a complaint, investigation, or other proceeding |
|
before the Texas Education Agency that is related to Chapter 1001, |
|
Education Code, is transferred without change in status to the |
|
Texas Department of Licensing and Regulation, and the Texas |
|
Department of Licensing and Regulation assumes, as appropriate and |
|
without a change in status, the position of the Texas Education |
|
Agency in an action or proceeding to which the Texas Education |
|
Agency is a party; |
|
(5) all money, contracts, leases, property, and |
|
obligations of the Texas Education Agency related to Chapter 1001, |
|
Education Code, are transferred to the Texas Department of |
|
Licensing and Regulation; |
|
(6) all property in the custody of the Texas Education |
|
Agency related to Chapter 1001, Education Code, is transferred to |
|
the Texas Department of Licensing and Regulation; and |
|
(7) the unexpended and unobligated balance of any |
|
money appropriated by the legislature for the Texas Education |
|
Agency related to Chapter 1001, Education Code, is transferred to |
|
the Texas Department of Licensing and Regulation. |
|
(b) Before September 1, 2013, the Texas Education Agency may |
|
agree with the Texas Department of Licensing and Regulation to |
|
transfer any property of the Texas Education Agency to the Texas |
|
Department of Licensing and Regulation to implement the transfer |
|
required by this Act. |
|
SECTION 210. The changes in law made by this Act to Chapter |
|
1001, Education Code, apply only to a fee charged on or after |
|
September 1, 2013. A fee charged before September 1, 2013, is |
|
governed by the law in effect immediately before that date, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 211. To the extent of any conflict, this Act |
|
prevails over another Act of the 83rd Legislature, Regular Session, |
|
2013, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 212. This Act takes effect September 1, 2013. |