84R11790 JSL-D

By: Farias H.B. No. 4041

A BILL TO BE ENTITLED

AN ACT

relating to abolishing the State Board for Educator Certification and establishing the Texas State Board for Professional Educators; authorizing the adoption of a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.006(g), Education Code, is amended to read as follows:

(g) The Texas State Board for Professional Educators [Educator Certification] shall adopt [propose] rules as necessary to implement this section.

SECTION 2. Sections 21.007(d) and (f), Education Code, are amended to read as follows:

(d) The 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 board shall adopt [propose] rules establishing the length of time that a notice may remain on the educator's public certification records before the 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.

(f) The board shall adopt [propose] rules necessary to administer this section.

SECTION 3. Section 21.031, Education Code, is amended to read as follows:

Sec. 21.031. PURPOSE. (a) The Texas State Board for Professional Educators [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 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 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 4. Section 21.032, Education Code, is amended to read as follows:

Sec. 21.032. DEFINITION. In this subchapter, "board" means the Texas State Board for Professional Educators [Educator Certification].

SECTION 5. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0321 to read as follows:

Sec. 21.0321. POWERS AND DUTIES; REFERENCES IN LAW TO BOARD. (a) The powers and duties of the State Board for Educator Certification under this chapter and other law shall be exercised and performed by the Texas State Board for Professional Educators.

(b) In this chapter or other law, a reference to the State Board for Educator Certification means the Texas State Board for Professional Educators.

SECTION 6. The heading to Section 21.033, Education Code, is amended to read as follows:

Sec. 21.033. TEXAS STATE BOARD FOR PROFESSIONAL EDUCATORS [EDUCATOR CERTIFICATION].

SECTION 7. Section 21.033(a), Education Code, is amended to read as follows:

(a) The Texas State Board for Professional Educators [Educator Certification] is composed of 11 [14] members. [The commissioner of education shall appoint an employee of the agency to represent the commissioner as a nonvoting member. The commissioner of higher education shall appoint an employee of the Texas Higher Education Coordinating Board to represent the commissioner as a nonvoting member.] The governor shall appoint two members of the public as members with the advice and consent of the senate [a dean of a college of education in this state as a nonvoting member]. The remaining nine [11] members are appointed by a plurality vote of each respective profession or group [the governor with the advice and consent of the senate,] as follows:

(1) three [four] members must be teachers employed in public schools, elected by teachers certified under this subchapter;

(2) two members must be public school principals, elected by principals certified under this subchapter [administrators];

(3) one member must be a public school superintendent, elected by superintendents certified under this subchapter;

(4) one member must be a public school counselor, elected by public school counselors certified under this subchapter; and

(5) two [(4) four] members must be representatives from educator preparation programs, one of whom is elected by representatives of alternative educator preparation programs, and one of whom is elected by representatives of traditional educator preparation programs [citizens, three of whom are not and have not, in the five years preceding appointment, been employed by a public school district or by an educator preparation program in an institution of higher education and one of whom is not and has not been employed by a public school district or by an educator preparation program in an institution of higher education].

SECTION 8. Section 21.034, Education Code, is amended to read as follows:

Sec. 21.034. TERMS; VACANCY. (a) The board members [appointed by the governor] hold office for staggered terms of four [six] years with the terms of one-half [one-third] of the members expiring on February 1 of each odd-numbered year. [A member appointed by the commissioner of education or the commissioner of higher education serves at the will of the appointing commissioner.]

(b) In the event of a vacancy during a term of a board member [appointed by the governor], the governor or group that elected the member, as applicable, shall select [appoint] a replacement who meets the qualifications of the vacated office to fill the unexpired portion of the term.

(c) A vacancy arises if a member [appointed by the governor] no longer qualifies for the office to which the member was appointed.

SECTION 9. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0341 to read as follows:

Sec. 21.0341. EXECUTIVE DIRECTOR; PERSONNEL. The board shall employ an executive director. The executive director shall:

(1) perform duties as assigned by the board or specified by law;

(2) administer and enforce all laws and rules implemented by the board; and

(3) hire and dismiss employees of the board.

SECTION 10. Sections 21.041(b), (c), and (d), Education Code, are amended to read as follows:

(b) The 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 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 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 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 11. Sections 21.044(a), (d), and (f), Education Code, are amended to read as follows:

(a) The 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 board shall specify the minimum academic qualifications required for a certificate.

(d) In adopting [proposing] rules under this section, the 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.

(f) The board may not adopt [propose] rules for a certificate to teach a health science technology education course that specify that a person must have a bachelor's degree or that establish any other credential or teaching experience requirements that exceed the requirements under Subsection (e).

SECTION 12. Section 21.044(e), Education Code, as added by Chapter 1091 (H.B. 3573), Acts of the 83rd Legislature, Regular Session, 2013, is amended to read as follows:

(e) In adopting [proposing] rules under this section for a person to obtain a certificate to teach a health science technology education course, the board shall specify that a person must have:

(1) an associate degree or more advanced degree from an accredited institution of higher education;

(2) current licensure, certification, or registration as a health professions practitioner issued by a nationally recognized accrediting agency for health professionals; and

(3) at least two years of wage earning experience utilizing the licensure requirement.

SECTION 13. Section 21.0441(a), Education Code, is amended to read as follows:

(a) Rules of the board adopted [proposed] under this subchapter must provide that a person, other than a person seeking career and technology education certification, is not eligible for admission to an educator preparation program, including an alternative educator preparation program, unless the person:

(1) except as provided by Subsection (b), satisfies minimum grade point average requirements prescribed by the board, not to exceed the following:

(A) an overall grade point average of at least 2.75 on a four-point scale or the equivalent on any course work previously attempted at a public or private institution of higher education; or

(B) a grade point average of at least 2.75 on a four-point scale or the equivalent for the last 60 semester credit hours attempted at a public or private institution of higher education; and

(2) if the person is seeking initial certification:

(A) has successfully completed at least:

(i) 15 semester credit hours in the subject-specific content area in which the person is seeking certification, if the person is seeking certification to teach mathematics or science at or above grade level seven; or

(ii) 12 semester credit hours in the subject-specific content area in which the person is seeking certification, if the person is not seeking certification to teach mathematics or science at or above grade level seven; or

(B) has achieved a satisfactory level of performance on a content certification examination, which may be a content certification examination administered by a vendor approved by the commissioner for purposes of administering such an examination for the year for which the person is applying for admission to the program.

SECTION 14. Sections 21.045(a) and (c), Education Code, are amended to read as follows:

(a) The 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 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 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.

(c) The board shall adopt [propose] rules establishing performance standards for the Accountability System for Educator Preparation for accrediting educator preparation programs. At a minimum, performance standards must be based on Subsection (a). The board may adopt [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.

SECTION 15. Section 21.0451(a), Education Code, is amended to read as follows:

(a) The board shall adopt [propose] rules for the sanction of educator preparation programs that do not meet accountability standards 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 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.

SECTION 16. Section 21.0453(b), Education Code, is amended to read as follows:

(b) The board may adopt [propose] rules as necessary for administration of this section, including rules to ensure that accurate and consistent information is provided by all educator preparation programs.

SECTION 17. Section 21.048(a), Education Code, as amended by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a) The board shall adopt [propose] rules prescribing comprehensive examinations for each class of certificate issued by the board. The commissioner [board] shall determine the satisfactory level of performance required for each certification examination. For the issuance of a generalist certificate, the commissioner [board] shall require a satisfactory level of examination performance in each core subject covered by the examination.

SECTION 18. Section 21.049(a), Education Code, is amended to read as follows:

(a) To provide a continuing additional source of qualified educators, the 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.

SECTION 19. Section 21.050(b), Education Code, is amended to read as follows:

(b) The 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 board shall provide for a minimum number of semester credit hours of internship to be included in the hours needed for certification. The 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 20. Sections 21.051(e) and (f), Education Code, are amended to read as follows:

(e) The board shall adopt [propose] rules relating to the field-based experience required by Subsection (b). The commissioner by rule shall adopt procedures and standards for recognizing a private school under Subsection (b)(2).

(f) The board shall adopt [propose] rules providing flexible options for persons for any field-based experience or internship required for certification.

SECTION 21. Section 21.054(a), Education Code, is amended to read as follows:

(a) The board shall adopt [propose] rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.

SECTION 22. 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 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 23. Section 21.553(c), Education Code, is amended to read as follows:

(c) The Texas State Board for Professional Educators [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 24. Section 22.0831(f), Education Code, is amended to read as follows:

(f) The 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 25. The following sections of the Education Code are repealed:

(1) Section 21.035; and

(2) Section 21.042.

SECTION 26. (a) The State Board for Educator Certification is abolished September 1, 2015. 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 State Board for Professional Educators established by this Act. Before that date, the State Board for Educator Certification may transfer any records, personnel, or property of the State Board for Educator Certification to the Texas State Board for Professional Educators 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, 2015, is considered a certificate issued by the Texas State Board for Professional Educators.

(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 Texas State Board for Professional Educators until superseded by a rule or other appropriate action of that board.

(d) After the effective date of this Act, the Texas State Board for Professional Educators may adopt a rule proposed by the State Board for Educator Certification before the effective date of this Act.

(e) Any action or proceeding before the State Board for Educator Certification is transferred without change in status to the Texas State Board for Professional Educators, and that board assumes, 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 27. This Act takes effect September 1, 2015.