Texas 2013 - 83rd Regular

Texas Senate Bill SB218 Compare Versions

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1	1	By: Patrick, Nichols S.B. No. 218
2	2	(In the Senate - Filed March 7, 2013; March 12, 2013, read
3	3	first time and referred to Committee on Education; April 22, 2013,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 9, Nays 0; April 22, 2013, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 218 By: Patrick
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the continuation and functions of the Texas Education
12	12	Agency and to the abolition of the State Board for Educator
13	13	Certification and the transfer of its functions to the Texas
14	14	Education Agency; changing the amounts of certain fees and
15	15	providing for the ad valorem tax rate to be imposed after annexation
16	16	of an insolvent or inoperative school district.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. Section 7.004, Education Code, is amended to
19	19	read as follows:
20	20	Sec. 7.004. SUNSET PROVISION. The Texas Education Agency
21	21	is subject to Chapter 325, Government Code (Texas Sunset Act).
22	22	Unless continued in existence as provided by that chapter, the
23	23	agency is abolished September 1, 2025 [2013].
24	24	SECTION 2. Subsection (a), Section 7.021, Education Code,
25	25	is amended to read as follows:
26	26	(a) The agency shall:
27	27	(1) distribute state and federal funding to public
28	28	schools and ensure the proper use of those funds;
29	29	(2) monitor public schools for compliance with state
30	30	and federal guidelines, subject to the limitations in Section
31	31	7.028;
32	32	(3) administer the statewide standardized testing
33	33	program and accountability systems;
34	34	(4) provide assistance to and impose interventions and
35	35	sanctions on public schools that consistently fail to meet state or
36	36	federal accountability standards;
37	37	(5) provide support to the board in developing
38	38	statewide curriculum standards, adopting instructional materials,
39	39	managing the instructional materials allotment and distribution
40	40	process, and carrying out duties related to the permanent school
41	41	fund;
42	42	(6) collect, analyze, and make accessible a wide array
43	43	of educational and financial data from public schools;
44	44	(7) ensure the quality of public school educators by
45	45	certifying educators, regulating educator preparation programs,
46	46	and taking enforcement action in cases of educator misconduct; and
47	47	(8) carry out any other duties imposed on the agency by
48	48	the legislature consistent with the agency's appropriations and
49	49	mission [perform the educational functions provided by Subsection
50	50	(b)].
51	51	SECTION 3. Subchapter B, Chapter 7, Education Code, is
52	52	amended by adding Section 7.0235 to read as follows:
53	53	Sec. 7.0235. RESTRICTIONS ON AGENCY EMPLOYMENT. (a) In
54	54	this section, "Texas trade association" means a cooperative and
55	55	voluntarily joined statewide association of business or
56	56	professional competitors in this state designed to assist its
57	57	members and its industry or profession in dealing with mutual
58	58	business or professional problems and in promoting their common
59	59	interest.
60	60	(b) A person may not be an agency employee employed in a
61	61	"bona fide executive, administrative, or professional capacity,"
62	62	as that phrase is used for purposes of establishing an exemption to
63	63	the overtime provisions of the federal Fair Labor Standards Act of
64	64	1938 (29 U.S.C. Section 201 et seq.), if:
65	65	(1) the person is an officer, employee, or paid
66	66	consultant of a Texas trade association in the field of elementary
67	67	or secondary education; or
68	68	(2) the person's spouse is an officer, manager, or paid
69	69	consultant of a Texas trade association in the field of elementary
70	70	or secondary education.
71	71	(c) A person may not act as the general counsel to the
72	72	commissioner or the agency if the person is required to register as
73	73	a lobbyist under Chapter 305, Government Code, because of the
74	74	person's activities for compensation on behalf of a profession
75	75	related to the operation of the agency.
76	76	SECTION 4. Subchapter B, Chapter 7, Education Code, is
77	77	amended by adding Sections 7.034, 7.035, and 7.036 to read as
78	78	follows:
79	79	Sec. 7.034. PUBLIC INVOLVEMENT POLICY. The agency shall
80	80	develop and implement a policy regarding public involvement with
81	81	the agency. The policy must:
82	82	(1) describe how the agency will proactively engage
83	83	stakeholders;
84	84	(2) distinguish the purposes and appropriate uses of
85	85	advisory committees and informal work groups, including by
86	86	specifying that an informal work group:
87	87	(A) is not subject to Chapter 2110, Government
88	88	Code; and
89	89	(B) must have a well-defined purpose and follow
90	90	specific timelines for completing tasks;
91	91	(3) identify actions the agency will take that exceed
92	92	the minimum open meetings requirements under Chapter 551,
93	93	Government Code;
94	94	(4) include a strategy for providing updated
95	95	information regarding advisory committees and issues of concern to
96	96	stakeholders through the agency's Internet website; and
97	97	(5) describe how public input will affect agency
98	98	decisions, including by providing information regarding the
99	99	specific outcomes for all types of public input.
100	100	Sec. 7.035. COMPLAINTS. (a) The agency shall maintain a
101	101	system to promptly and efficiently act on complaints filed with the
102	102	agency. The agency shall maintain information about parties to the
103	103	complaint, the subject matter of the complaint, a summary of the
104	104	results of the review or investigation of the complaint, and its
105	105	disposition.
106	106	(b) The agency shall make information available describing
107	107	its procedures for complaint investigation and resolution.
108	108	(c) The agency shall periodically notify the complaint
109	109	parties of the status of the complaint until final disposition.
110	110	Sec. 7.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
111	111	RESOLUTION. (a) The agency shall develop and implement a policy
112	112	to encourage the use of:
113	113	(1) negotiated rulemaking procedures under Chapter
114	114	2008, Government Code, for the adoption of agency rules; and
115	115	(2) appropriate alternative dispute resolution
116	116	procedures under Chapter 2009, Government Code, to assist in the
117	117	resolution of internal and external disputes under the agency's
118	118	jurisdiction.
119	119	(b) The agency's procedures relating to alternative dispute
120	120	resolution must conform, to the extent possible, to any model
121	121	guidelines issued by the State Office of Administrative Hearings
122	122	for the use of alternative dispute resolution by state agencies.
123	123	(c) The agency shall:
124	124	(1) coordinate the implementation of the policy
125	125	adopted under Subsection (a);
126	126	(2) provide training as needed to implement the
127	127	procedures for negotiated rulemaking or alternative dispute
128	128	resolution; and
129	129	(3) collect data concerning the effectiveness of those
130	130	procedures.
131	131	SECTION 5. Subsection (a), Section 7.055, Education Code,
132	132	is amended to read as follows:
133	133	(a) The commissioner shall:
134	134	(1) serve as the educational leader of the state;
135	135	(2) serve as executive officer of the agency, with
136	136	authority to:
137	137	(A) employ division heads and any other employees
138	138	and clerks necessary to perform the duties of the agency;
139	139	(B) delegate ministerial and executive functions
140	140	to agency staff;
141	141	(C) appoint advisory committees, in accordance
142	142	with Chapter 2110, Government Code, as necessary to advise the
143	143	commissioner in carrying out the duties and mission of the agency;
144	144	and
145	145	(D) appoint an internal auditor for the agency;
146	146	and
147	147	(3) carry out the duties imposed on the commissioner
148	148	by the legislature [has the powers and duties provided by
149	149	Subsection (b)].
150	150	SECTION 6. Subdivision (9), Subsection (b), Section 7.055,
151	151	Education Code, is transferred to Subchapter A, Chapter 7,
152	152	Education Code, redesignated as Section 7.011, Education Code, and
153	153	amended to read as follows:
154	154	Sec. 7.011. TEXAS SCHOOL LAW BULLETIN. [(9)] The
155	155	commissioner shall have a bulletin [manual] published at least once
156	156	every two years that contains Title 1 and this title, any other
157	157	provisions of this code relating specifically to public primary or
158	158	secondary education, and an appendix of all other state laws
159	159	relating to public primary or secondary education. The
160	160	commissioner [and] shall provide for the distribution of the
161	161	bulletin [manual] as determined by the board.
162	162	SECTION 7. Subdivision (40), Subsection (b), Section 7.055,
163	163	Education Code, is transferred to Subchapter A, Chapter 21,
164	164	Education Code, redesignated as Section 21.009, Education Code, and
165	165	amended to read as follows:
166	166	Sec. 21.009. SUSPENSION RELATING TO COLLECTIVE BARGAINING
167	167	OR STRIKES. [(40)] The commissioner shall suspend the certificate
168	168	of an educator or permit of a teacher who violates Chapter 617,
169	169	Government Code.
170	170	SECTION 8. Subchapter C, Chapter 7, Education Code, is
171	171	amended by adding Section 7.064 to read as follows:
172	172	Sec. 7.064. ADVISORY COMMITTEE RULES. (a) The
173	173	commissioner shall adopt rules, in compliance with Chapter 2110,
174	174	Government Code, regarding an advisory committee that primarily
175	175	functions to advise the commissioner or the agency, including rules
176	176	governing an advisory committee's purpose, tasks, reporting
177	177	requirements, and abolishment date.
178	178	(b) The commissioner may adopt rules under this section
179	179	regarding an advisory committee's:
180	180	(1) size and quorum requirements;
181	181	(2) qualifications for membership, including
182	182	experience requirements and geographic representation;
183	183	(3) appointment procedures;
184	184	(4) terms of service; and
185	185	(5) compliance with the requirements for open meetings
186	186	under Chapter 551, Government Code.
187	187	SECTION 9. Section 12.102, Education Code, is amended to
188	188	read as follows:
189	189	Sec. 12.102. AUTHORITY UNDER CHARTER. An open-enrollment
190	190	charter school:
191	191	(1) shall provide instruction to students at one or
192	192	more elementary or secondary grade levels as provided by the
193	193	charter;
194	194	(2) is governed under the governing structure
195	195	described by the charter;
196	196	(3) retains authority to operate under the charter:
197	197	(A) contingent on satisfactory student
198	198	performance as provided by the charter in accordance with Section
199	199	12.111; and
200	200	(B) to the extent authorized under Section
201	201	12.1141; and
202	202	(4) does not have authority to impose taxes.
203	203	SECTION 10. Subsection (a), Section 12.111, Education Code,
204	204	is amended to read as follows:
205	205	(a) Each charter granted under this subchapter must:
206	206	(1) describe the educational program to be offered,
207	207	which must include the required curriculum as provided by Section
208	208	28.002;
209	209	(2) specify that the period for which the initial
210	210	charter or any charter renewal is valid is eight years;
211	211	(3) provide that continuation or renewal of the
212	212	charter is contingent on:
213	213	(A) acceptable student performance on assessment
214	214	instruments adopted under Subchapter B, Chapter 39, and [on]
215	215	compliance with any accountability provision specified by the
216	216	charter, by a deadline or at intervals specified by the charter; and
217	217	(B) a determination by the commissioner under
218	218	Section 12.1141;
219	219	(4) establish the level of student performance that is
220	220	considered acceptable for purposes of Subdivision (3)(A) [(3)];
221	221	(5) specify any basis, in addition to a basis
222	222	specified by this subchapter, on which the charter may be placed on
223	223	probation or revoked or on which renewal of the charter may be
224	224	denied;
225	225	(6) prohibit discrimination in admission policy on the
226	226	basis of sex, national origin, ethnicity, religion, disability,
227	227	academic, artistic, or athletic ability, or the district the child
228	228	would otherwise attend in accordance with this code, although the
229	229	charter may:
230	230	(A) provide for the exclusion of a student who
231	231	has a documented history of a criminal offense, a juvenile court
232	232	adjudication, or discipline problems under Subchapter A, Chapter
233	233	37; and
234	234	(B) provide for an admission policy that requires
235	235	a student to demonstrate artistic ability if the school specializes
236	236	in performing arts;
237	237	(7) specify the grade levels to be offered;
238	238	(8) describe the governing structure of the program,
239	239	including:
240	240	(A) the officer positions designated;
241	241	(B) the manner in which officers are selected and
242	242	removed from office;
243	243	(C) the manner in which members of the governing
244	244	body of the school are selected and removed from office;
245	245	(D) the manner in which vacancies on that
246	246	governing body are filled;
247	247	(E) the term for which members of that governing
248	248	body serve; and
249	249	(F) whether the terms are to be staggered;
250	250	(9) specify the powers or duties of the governing body
251	251	of the school that the governing body may delegate to an officer;
252	252	(10) specify the manner in which the school will
253	253	distribute to parents information related to the qualifications of
254	254	each professional employee of the program, including any
255	255	professional or educational degree held by each employee, a
256	256	statement of any certification under Subchapter B, Chapter 21, held
257	257	by each employee, and any relevant experience of each employee;
258	258	(11) describe the process by which the person
259	259	providing the program will adopt an annual budget;
260	260	(12) describe the manner in which an annual audit of
261	261	the financial and programmatic operations of the program is to be
262	262	conducted, including the manner in which the person providing the
263	263	program will provide information necessary for the school district
264	264	in which the program is located to participate, as required by this
265	265	code or by State Board of Education rule, in the Public Education
266	266	Information Management System (PEIMS);
267	267	(13) describe the facilities to be used;
268	268	(14) describe the geographical area served by the
269	269	program; and
270	270	(15) specify any type of enrollment criteria to be
271	271	used.
272	272	SECTION 11. Subsection (a), Section 12.1054, Education
273	273	Code, is amended to read as follows:
274	274	(a) A member of the governing body of a charter holder, a
275	275	member of the governing body of an open-enrollment charter school,
276	276	or an officer of an open-enrollment charter school is considered to
277	277	be a local public official for purposes of Chapter 171, Local
278	278	Government Code. For purposes of that chapter:
279	279	(1) a member of the governing body of a charter holder
280	280	or a member of the governing body or officer of an open-enrollment
281	281	charter school is considered to have a substantial interest in a
282	282	business entity if a person related to the member or officer in the
283	283	third degree by consanguinity or in the second degree by affinity,
284	284	as determined under Chapter 573, Government Code, has a substantial
285	285	interest in the business entity under Section 171.002, Local
286	286	Government Code; and
287	287	(2) notwithstanding any provision of Subdivision (1),
288	288	employees [Section 12.1054(1), an employee] of an open-enrollment
289	289	charter school rated as acceptable [or higher] under Section 39.054
290	290	for at least two of the preceding three school years may serve as
291	291	members [a member] of the governing body of the charter holder or
292	292	[of] the governing body of the school if the employees do not
293	293	constitute a quorum of the governing body or any committee of the
294	294	governing body; however, all members shall comply with the
295	295	requirements of Sections 171.003-171.007, Local Government Code.
296	296	SECTION 12. Subchapter D, Chapter 12, Education Code, is
297	297	amended by adding Section 12.1141 to read as follows:
298	298	Sec. 12.1141. RENEWAL OF CHARTER; REVIEW. (a) The charter
299	299	of an open-enrollment charter school expires after eight years
300	300	unless renewed by the commissioner.
301	301	(b) Under rules adopted by the commissioner, not later than
302	302	the date on which a charter of an open-enrollment charter school
303	303	expires under Subsection (a):
304	304	(1) a charter holder shall apply for a renewal of the
305	305	charter; and
306	306	(2) the commissioner shall renew the charter for a
307	307	term of eight years, deny renewal of the charter, or renew the
308	308	charter on a probationary basis as provided by Subsection (e).
309	309	(c) The commissioner by rule shall establish a review
310	310	process for the renewal of the charter of an open-enrollment
311	311	charter school. In establishing a review process for renewal under
312	312	this section, the commissioner shall:
313	313	(1) adopt clear standards for renewal, including
314	314	academic, financial, and governance standards and other relevant
315	315	standards as determined by the commissioner; and
316	316	(2) provide a streamlined review process for an
317	317	open-enrollment charter school with a history of high academic and
318	318	financial performance and no interventions or sanctions, including
319	319	clear standards for eligibility for this process.
320	320	(d) In conducting a review for renewal under this section,
321	321	the commissioner:
322	322	(1) shall consider the extent to which an
323	323	open-enrollment charter school has:
324	324	(A) met the standards established under
325	325	Subsection (c)(1); and
326	326	(B) operated in compliance with the terms of the
327	327	school's charter; and
328	328	(2) may request from the school any information
329	329	necessary, as determined by the commissioner, to make a
330	330	determination under this section.
331	331	(e) The commissioner may renew the charter of an
332	332	open-enrollment charter school on a probationary basis for a period
333	333	of one year. The commissioner shall establish standards for
334	334	improvement for a school renewed on a probationary basis.
335	335	Following the probationary period under this subsection, the
336	336	commissioner shall renew or deny renewal of the charter based on the
337	337	school's performance on the standards for improvement, as
338	338	determined by the commissioner.
339	339	(f) An open-enrollment charter school that intends to
340	340	challenge a decision by the commissioner under this section must
341	341	appeal the decision under the procedures provided under Section
342	342	12.116. An open-enrollment charter school may continue to operate
343	343	pending an appeal under Section 12.116.
344	344	(g) Not later than September 1, 2014, the commissioner shall
345	345	adopt rules for the implementation of this section. The rules may
346	346	modify the expiration date of one or more charters as necessary to
347	347	equalize the agency's annual renewal workload during the transition
348	348	to the renewal system required by this section. This subsection
349	349	expires October 1, 2014.
350	350	SECTION 13. Section 12.115, Education Code, is amended by
351	351	adding Subsections (c) and (d) to read as follows:
352	352	(c) The commissioner shall establish separate performance
353	353	standards for each of the actions authorized to be taken by the
354	354	commissioner under Subsection (a).
355	355	(d) In making a determination under Subsection (a), the
356	356	commissioner shall consider:
357	357	(1) the charter holder's history of violations of the
358	358	charter or performance on accountability provisions prescribed by
359	359	the charter;
360	360	(2) the number and severity of previous violations or
361	361	unsatisfactory performance on accountability provisions;
362	362	(3) the charter holder's efforts to correct, and
363	363	whether the charter holder corrected, previous violations or
364	364	unsatisfactory performance on accountability provisions; and
365	365	(4) any other actions necessary to deter future
366	366	violations or unsatisfactory performance on accountability
367	367	provisions, as determined by the commissioner.
368	368	SECTION 14. The heading to Section 12.116, Education Code,
369	369	is amended to read as follows:
370	370	Sec. 12.116. PROCEDURES [PROCEDURE] FOR MODIFICATION,
371	371	PLACEMENT ON PROBATION, REVOCATION, OR DENIAL OF RENEWAL.
372	372	SECTION 15. Subsections (a) and (b), Section 12.116,
373	373	Education Code, are amended to read as follows:
374	374	(a) The commissioner shall adopt procedures [a procedure]
375	375	to be used for modifying, placing on probation, revoking, or
376	376	denying renewal of the charter of an open-enrollment charter
377	377	school.
378	378	(b) The procedures [procedure] adopted under Subsection (a)
379	379	must provide an opportunity for a hearing to the charter holder and
380	380	to parents and guardians of students in the school. A hearing under
381	381	this subsection must be held at the facility at which the program is
382	382	operated.
383	383	SECTION 16. Subsection (e), Section 12.1162, Education
384	384	Code, is amended to read as follows:
385	385	(e) Immediately after a hearing under Subsection (d), the
386	386	commissioner may [must] cease the action under Subsection (b) or
387	387	impose additional sanctions as determined by the commissioner,
388	388	including a sanction provision under Subchapter E, Chapter 39
389	389	[initiate action under Section 12.116].
390	390	SECTION 17. Subchapter D, Chapter 12, Education Code, is
391	391	amended by adding Sections 12.1165, 12.1166, and 12.1167 to read as
392	392	follows:
393	393	Sec. 12.1165. REVOCATION REQUIRED FOR FAILURE TO MEET
394	394	ACADEMIC PERFORMANCE OR FINANCIAL ACCOUNTABILITY STANDARDS.
395	395	(a) The commissioner shall revoke the charter of an
396	396	open-enrollment charter school and order closure of all campuses
397	397	and programs operated under the school's charter if the
398	398	open-enrollment charter school:
399	399	(1) does not satisfy the academic performance
400	400	standards under Section 39.053 or 39.054 for three consecutive
401	401	years; or
402	402	(2) does not satisfy a financial accountability
403	403	standard, as determined by the commissioner, for three consecutive
404	404	years.
405	405	(b) Notwithstanding Section 12.116, a charter holder is not
406	406	entitled to a hearing before the charter is revoked under this
407	407	section. A revocation order under this section is final and may not
408	408	be appealed.
409	409	(c) Before the commissioner orders revocation under
410	410	Subsection (a), the charter holder may challenge under Section
411	411	39.151 an agency decision relating to an academic performance or
412	412	financial accountability rating that affects the open-enrollment
413	413	charter school.
414	414	(d) Not later than June 15 of each year, the agency shall
415	415	provide to each open-enrollment charter school at risk of
416	416	revocation of the school's charter under this section the school's
417	417	academic performance and financial accountability ratings.
418	418	(e) The commissioner shall adopt rules to implement this
419	419	section.
420	420	(e-1) The commissioner shall adopt initial rules under
421	421	Subsection (e) not later than June 1, 2014. This subsection expires
422	422	July 1, 2014.
423	423	Sec. 12.1166. REVOCATION FOR INSOLVENCY. (a) If the
424	424	commissioner determines that an open-enrollment charter school
425	425	does not have sufficient funding to complete the next school year,
426	426	the commissioner may:
427	427	(1) before the beginning of the next school year or
428	428	term, suspend the authority of all campuses under the school's
429	429	charter to operate; and
430	430	(2) pursue revocation of the charter.
431	431	(b) Not later than the 10th day after the date the
432	432	commissioner initiates action under Subsection (a), the
433	433	commissioner shall provide the charter holder an opportunity for a
434	434	hearing.
435	435	(c) If after a hearing under Subsection (b) the commissioner
436	436	determines that the open-enrollment charter school does not have
437	437	sufficient funding to complete the next school year, the
438	438	commissioner must proceed with a revocation under this section. If
439	439	after a hearing under Subsection (b) the commissioner determines
440	440	that the open-enrollment charter school does have sufficient
441	441	funding to complete the next school year, the commissioner must
442	442	cease the action under Subsection (a), but may impose sanctions as
443	443	determined by the commissioner, including a sanction under
444	444	Subchapter E, Chapter 39.
445	445	(d) An open-enrollment charter school that intends to
446	446	challenge a decision by the commissioner under this section must
447	447	appeal the decision under the procedures provided under Section
448	448	12.116. The authority of an open-enrollment charter school to
449	449	operate shall remain suspended under Subsection (a) pending an
450	450	appeal under Section 12.116. The commissioner's decision following
451	451	the appeal is final and may not be further appealed.
452	452	(e) The commissioner shall adopt rules for determining
453	453	whether an open-enrollment charter school has sufficient funding to
454	454	complete the next school year for purposes of this section.
455	455	(e-1) The commissioner shall adopt initial rules under
456	456	Subsection (e) not later than March 1, 2014. This subsection
457	457	expires April 1, 2014.
458	458	(f) Chapter 2001, Government Code, does not apply to a
459	459	hearing under this section.
460	460	Sec. 12.1167. STUDENT'S BEST INTEREST STANDARD. In taking
461	461	action under this subchapter, the commissioner may consider the
462	462	best interest of an open-enrollment charter school's students.
463	463	SECTION 18. Section 12.118, Education Code, is amended to
464	464	read as follows:
465	465	Sec. 12.118. EVALUATION OF OPEN-ENROLLMENT CHARTER
466	466	SCHOOLS. (a) The commissioner shall designate an impartial
467	467	organization with experience in evaluating school choice programs
468	468	to conduct an [annual] evaluation of open-enrollment charter
469	469	schools once every four years.
470	470	(b) An evaluation under this section must include an
471	471	evaluation of cost, performance, or [consideration of the following
472	472	items before implementing the charter and after implementing the
473	473	charter:
474	474	[(1) students' scores on assessment instruments
475	475	administered under Subchapter B, Chapter 39;
476	476	[(2) student attendance;
477	477	[(3) students' grades;
478	478	[(4) incidents involving student discipline;
479	479	[(5) socioeconomic data on students' families;
480	480	[(6) parents' satisfaction with their children's
481	481	schools; and
482	482	[(7) students' satisfaction with their schools.
483	483	[(c) The evaluation of open-enrollment charter schools must
484	484	also include an evaluation of:
485	485	[(1) the costs of instruction, administration, and
486	486	transportation incurred by open-enrollment charter schools;
487	487	[(2) the effect of open-enrollment charter schools on
488	488	school districts and on teachers, students, and parents in those
489	489	districts; and
490	490	[(3)] other issues, as determined by the commissioner.
491	491	(c) Not later than December 1 of each year in which an
492	492	evaluation is conducted under Subsection (a), the agency shall
493	493	submit a report to the legislature regarding the findings of an
494	494	evaluation conducted under this section. The report must include
495	495	appropriate recommendations, as determined by the agency, to
496	496	improve the performance and regulation of open-enrollment charter
497	497	schools.
498	498	(c-1) The agency shall submit the first report required
499	499	under Subsection (c) not later than December 1, 2016. This
500	500	subsection expires January 1, 2017.
501	501	SECTION 19. Section 12.120, Education Code, is amended by
502	502	adding Subsections (c), (c-1), and (c-2) to read as follows:
503	503	(c) A person may not serve as a member of the governing body
504	504	of a charter holder if the person is related to another member of
505	505	the same governing body in the third degree by consanguinity or in
506	506	the second degree by affinity, as determined under Chapter 573,
507	507	Government Code.
508	508	(c-1) Not later than September 1, 2015, a member of a
509	509	governing board of a charter holder with a relationship described
510	510	by Subsection (c) must be replaced to comply with the requirements
511	511	of that subsection.
512	512	(c-2) This subsection and Subsection (c-1) expire October
513	513	1, 2015.
514	514	SECTION 20. Subchapter D, Chapter 12, Education Code, is
515	515	amended by adding Section 12.1201 to read as follows:
516	516	Sec. 12.1201. MODIFICATION OF GOVERNANCE. (a) If the
517	517	commissioner determines that the governing body of a charter holder
518	518	is not providing adequate oversight of an open-enrollment charter
519	519	school and other sanctions have not been effective, the
520	520	commissioner may reconstitute the governing body.
521	521	(b) In reconstituting the governing body of a charter holder
522	522	under this section, the commissioner shall appoint members to the
523	523	governing body. In appointing members under this subsection the
524	524	commissioner:
525	525	(1) shall consider:
526	526	(A) local input from community members and
527	527	parents; and
528	528	(B) appropriate credentials and expertise for
529	529	membership, including financial expertise, whether the person
530	530	lives in the geographic area the charter holder serves, and whether
531	531	the person is an educator; and
532	532	(2) may reappoint current members of the governing
533	533	body.
534	534	(c) If a governing body of a charter holder subject to
535	535	reconstitution under this section governs enterprises other than
536	536	the open-enrollment charter school, the commissioner may require
537	537	the charter holder to:
538	538	(1) create a new, single-purpose organization that is
539	539	exempt from taxation under Section 501(c)(3), Internal Revenue Code
540	540	of 1986, to govern the open-enrollment charter school; and
541	541	(2) surrender the charter to the commissioner for
542	542	transfer to the organization created under Subdivision (1).
543	543	(d) The commissioner shall appoint the members of the
544	544	governing body of an organization created under Subsection (c)(1).
545	545	(e) The authority granted to the commissioner under this
546	546	section does not supersede the attorney general's authority over
547	547	charitable organizations.
548	548	(f) The commissioner shall adopt rules necessary to
549	549	implement this section.
550	550	(f-1) The commissioner shall adopt initial rules under
551	551	Subsection (f) not later than September 1, 2014. This subsection
552	552	expires October 1, 2014.
553	553	SECTION 21. Subsection (a), Section 13.005, Education Code,
554	554	is amended to read as follows:
555	555	(a) Except as provided by this section, Section 13.054, or
556	556	[by] a local consolidation agreement under Section 13.158, the
557	557	annexation of all or part of the territory of one district to
558	558	another is effective on the first July 1 that is more than 30 days
559	559	after the date of the order or ordinance accomplishing the
560	560	annexation or of the declaration of the results of an election at
561	561	which the transfer is approved.
562	562	SECTION 22. Subchapter B, Chapter 13, Education Code, is
563	563	amended by adding Section 13.0521 to read as follows:
564	564	Sec. 13.0521. INSOLVENT OR INOPERATIVE DISTRICT. (a) The
565	565	board of trustees of a school district may notify the commissioner
566	566	that the district is unable to complete the current or subsequent
567	567	school year for financial or other reasons. On notification, the
568	568	commissioner shall investigate the finances and other
569	569	circumstances of the district. If the commissioner determines that
570	570	the district is unable to complete the current or subsequent school
571	571	year, the commissioner shall report the district to the
572	572	commissioners court of each county that contains district territory
573	573	for annexation as provided by this section.
574	574	(b) If a district has failed to operate school for 10 or more
575	575	days of its regular school year, the commissioner shall notify the
576	576	district that it is subject to annexation under this section. The
577	577	commissioner shall require the district to submit a plan not later
578	578	than the 10th day after the date the commissioner provides
579	579	notification describing how the district will complete the current
580	580	school year and subsequent school year. If the district fails to
581	581	submit a plan, or if the commissioner, after evaluating the
582	582	district's plan, determines that the district cannot reasonably be
583	583	expected to complete the current or subsequent school year, the
584	584	commissioner shall report the district to the commissioners court
585	585	of each county that contains district territory for annexation as
586	586	provided by this section.
587	587	(c) Each commissioners court by order shall annex district
588	588	territory within the county to one or more other districts in the
589	589	county or to a contiguous district in an adjacent county, provided
590	590	that the commissioners court of the adjacent county consents to the
591	591	annexation. An annexation under this section must occur in an open
592	592	meeting with opportunity for public comment.
593	593	(d) If a commissioners court fails to order annexation of
594	594	district territory on or before the 60th day after the date the
595	595	commissioner reports the district to the commissioners court, the
596	596	commissioner shall order annexation of the territory to one or more
597	597	other districts. The commissioner may annex the territory to a
598	598	district in the same county or to a contiguous district in an
599	599	adjacent county.
600	600	(e) The commissioners court or the commissioner, as
601	601	applicable, shall specify the effective date for the annexation,
602	602	which may not be later than the first anniversary of the date of the
603	603	annexation order. The order shall identify the district or
604	604	districts required to serve students residing in the district to be
605	605	annexed through any school year that begins before the effective
606	606	date of the annexation. A district required to serve students under
607	607	this subsection shall provide services equivalent to those provided
608	608	to the district's other students and shall be entitled to funding
609	609	for the attendance and transportation of students served as
610	610	required by the order.
611	611	(f) The annexation order shall define by legal boundary
612	612	description the resulting territory of each district to which
613	613	territory is annexed and shall be recorded in the minutes of the
614	614	commissioners court.
615	615	(g) The governing board of a district to which territory is
616	616	annexed is the governing board for the resulting district.
617	617	(h) Title to real property of the annexed district vests in
618	618	the district to which the property is annexed. Each district to
619	619	which territory is annexed assumes and is liable for any portion of
620	620	the annexed district's indebtedness that is allocated to the
621	621	receiving district under Section 13.004.
622	622	(i) A district to which territory is annexed under this
623	623	section is entitled to incentive aid under Section 13.281, as
624	624	determined by the commissioner, as if the district were created
625	625	through consolidation.
626	626	(j) The annexation order shall provide for taxation of the
627	627	territory annexed during the year in which the annexation takes
628	628	place. Unless a different rate is required by Section 3-b, Article
629	629	VII, Texas Constitution, the order shall provide for a levy of a tax
630	630	at a rate equal to the maintenance and operations tax rate of the
631	631	district to which the territory is annexed, plus any required
632	632	interest and sinking fund tax.
633	633	(k) Except as otherwise provided by this subsection, this
634	634	section does not affect the authority of the board of trustees of a
635	635	district subject to annexation under this section to pursue
636	636	consolidation under Subchapter D of this chapter or Subchapter B,
637	637	Chapter 41. Actions authorized under this section may be taken
638	638	pending the outcome of an election to consolidate districts under
639	639	Subchapter D of this chapter or a decision to consolidate under
640	640	Subchapter B, Chapter 41. An election to consolidate or a decision
641	641	to consolidate under Subchapter B, Chapter 41, that occurs not
642	642	later than the 60th day following the date an annexation order is
643	643	entered under this section prevails over the annexation order if
644	644	the proposition for consolidation is adopted in both districts,
645	645	provided that a district required to serve students under
646	646	Subsection (e) shall allow any student to attend school through the
647	647	completion of the school year in which the effective date of a
648	648	consolidation occurs. An election to consolidate or a decision to
649	649	consolidate under Subchapter B, Chapter 41, that occurs later than
650	650	the 60th day following the date an annexation order is entered under
651	651	this section is void.
652	652	(l) Notwithstanding Section 13.009, a determination by the
653	653	commissioner or a commissioners court under this section is final
654	654	and may not be appealed.
655	655	(m) The commissioner may adopt rules to implement this
656	656	section.
657	657	SECTION 23. Section 13.054, Education Code, is amended by
658	658	amending Subsections (a), (b), and (d) and adding Subsection (h) to
659	659	read as follows:
660	660	(a) The commissioner by order may annex to one or more
661	661	[adjoining] districts a school district that has received an
662	662	accreditation status of accredited-warned or accredited-probation,
663	663	has failed to satisfy any standard under Section 39.054(e), or has
664	664	failed to satisfy financial accountability standards as determined
665	665	by commissioner rule [been rated as academically unacceptable] for
666	666	a period of two consecutive years.
667	667	(b) The governing board of a district to which territory [of
668	668	an academically unacceptable district] is annexed is the governing
669	669	board for the new district.
670	670	(d) Title to the real property of the [academically
671	671	unacceptable] district to be annexed vests in the district to which
672	672	the property is annexed. Each district to which territory is
673	673	annexed assumes and is liable for any portion of the [academically
674	674	unacceptable district's] indebtedness of the district to be annexed
675	675	that is allocated to the receiving district under Section 13.004.
676	676	(h) Notwithstanding Section 13.005, the commissioner may
677	677	provide for an alternate effective date for an annexation under
678	678	this section if the alternate date is in the best interest of
679	679	students.
680	680	SECTION 24. Subsections (a), (b-1), and (f), Section
681	681	21.0031, Education Code, are amended to read as follows:
682	682	(a) An employee's probationary, continuing, or term
683	683	contract under this chapter is void if the employee:
684	684	(1) does not hold a valid certificate or permit issued
685	685	by the commissioner [State Board for Educator Certification];
686	686	(2) fails to fulfill the requirements necessary to
687	687	renew or extend the employee's temporary, probationary, or
688	688	emergency certificate or any other certificate or permit issued
689	689	under Subchapter B; or
690	690	(3) fails to comply with any requirement under
691	691	Subchapter C, Chapter 22, if the failure results in suspension or
692	692	revocation of the employee's certificate under Section
693	693	22.0831(f)(2).
694	694	(b-1) A school district may not terminate or suspend under
695	695	Subsection (b) an employee whose contract is void under Subsection
696	696	(a)(1) or (2) because the employee failed to renew or extend the
697	697	employee's certificate or permit if the employee:
698	698	(1) requests an extension from the commissioner [State
699	699	Board for Educator Certification] to renew, extend, or otherwise
700	700	validate the employee's certificate or permit; and
701	701	(2) not later than the 10th day after the date the
702	702	contract is void, takes necessary measures to renew, extend, or
703	703	otherwise validate the employee's certificate or permit, as
704	704	determined by the commissioner [State Board for Educator
705	705	Certification].
706	706	(f) For purposes of this section, a certificate or permit is
707	707	not considered to have expired if:
708	708	(1) the employee has completed the requirements for
709	709	renewal of the certificate or permit;
710	710	(2) the employee submitted the request for renewal
711	711	prior to the expiration date; and
712	712	(3) the date the certificate or permit would have
713	713	expired is before the date the commissioner [State Board for
714	714	Educator Certification] takes action to approve the renewal of the
715	715	certificate or permit.
716	716	SECTION 25. Subsections (a), (b), (c), (d), and (e),
717	717	Section 21.004, Education Code, are amended to read as follows:
718	718	(a) To the extent that funds are available, the agency[, the
719	719	State Board for Educator Certification,] and the Texas Higher
720	720	Education Coordinating Board shall develop and implement programs
721	721	to identify talented students and recruit those students and
722	722	persons, including high school and undergraduate students,
723	723	mid-career and retired professionals, honorably discharged and
724	724	retired military personnel, and members of underrepresented gender
725	725	and ethnic groups, into the teaching profession.
726	726	(b) From available funds, the agency[, the State Board for
727	727	Educator Certification,] and the Texas Higher Education
728	728	Coordinating Board shall develop and distribute materials that
729	729	emphasize the importance of the teaching profession and inform
730	730	individuals about state-funded loan forgiveness and tuition
731	731	assistance programs.
732	732	(c) The commissioner, in cooperation with the commissioner
733	733	of higher education [and the executive director of the State Board
734	734	for Educator Certification], shall annually identify the need for
735	735	teachers in specific subject areas and geographic regions and among
736	736	underrepresented groups. The commissioner shall give priority to
737	737	developing and implementing recruitment programs to address those
738	738	needs from the agency's discretionary funds.
739	739	(d) The agency[, the State Board for Educator
740	740	Certification,] and the Texas Higher Education Coordinating Board
741	741	shall encourage the business community to cooperate with local
742	742	schools to develop recruiting programs designed to attract and
743	743	retain capable teachers, including programs to provide summer
744	744	employment opportunities for teachers.
745	745	(e) The agency[, the State Board for Educator
746	746	Certification,] and the Texas Higher Education Coordinating Board
747	747	shall encourage major education associations to cooperate in
748	748	developing a long-range program promoting teaching as a career and
749	749	to assist in identifying local activities and resources that may be
750	750	used to promote the teaching profession.
751	751	SECTION 26. Subsections (b), (b-1), (c), (d), (e), (f), and
752	752	(g), Section 21.006, Education Code, are amended to read as
753	753	follows:
754	754	(b) In addition to the reporting requirement under Section
755	755	261.101, Family Code, the superintendent or director of a school
756	756	district, open-enrollment charter school, regional education
757	757	service center, or shared services arrangement shall notify the
758	758	commissioner [State Board for Educator Certification] if [the
759	759	superintendent or director has reasonable cause to believe that]:
760	760	(1) an educator [employed by or] seeking employment by
761	761	the district, school, service center, or shared services
762	762	arrangement has a criminal record or the criminal record of an
763	763	educator employed by the district, school, service center, or
764	764	shared services arrangement changes, as determined by commissioner
765	765	rule;
766	766	(2) an educator's employment at the district, school,
767	767	service center, or shared services arrangement was terminated based
768	768	on a determination that the educator:
769	769	(A) abused or otherwise committed an unlawful act
770	770	with a student or minor;
771	771	(A-1) was involved in a romantic relationship
772	772	with or solicited or engaged in sexual contact with a student or
773	773	minor;
774	774	(B) possessed, transferred, sold, or distributed
775	775	a controlled substance, as defined by Chapter 481, Health and
776	776	Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
777	777	subsequent amendments];
778	778	(C) illegally transferred, appropriated, or
779	779	expended funds or other property of the district, school, service
780	780	center, or shared services arrangement;
781	781	(D) attempted by fraudulent or unauthorized
782	782	means to obtain or alter a professional certificate or license for
783	783	the purpose of promotion or additional compensation; or
784	784	(E) committed a criminal offense or any part of a
785	785	criminal offense on school property or at a school-sponsored event;
786	786	(3) the educator resigned and reasonable evidence
787	787	supports a recommendation by the superintendent or director to
788	788	terminate the educator based on a determination that the educator
789	789	engaged in misconduct described by Subdivision (2); or
790	790	(4) the educator engaged in conduct that violated the
791	791	assessment instrument security procedures established under
792	792	Section 39.0301.
793	793	(b-1) A superintendent or director of a school district or
794	794	open-enrollment charter school shall complete an investigation of
795	795	an educator that is based on a reasonable suspicion [cause] to
796	796	believe the educator may have engaged in misconduct described by
797	797	Subsection (b)(2)(A) or (A-1), despite the educator's resignation
798	798	from district or school employment before completion of the
799	799	investigation. The agency shall establish procedures for an
800	800	investigation under this subsection.
801	801	(c) The superintendent or director must notify the
802	802	commissioner [State Board for Educator Certification] by filing a
803	803	report with the commissioner [board] not later than the seventh day
804	804	after the date the superintendent or director first learns about a
805	805	change in an employee's criminal record under Subsection (b)(1) or
806	806	a termination of employment or resignation following an alleged
807	807	incident of misconduct described by Subsection (b). The report
808	808	must be:
809	809	(1) in writing; and
810	810	(2) in a form prescribed by the commissioner [board].
811	811	(d) The superintendent or director shall notify the board of
812	812	trustees or governing body of the school district, open-enrollment
813	813	charter school, regional education service center, or shared
814	814	services arrangement and the educator of the filing of the report
815	815	required by Subsection (c).
816	816	(e) A superintendent or director who in good faith and while
817	817	acting in an official capacity files a report with the commissioner
818	818	[State Board for Educator Certification] under this section is
819	819	immune from civil or criminal liability that might otherwise be
820	820	incurred or imposed.
821	821	(f) The commissioner [State Board for Educator
822	822	Certification] shall determine whether to impose sanctions against
823	823	a superintendent or director who fails to file a report in violation
824	824	of Subsection (c).
825	825	(g) The commissioner [State Board for Educator
826	826	Certification] shall adopt [propose] rules as necessary to
827	827	implement this section.
828	828	SECTION 27. Subsections (b), (c), (d), (e), and (f),
829	829	Section 21.007, Education Code, are amended to read as follows:
830	830	(b) The commissioner [board] shall adopt a procedure for
831	831	placing a notice of alleged misconduct on an educator's public
832	832	certification records. The procedure adopted by the commissioner
833	833	[board] must provide for immediate placement of a notice of alleged
834	834	misconduct on an educator's public certification records if the
835	835	alleged misconduct presents a risk to the health, safety, or
836	836	welfare of a student or minor as determined by the commissioner
837	837	[board].
838	838	(c) The commissioner [board] must notify an educator in
839	839	writing when placing a notice of an alleged incident of misconduct
840	840	on the public certification records of the educator.
841	841	(d) The commissioner [board] must provide an opportunity
842	842	for an educator to show cause why the notice should not be placed on
843	843	the educator's public certification records. The commissioner
844	844	[board] shall adopt [propose] rules establishing the length of time
845	845	that a notice may remain on the educator's public certification
846	846	records before the commissioner [board] must:
847	847	(1) initiate a proceeding to impose a sanction on the
848	848	educator on the basis of the alleged misconduct; or
849	849	(2) remove the notice from the educator's public
850	850	certification records.
851	851	(e) If it is determined that the educator has not engaged in
852	852	the alleged incident of misconduct, the commissioner [board] shall
853	853	immediately remove the notice from the educator's public
854	854	certification records.
855	855	(f) The commissioner [board] shall adopt [propose] rules
856	856	necessary to administer this section.
857	857	SECTION 28. Section 21.031, Education Code, is amended to
858	858	read as follows:
859	859	Sec. 21.031. COMMISSIONER ROLE IN CERTIFICATION OF
860	860	EDUCATORS [PURPOSE]. (a) [The State Board for Educator
861	861	Certification is established to recognize public school educators
862	862	as professionals and to grant educators the authority to govern the
863	863	standards of their profession.] The commissioner [board] shall
864	864	regulate and oversee all aspects of the certification, continuing
865	865	education, and standards of conduct of public school educators.
866	866	(b) In adopting [proposing] rules under this subchapter,
867	867	the commissioner [board] shall ensure that all candidates for
868	868	certification or renewal of certification demonstrate the
869	869	knowledge and skills necessary to improve the performance of the
870	870	diverse student population of this state.
871	871	SECTION 29. Section 21.040, Education Code, is amended to
872	872	read as follows:
873	873	Sec. 21.040. ADVISORY COMMITTEE [GENERAL POWERS AND DUTIES
874	874	OF BOARD]. (a) The commissioner [board] shall[:
875	875	[(1) supervise the executive director's performance;
876	876	[(2) approve an operating budget for the board and
877	877	make a request for appropriations;
878	878	[(3) appoint the members of any advisory committee to
879	879	the board;
880	880	[(4) for each class of educator certificate,] appoint
881	881	an advisory committee [composed of members of that class] to
882	882	recommend standards for educator certification and educator
883	883	preparation programs [that class] to the commissioner [board;
884	884	[(5) provide to its members and employees, as often as
885	885	necessary, information regarding their qualifications for office
886	886	or employment under this chapter and their responsibilities under
887	887	applicable laws relating to standards of conduct for state officers
888	888	or employees;
889	889	[(6) develop and implement policies that clearly
890	890	define the respective responsibilities of the board and the board's
891	891	staff; and
892	892	[(7) execute interagency contracts to perform routine
893	893	administrative functions].
894	894	(b) In appointing the members of the advisory committee
895	895	established under this section, the commissioner shall ensure the
896	896	committee has a balanced representation of teachers,
897	897	administrators, school counselors, and representatives of both
898	898	traditional and alternative certification educator preparation
899	899	programs.
900	900	SECTION 30. Subsections (b), (c), and (d), Section 21.041,
901	901	Education Code, are amended to read as follows:
902	902	(b) The commissioner [board] shall adopt [propose] rules
903	903	that:
904	904	(1) provide for the regulation of educators and the
905	905	general administration of this subchapter in a manner consistent
906	906	with this subchapter;
907	907	(2) specify the classes of educator certificates to be
908	908	issued, including emergency certificates;
909	909	(3) specify the period for which each class of
910	910	educator certificate is valid;
911	911	(4) specify the requirements for the issuance and
912	912	renewal of an educator certificate;
913	913	(5) provide for the issuance of an educator
914	914	certificate to a person who holds a similar certificate issued by
915	915	another state or foreign country, subject to Section 21.052;
916	916	(6) provide for special or restricted certification of
917	917	educators, including certification of instructors of American Sign
918	918	Language;
919	919	(7) provide for disciplinary proceedings, including
920	920	the suspension or revocation of an educator certificate, as
921	921	provided by Chapter 2001, Government Code;
922	922	(8) provide for the adoption, amendment, and
923	923	enforcement of an educator's code of ethics;
924	924	(9) provide for continuing education requirements;
925	925	and
926	926	(10) provide for certification of persons performing
927	927	appraisals under Subchapter H.
928	928	(c) The commissioner [board] shall adopt [propose] a rule
929	929	establishing [adopting] a fee for the issuance and maintenance of
930	930	an educator certificate that, when combined with any fees imposed
931	931	under Subsection (d), is adequate to cover the cost of
932	932	administration of this subchapter.
933	933	(d) The commissioner [board] may adopt [propose] a rule
934	934	establishing [adopting] a fee for the approval or renewal of
935	935	approval of an educator preparation program, or for the addition of
936	936	a certificate or field of certification to the scope of a program's
937	937	approval. A fee imposed under this subsection may not exceed the
938	938	amount necessary, as determined by the commissioner [board], to
939	939	provide for the administrative cost of approving, renewing the
940	940	approval of, and appropriately ensuring the accountability of
941	941	educator preparation programs under this subchapter.
942	942	SECTION 31. Section 21.044, Education Code, as amended by
943	943	Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd
944	944	Legislature, Regular Session, 2011, is reenacted and amended to
945	945	read as follows:
946	946	Sec. 21.044. EDUCATOR PREPARATION. (a) The commissioner
947	947	[board] shall adopt [propose] rules establishing the training
948	948	requirements a person must accomplish to obtain a certificate,
949	949	enter an internship, or enter an induction-year program. The
950	950	commissioner [board] shall specify the minimum academic
951	951	qualifications required for a certificate.
952	952	(b) Any minimum academic qualifications for a certificate
953	953	specified under Subsection (a) that require a person to possess a
954	954	bachelor's degree must also require that the person receive, as
955	955	part of the curriculum for that degree, instruction in detection
956	956	and education of students with dyslexia. This subsection does not
957	957	apply to a person who obtains a certificate through an alternative
958	958	certification program adopted under Section 21.049.
959	959	(c) The instruction under Subsection (b) must:
960	960	(1) be developed by a panel of experts in the diagnosis
961	961	and treatment of dyslexia who are:
962	962	(A) employed by institutions of higher
963	963	education; and
964	964	(B) approved by the commissioner [board]; and
965	965	(2) include information on:
966	966	(A) characteristics of dyslexia;
967	967	(B) identification of dyslexia; and
968	968	(C) effective, multisensory strategies for
969	969	teaching students with dyslexia.
970	970	(d) [(b)] In adopting [proposing] rules under this section,
971	971	the commissioner [board] shall specify that to obtain a certificate
972	972	to teach an "applied STEM course," as that term is defined by
973	973	Section 28.027, at a secondary school, a person must:
974	974	(1) pass the certification test administered by the
975	975	recognized national or international business and industry group
976	976	that created the curriculum the applied STEM course is based on; and
977	977	(2) have at a minimum:
978	978	(A) an associate degree from an accredited
979	979	institution of higher education; and
980	980	(B) three years of work experience in an
981	981	occupation for which the applied STEM course is intended to prepare
982	982	the student.
983	983	SECTION 32. Section 21.045, Education Code, is amended to
984	984	read as follows:
985	985	Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR
986	986	PREPARATION PROGRAMS; PROGRAM APPROVAL AND RENEWAL. (a) The
987	987	commissioner [board] shall adopt [propose] rules establishing
988	988	standards to govern the approval and continuing accountability of
989	989	all educator preparation programs based on the following
990	990	information that is disaggregated with respect to sex and
991	991	ethnicity:
992	992	(1) results of the certification examinations
993	993	prescribed under Section 21.048(a);
994	994	(2) performance based on the appraisal system for
995	995	beginning teachers adopted by the commissioner [board];
996	996	(3) achievement, including improvement in
997	997	achievement, of students taught by beginning teachers for the first
998	998	three years following certification, to the extent practicable; and
999	999	(4) compliance with commissioner [board] requirements
1000	1000	regarding the frequency, duration, and quality of structural
1001	1001	guidance and ongoing support provided by field supervisors to
1002	1002	beginning teachers during their first year in the classroom.
1003	1003	(b) Each educator preparation program shall submit data
1004	1004	elements as required by the commissioner [board] for an annual
1005	1005	performance report to ensure access and equity. At a minimum, the
1006	1006	annual report must contain the performance data from Subsection
1007	1007	(a), other than the data required for purposes of Subsection
1008	1008	(a)(3), and the following information, disaggregated by sex and
1009	1009	ethnicity:
1010	1010	(1) the number of candidates who apply;
1011	1011	(2) the number of candidates admitted;
1012	1012	(3) the number of candidates retained;
1013	1013	(4) the number of candidates completing the program;
1014	1014	(5) the number of candidates employed in the
1015	1015	profession after completing the program;
1016	1016	(6) the number of candidates retained in the
1017	1017	profession; and
1018	1018	(7) any other information required by federal law.
1019	1019	(c) The commissioner [board] shall adopt [propose] rules
1020	1020	establishing performance standards for the Accountability System
1021	1021	for Educator Preparation for accrediting educator preparation
1022	1022	programs. At a minimum, performance standards must be based on
1023	1023	Subsection (a).
1024	1024	(d) The commissioner shall adopt [board may propose] rules
1025	1025	establishing minimum standards for approval or renewal of approval
1026	1026	of:
1027	1027	(1) educator preparation programs; or
1028	1028	(2) certification fields authorized to be offered by
1029	1029	an educator preparation program.
1030	1030	(e) In adopting rules establishing minimum standards for
1031	1031	renewal of approval of educator preparation programs under
1032	1032	Subsection (d)(1), the commissioner shall require that each
1033	1033	educator preparation program obtain renewal of approval every five
1034	1034	years. The commissioner shall adopt an evaluation process to be
1035	1035	used for purposes of educator preparation program renewal. To be
1036	1036	eligible for renewal and continued accreditation, an educator
1037	1037	preparation program must meet basic standards and requirements to
1038	1038	adequately prepare candidates for educator certification, as
1039	1039	determined by the commissioner.
1040	1040	SECTION 33. The heading to Section 21.0451, Education Code,
1041	1041	is amended to read as follows:
1042	1042	Sec. 21.0451. SANCTIONS [UNDER ACCOUNTABILITY SYSTEM] FOR
1043	1043	EDUCATOR PREPARATION PROGRAMS.
1044	1044	SECTION 34. Section 21.0451, Education Code, is amended by
1045	1045	amending Subsection (a) and adding Subsections (e) and (f) to read
1046	1046	as follows:
1047	1047	(a) The commissioner [board] shall adopt [propose] rules
1048	1048	for the sanction of educator preparation programs that do not meet
1049	1049	accountability standards or comply with state law or commissioner
1050	1050	rules and shall annually review the accreditation status of each
1051	1051	educator preparation program. The rules:
1052	1052	(1) shall provide for the assignment of the following
1053	1053	accreditation statuses:
1054	1054	(A) not rated;
1055	1055	(B) accredited;
1056	1056	(C) accredited-warned;
1057	1057	(D) accredited-probation; and
1058	1058	(E) not accredited-revoked;
1059	1059	(2) may provide for the agency to take any necessary
1060	1060	action, including one or more of the following actions:
1061	1061	(A) requiring the program to obtain technical
1062	1062	assistance approved by the agency [or board];
1063	1063	(B) requiring the program to obtain professional
1064	1064	services under contract with another person;
1065	1065	(C) appointing a monitor to participate in and
1066	1066	report to the commissioner [board] on the activities of the
1067	1067	program; and
1068	1068	(D) if a program has been rated as
1069	1069	accredited-probation [under the Accountability System for Educator
1070	1070	Preparation] for a period of at least one year, revoking the
1071	1071	approval of the program and ordering the program to be closed,
1072	1072	provided that the [board or] agency must provide the opportunity
1073	1073	for a hearing before the effective date of the closure; and
1074	1074	(3) shall provide for the agency to revoke the
1075	1075	approval of the program and order the program to be closed if the
1076	1076	program has been rated as accredited-probation [under the
1077	1077	Accountability System for Educator Preparation] for three
1078	1078	consecutive years, provided that the [board or] agency must provide
1079	1079	the opportunity for a hearing before the effective date of the
1080	1080	closure.
1081	1081	(e) The commissioner shall adopt procedures to ensure that
1082	1082	sanctions under this section are applied fairly.
1083	1083	(f) The commissioner shall:
1084	1084	(1) provide information regarding sanctions under
1085	1085	this section to each educator preparation program; and
1086	1086	(2) provide information to at-risk educator
1087	1087	preparation programs about sanctions the specific program could
1088	1088	face, including the consequences of those sanctions, a timeline for
1089	1089	the program to comply with rules and meet accreditation standards,
1090	1090	and how to appeal a sanction under this section.
1091	1091	SECTION 35. Section 21.0452, Education Code, is amended to
1092	1092	read as follows:
1093	1093	Sec. 21.0452. CONSUMER INFORMATION REGARDING EDUCATOR
1094	1094	PREPARATION PROGRAMS. (a) To assist persons interested in
1095	1095	obtaining teaching certification in selecting an educator
1096	1096	preparation program and assist school districts in making staffing
1097	1097	decisions, the commissioner [board] shall make information
1098	1098	regarding educator programs in this state available to the public
1099	1099	through the agency's [board's] Internet website.
1100	1100	(b) The commissioner [board] shall make available at least
1101	1101	the following information regarding each educator preparation
1102	1102	program:
1103	1103	(1) the information specified in Sections 21.045(a)
1104	1104	and (b);
1105	1105	(2) in addition to any other appropriate information
1106	1106	indicating the quality of persons admitted to the program, the
1107	1107	average academic qualifications possessed by persons admitted to
1108	1108	the program, including:
1109	1109	(A) average overall grade point average and
1110	1110	average grade point average in specific subject areas; and
1111	1111	(B) average scores on the Scholastic Assessment
1112	1112	Test (SAT), the American College Test (ACT), or the Graduate Record
1113	1113	Examination (GRE), as applicable;
1114	1114	(3) the degree to which persons who complete the
1115	1115	program are successful in obtaining teaching positions;
1116	1116	(4) the extent to which the program prepares teachers,
1117	1117	including general education teachers and special education
1118	1118	teachers, to effectively teach:
1119	1119	(A) students with disabilities; and
1120	1120	(B) students of limited English proficiency, as
1121	1121	defined by Section 29.052;
1122	1122	(5) the activities offered by the program that are
1123	1123	designed to prepare teachers to:
1124	1124	(A) integrate technology effectively into
1125	1125	curricula and instruction, including activities consistent with
1126	1126	the principles of universal design for learning; and
1127	1127	(B) use technology effectively to collect,
1128	1128	manage, and analyze data to improve teaching and learning for the
1129	1129	purpose of increasing student academic achievement;
1130	1130	(6) the perseverance of beginning teachers in the
1131	1131	profession, as determined on the basis of the number of beginning
1132	1132	teachers who maintain status as active contributing members in the
1133	1133	Teacher Retirement System of Texas for at least three years after
1134	1134	certification in comparison to similar programs;
1135	1135	(7) the results of exit surveys given to program
1136	1136	participants on completion of the program that involve evaluation
1137	1137	of the program's effectiveness in preparing participants to succeed
1138	1138	in the classroom; and
1139	1139	(8) the results of surveys given to school principals
1140	1140	that involve evaluation of the program's effectiveness in preparing
1141	1141	participants to succeed in the classroom, based on experience with
1142	1142	employed program participants.
1143	1143	(c) For purposes of Subsection (b)(7), the commissioner
1144	1144	[board] shall require an educator preparation program to distribute
1145	1145	an exit survey that a program participant must complete before the
1146	1146	participant is eligible to receive a certificate under this
1147	1147	subchapter.
1148	1148	(d) For purposes of Subsections (b)(7) and (8), the
1149	1149	commissioner [board] shall develop surveys for distribution to
1150	1150	program participants and school principals.
1151	1151	(e) The commissioner [board] may develop procedures under
1152	1152	which each educator preparation program receives a designation or
1153	1153	ranking based on the information required to be made available
1154	1154	under Subsection (b). If the commissioner [board] develops
1155	1155	procedures under this subsection, the designation or ranking
1156	1156	received by each program must be included in the information made
1157	1157	available under this section.
1158	1158	(f) In addition to other information required to be made
1159	1159	available under this section, the commissioner [board] shall
1160	1160	provide information identifying employment opportunities for
1161	1161	teachers in the various regions of this state. The commissioner
1162	1162	[board] shall specifically identify each region of this state in
1163	1163	which a shortage of qualified teachers exists.
1164	1164	(g) The commissioner [board] may require any person to
1165	1165	provide information to the commissioner [board] for purposes of
1166	1166	this section.
1167	1167	SECTION 36. Subchapter B, Chapter 21, Education Code, is
1168	1168	amended by adding Sections 21.0454 and 21.0455 to read as follows:
1169	1169	Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION
1170	1170	PROGRAMS; RISK-ASSESSMENT MODEL. (a) The commissioner shall
1171	1171	develop a set of risk factors to use in assessing the overall risk
1172	1172	level of each educator preparation program. The set of risk factors
1173	1173	must include:
1174	1174	(1) a history of the program's compliance with state
1175	1175	law and commissioner rules, standards, and procedures;
1176	1176	(2) the program's operational standards;
1177	1177	(3) whether the program meets the accountability
1178	1178	standards under Section 21.045; and
1179	1179	(4) whether the program is accredited by other
1180	1180	organizations.
1181	1181	(b) The agency shall use the set of risk factors developed
1182	1182	under Subsection (a) to guide the agency in conducting monitoring,
1183	1183	inspections, and compliance audits of educator preparation
1184	1184	programs, including evaluations associated with renewals under
1185	1185	Section 21.045(e).
1186	1186	Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION
1187	1187	PROGRAMS. (a) The commissioner shall adopt rules establishing a
1188	1188	process for a candidate for teacher certification to direct a
1189	1189	complaint against an educator preparation program to the agency.
1190	1190	(b) The commissioner by rule shall require an educator
1191	1191	preparation program to notify candidates for teacher certification
1192	1192	of the complaint process adopted under Subsection (a). The notice
1193	1193	must include the name, mailing address, telephone number, and
1194	1194	Internet website address of the agency for the purpose of directing
1195	1195	complaints to the agency. The educator preparation program shall
1196	1196	provide for that notification:
1197	1197	(1) on the Internet website of the educator
1198	1198	preparation program, if the program maintains a website;
1199	1199	(2) on a sign prominently displayed in program
1200	1200	facilities; and
1201	1201	(3) in any newsletter distributed by the educator
1202	1202	preparation program, if the program distributes a newsletter.
1203	1203	(c) The commissioner shall post the complaint process
1204	1204	adopted under Subsection (a) on the agency's Internet website.
1205	1205	(d) The agency has no authority to arbitrate or resolve
1206	1206	contractual or commercial issues between an educator preparation
1207	1207	program and a candidate for teacher certification.
1208	1208	SECTION 37. Subsections (c) and (d), Section 21.046,
1209	1209	Education Code, are amended to read as follows:
1210	1210	(c) Because an effective principal is essential to school
1211	1211	improvement, the commissioner [board] shall ensure that:
1212	1212	(1) each candidate for certification as a principal is
1213	1213	of the highest caliber; and
1214	1214	(2) multi-level screening processes, validated
1215	1215	comprehensive assessment programs, and flexible internships with
1216	1216	successful mentors exist to determine whether a candidate for
1217	1217	certification as a principal possesses the essential knowledge,
1218	1218	skills, and leadership capabilities necessary for success.
1219	1219	(d) In creating the qualifications for certification as a
1220	1220	principal, the commissioner [board] shall consider the knowledge,
1221	1221	skills, and proficiencies for principals as developed by relevant
1222	1222	national organizations and the State Board of Education.
1223	1223	SECTION 38. Subsections (a) and (b), Section 21.047,
1224	1224	Education Code, are amended to read as follows:
1225	1225	(a) The commissioner [board] may develop the process for the
1226	1226	establishment of centers for professional development through
1227	1227	institutions of higher education for the purpose of integrating
1228	1228	technology and innovative teaching practices in the preservice and
1229	1229	staff development training of public school teachers and
1230	1230	administrators. An institution of higher education with a teacher
1231	1231	education program may develop a center through a collaborative
1232	1232	process involving public schools, regional education service
1233	1233	centers, and other entities or businesses. A center may contract
1234	1234	with other entities to develop materials and provide training.
1235	1235	(b) On application by a center, the commissioner [board]
1236	1236	shall make grants to the center for its programs from funds derived
1237	1237	from gifts, grants, and legislative appropriations for that
1238	1238	purpose. The commissioner [board] shall award the grants on a
1239	1239	competitive basis according to requirements established by
1240	1240	commissioner [the board] rules.
1241	1241	SECTION 39. Subsections (a), (b), and (c), Section 21.048,
1242	1242	Education Code, are amended to read as follows:
1243	1243	(a) The commissioner [board] shall adopt [propose] rules
1244	1244	prescribing comprehensive examinations for each class of
1245	1245	certificate issued by the commissioner [board].
1246	1246	(b) The commissioner [board] may not administer a written
1247	1247	examination to determine the competence or level of performance of
1248	1248	an educator who has a hearing impairment unless the examination has
1249	1249	been field tested to determine its appropriateness, reliability,
1250	1250	and validity as applied to, and minimum acceptable performance
1251	1251	scores for, persons with hearing impairments.
1252	1252	(c) An educator who has a hearing impairment is exempt from
1253	1253	taking a written examination for a period ending on the first
1254	1254	anniversary of the date on which the commissioner [board]
1255	1255	determines, on the basis of appropriate field tests, that the
1256	1256	examination complies with the standards specified in Subsection
1257	1257	(b). On application to the commissioner [board], the commissioner
1258	1258	[board] shall issue a temporary exemption certificate to a person
1259	1259	entitled to an exemption under this subsection.
1260	1260	SECTION 40. Section 21.0481, Education Code, is amended to
1261	1261	read as follows:
1262	1262	Sec. 21.0481. MASTER READING TEACHER CERTIFICATION.
1263	1263	(a) To ensure that there are teachers with special training to
1264	1264	work with other teachers and with students in order to improve
1265	1265	student reading performance, the commissioner [board] shall
1266	1266	establish a master reading teacher certificate.
1267	1267	(b) The commissioner [board] shall issue a master reading
1268	1268	teacher certificate to each eligible person.
1269	1269	(c) To be eligible for a master reading teacher certificate,
1270	1270	a person must:
1271	1271	(1) hold a reading specialist certificate issued under
1272	1272	this subchapter and satisfactorily complete a course of instruction
1273	1273	as prescribed under Subdivision (2)(B); or
1274	1274	(2) hold a teaching certificate issued under this
1275	1275	subchapter and:
1276	1276	(A) have at least three years of teaching
1277	1277	experience;
1278	1278	(B) satisfactorily complete a knowledge-based
1279	1279	and skills-based course of instruction on the science of teaching
1280	1280	children to read that includes training in:
1281	1281	(i) effective reading instruction
1282	1282	techniques, including effective techniques for students whose
1283	1283	primary language is a language other than English;
1284	1284	(ii) identification of dyslexia and related
1285	1285	reading disorders and effective reading instruction techniques for
1286	1286	students with those disorders; and
1287	1287	(iii) effective professional peer
1288	1288	mentoring techniques;
1289	1289	(C) perform satisfactorily on the master reading
1290	1290	teacher certification examination prescribed by the commissioner
1291	1291	[board]; and
1292	1292	(D) satisfy any other requirements prescribed by
1293	1293	the commissioner [board].
1294	1294	SECTION 41. Section 21.0482, Education Code, is amended to
1295	1295	read as follows:
1296	1296	Sec. 21.0482. MASTER MATHEMATICS TEACHER CERTIFICATION.
1297	1297	(a) To ensure that there are teachers with special training to
1298	1298	work with other teachers and with students in order to improve
1299	1299	student mathematics performance, the commissioner [board] shall
1300	1300	establish:
1301	1301	(1) a master mathematics teacher certificate to teach
1302	1302	mathematics at elementary school grade levels;
1303	1303	(2) a master mathematics teacher certificate to teach
1304	1304	mathematics at middle school grade levels; and
1305	1305	(3) a master mathematics teacher certificate to teach
1306	1306	mathematics at high school grade levels.
1307	1307	(b) The commissioner [board] shall issue the appropriate
1308	1308	master mathematics teacher certificate to each eligible person.
1309	1309	(c) To be eligible for a master mathematics teacher
1310	1310	certificate, a person must:
1311	1311	(1) hold a teaching certificate issued under this
1312	1312	subchapter;
1313	1313	(2) have at least three years of teaching experience;
1314	1314	(3) satisfactorily complete a knowledge-based course
1315	1315	of instruction on the science of teaching children mathematics that
1316	1316	includes training in mathematics instruction and professional peer
1317	1317	mentoring techniques that, through scientific testing, have been
1318	1318	proven effective;
1319	1319	(4) perform satisfactorily on the appropriate master
1320	1320	mathematics teacher certification examination prescribed by the
1321	1321	commissioner [board]; and
1322	1322	(5) satisfy any other requirements prescribed by the
1323	1323	commissioner [board].
1324	1324	(d) The course of instruction prescribed under Subsection
1325	1325	(c)(3) shall be developed by the commissioner [board] in
1326	1326	consultation with mathematics and science faculty members at
1327	1327	institutions of higher education.
1328	1328	SECTION 42. Section 21.0483, Education Code, is amended to
1329	1329	read as follows:
1330	1330	Sec. 21.0483. MASTER TECHNOLOGY TEACHER CERTIFICATION.
1331	1331	(a) To ensure that there are teachers with special training to
1332	1332	work with other teachers and with students in order to increase the
1333	1333	use of technology in each classroom, the commissioner [board] shall
1334	1334	establish a master technology teacher certificate.
1335	1335	(b) The commissioner [board] shall issue a master
1336	1336	technology teacher certificate to each eligible person.
1337	1337	(c) To be eligible for a master technology teacher
1338	1338	certificate, a person must:
1339	1339	(1) hold a technology applications or Technology
1340	1340	Education certificate issued under this subchapter, satisfactorily
1341	1341	complete the course of instruction prescribed under Subdivision
1342	1342	(2)(B), and satisfactorily perform on the examination prescribed
1343	1343	under Subdivision (2)(C); or
1344	1344	(2) hold a teaching certificate issued under this
1345	1345	subchapter and:
1346	1346	(A) have at least three years of teaching
1347	1347	experience;
1348	1348	(B) satisfactorily complete a knowledge-based
1349	1349	and skills-based course of instruction on interdisciplinary
1350	1350	technology applications and the science of teaching technology that
1351	1351	includes training in:
1352	1352	(i) effective technology instruction
1353	1353	techniques, including applications designed to meet the
1354	1354	educational needs of students with disabilities;
1355	1355	(ii) classroom teaching methodology that
1356	1356	engages student learning through the integration of technology;
1357	1357	(iii) digital learning competencies,
1358	1358	including Internet research, graphics, animation, website
1359	1359	mastering, and video technologies;
1360	1360	(iv) curriculum models designed to prepare
1361	1361	teachers to facilitate an active student learning environment; and
1362	1362	(v) effective professional peer mentoring
1363	1363	techniques;
1364	1364	(C) satisfactorily perform on an examination
1365	1365	administered at the conclusion of the course of instruction
1366	1366	prescribed under Paragraph (B); and
1367	1367	(D) satisfy any other requirements prescribed by
1368	1368	the commissioner [board].
1369	1369	(d) The commissioner [board] may provide technology
1370	1370	applications training courses under Subsection (c)(2)(B) in
1371	1371	cooperation with:
1372	1372	(1) regional education service centers; and
1373	1373	(2) other public or private entities, including any
1374	1374	state council on technology.
1375	1375	SECTION 43. Section 21.0484, Education Code, is amended to
1376	1376	read as follows:
1377	1377	Sec. 21.0484. MASTER SCIENCE TEACHER CERTIFICATION.
1378	1378	(a) To ensure that there are teachers with special training to
1379	1379	work with other teachers and with students in order to improve
1380	1380	student science performance, the commissioner [board] shall
1381	1381	establish:
1382	1382	(1) a master science teacher certificate to teach
1383	1383	science at elementary school grade levels;
1384	1384	(2) a master science teacher certificate to teach
1385	1385	science at middle school grade levels; and
1386	1386	(3) a master science teacher certificate to teach
1387	1387	science at high school grade levels.
1388	1388	(b) The commissioner [board] shall issue the appropriate
1389	1389	master science teacher certificate to each eligible person.
1390	1390	(c) To be eligible for a master science teacher certificate,
1391	1391	a person must:
1392	1392	(1) hold a teaching certificate issued under this
1393	1393	subchapter;
1394	1394	(2) have at least three years of teaching experience;
1395	1395	(3) satisfactorily complete a knowledge-based course
1396	1396	of instruction on the science of teaching children science that
1397	1397	includes training in science instruction and professional peer
1398	1398	mentoring techniques that, through scientific testing, have been
1399	1399	proven effective;
1400	1400	(4) perform satisfactorily on the appropriate master
1401	1401	science teacher certification examination prescribed by the
1402	1402	commissioner [board]; and
1403	1403	(5) satisfy any other requirements prescribed by the
1404	1404	commissioner [board].
1405	1405	(d) The course of instruction prescribed under Subsection
1406	1406	(c)(3) shall be developed by the commissioner [board] in
1407	1407	consultation with science faculty members at institutions of higher
1408	1408	education.
1409	1409	SECTION 44. Subsection (a), Section 21.0485, Education
1410	1410	Code, is amended to read as follows:
1411	1411	(a) To be eligible to be issued a certificate to teach
1412	1412	students with visual impairments, a person must:
1413	1413	(1) complete either:
1414	1414	(A) all course work required for that
1415	1415	certification in an approved educator preparation program; or
1416	1416	(B) an alternative educator certification
1417	1417	program approved for the purpose by the commissioner [board];
1418	1418	(2) perform satisfactorily on each examination
1419	1419	prescribed under Section 21.048 for certification to teach students
1420	1420	with visual impairments, after completing the course work or
1421	1421	program described by Subdivision (1); and
1422	1422	(3) satisfy any other requirements prescribed by the
1423	1423	commissioner [board].
1424	1424	SECTION 45. Section 21.049, Education Code, is amended to
1425	1425	read as follows:
1426	1426	Sec. 21.049. ALTERNATIVE CERTIFICATION. (a) To provide a
1427	1427	continuing additional source of qualified educators, the
1428	1428	commissioner [board] shall adopt [propose] rules providing for
1429	1429	educator certification programs as an alternative to traditional
1430	1430	educator preparation programs. The rules may not provide that a
1431	1431	person may be certified under this section only if there is a
1432	1432	demonstrated shortage of educators in a school district or subject
1433	1433	area.
1434	1434	(b) The commissioner [board] may not require a person
1435	1435	employed as a teacher in an alternative education program under
1436	1436	Section 37.008 or a juvenile justice alternative education program
1437	1437	under Section 37.011 for at least three years to complete an
1438	1438	alternative educator certification program adopted under this
1439	1439	section before taking the appropriate certification examination.
1440	1440	SECTION 46. Subsections (a) and (b), Section 21.050,
1441	1441	Education Code, are amended to read as follows:
1442	1442	(a) A person who applies for a teaching certificate for
1443	1443	which commissioner [board] rules require a bachelor's degree must
1444	1444	possess a bachelor's degree received with an academic major or
1445	1445	interdisciplinary academic major, including reading, other than
1446	1446	education, that is related to the curriculum as prescribed under
1447	1447	Subchapter A, Chapter 28.
1448	1448	(b) The commissioner [board] may not require more than 18
1449	1449	semester credit hours of education courses at the baccalaureate
1450	1450	level for the granting of a teaching certificate. The commissioner
1451	1451	[board] shall provide for a minimum number of semester credit hours
1452	1452	of internship to be included in the hours needed for certification.
1453	1453	The commissioner [board] may adopt [propose] rules requiring
1454	1454	additional credit hours for certification in bilingual education,
1455	1455	English as a second language, early childhood education, or special
1456	1456	education.
1457	1457	SECTION 47. Subsections (c), (d), (e), and (f), Section
1458	1458	21.051, Education Code, are amended to read as follows:
1459	1459	(c) Subsection (b) applies only to an initial certification
1460	1460	issued on or after September 1, 2012. Subsection (b) does not
1461	1461	affect:
1462	1462	(1) the validity of a certification issued before
1463	1463	September 1, 2012; or
1464	1464	(2) the eligibility of a person who holds a
1465	1465	certification issued before September 1, 2012, to obtain a
1466	1466	subsequent renewal of the certification in accordance with
1467	1467	commissioner [board] rule.
1468	1468	(d) Subsection (b) does not affect the period within which
1469	1469	an individual must complete field-based experience hours as
1470	1470	determined by commissioner [board] rule if the individual is not
1471	1471	accepted into an educator preparation program before the deadline
1472	1472	prescribed by commissioner [board] rule and is hired for a teaching
1473	1473	assignment by a school district after the deadline prescribed by
1474	1474	commissioner [board] rule.
1475	1475	(e) The commissioner [board] shall adopt [propose] rules
1476	1476	relating to the field-based experience required by Subsection (b),
1477	1477	including rules establishing[. The commissioner by rule shall
1478	1478	adopt] procedures and standards for recognizing a private school
1479	1479	under Subsection (b)(2).
1480	1480	(f) The commissioner [board] shall adopt [propose] rules
1481	1481	providing flexible options for persons for any field-based
1482	1482	experience or internship required for certification.
1483	1483	SECTION 48. Subsections (a), (c), (d), (e), (f), and (h),
1484	1484	Section 21.052, Education Code, are amended to read as follows:
1485	1485	(a) The commissioner [board] may issue a certificate to an
1486	1486	educator who applies for a certificate and:
1487	1487	(1) holds:
1488	1488	(A) a degree issued by an institution accredited
1489	1489	by a regional accrediting agency or group that is recognized by a
1490	1490	nationally recognized accreditation board; or
1491	1491	(B) a degree issued by an institution located in
1492	1492	a foreign country, if the degree is equivalent to a degree described
1493	1493	by Paragraph (A);
1494	1494	(2) holds an appropriate certificate or other
1495	1495	credential issued by another state or country; and
1496	1496	(3) performs satisfactorily on:
1497	1497	(A) the examination prescribed under Section
1498	1498	21.048; or
1499	1499	(B) if the educator holds a certificate or other
1500	1500	credential issued by another state or country, an examination
1501	1501	similar to and at least as rigorous as that described by Paragraph
1502	1502	(A) administered to the educator under the authority of that state.
1503	1503	(c) The commissioner [board] may issue a temporary
1504	1504	certificate under this section to an educator who holds a degree
1505	1505	required by Subsection (a)(1) and a certificate or other credential
1506	1506	required by Subsection (a)(2) but who has not satisfied the
1507	1507	requirements prescribed by Subsection (a)(3). Subject to
1508	1508	Subsection (d), the commissioner [board] may specify the term of a
1509	1509	temporary certificate issued under this subsection.
1510	1510	(d) A temporary certificate issued under Subsection (c) to
1511	1511	an educator employed by a school district that has constructed or
1512	1512	expanded at least one instructional facility as a result of
1513	1513	increased student enrollment due to actions taken under the Defense
1514	1514	Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687)
1515	1515	may not expire before the first anniversary of the date on which the
1516	1516	commissioner [board] completes the review of the educator's
1517	1517	credentials and informs the educator of the examination or
1518	1518	examinations under Section 21.048 on which the educator must
1519	1519	perform successfully to receive a standard certificate.
1520	1520	(e) An educator who has submitted all documents required by
1521	1521	the commissioner [board] for certification and who receives a
1522	1522	certificate as provided by Subsection (a) must perform
1523	1523	satisfactorily on the examination prescribed under Section 21.048
1524	1524	not later than the first anniversary of the date the commissioner
1525	1525	[board] completes the review of the educator's credentials and
1526	1526	informs the educator of the examination or examinations under
1527	1527	Section 21.048 on which the educator must perform successfully to
1528	1528	receive a standard certificate.
1529	1529	(f) The commissioner [board] shall post on the
1530	1530	commissioner's [board's] Internet website the procedures for
1531	1531	obtaining a certificate under Subsection (a).
1532	1532	(h) This subsection applies only to an applicant who holds a
1533	1533	certificate or other credential issued by another state in
1534	1534	mathematics, science, special education, or bilingual education,
1535	1535	or another subject area that the commissioner determines has a
1536	1536	shortage of teachers. In any state fiscal year, the commissioner
1537	1537	[board] shall accept or reject, not later than the 14th day after
1538	1538	the date the commissioner [board] receives the completed
1539	1539	application, at least 90 percent of the applications the
1540	1540	commissioner [board] receives for a certificate under this
1541	1541	subsection, and shall accept or reject all completed applications
1542	1542	the commissioner [board] receives under this subsection not later
1543	1543	than the 30th day after the date the commissioner [board] receives
1544	1544	the completed application. An applicant under this subsection must
1545	1545	submit:
1546	1546	(1) a letter of good standing from the state in which
1547	1547	the teacher is certified on a form determined by the commissioner
1548	1548	[board];
1549	1549	(2) information necessary to complete a national
1550	1550	criminal history record information review; and
1551	1551	(3) an application fee as required by the commissioner
1552	1552	[board].
1553	1553	SECTION 49. Subsection (a), Section 21.054, Education Code,
1554	1554	is amended to read as follows:
1555	1555	(a) The commissioner [board] shall adopt [propose] rules
1556	1556	establishing a process for identifying continuing education
1557	1557	courses and programs that fulfill educators' continuing education
1558	1558	requirements.
1559	1559	SECTION 50. Subsection (a), Section 21.055, Education Code,
1560	1560	is amended to read as follows:
1561	1561	(a) As provided by this section, a school district may issue
1562	1562	a school district teaching permit and employ as a teacher a person
1563	1563	who does not hold a teaching certificate issued by the commissioner
1564	1564	[board].
1565	1565	SECTION 51. Section 21.056, Education Code, is amended to
1566	1566	read as follows:
1567	1567	Sec. 21.056. ADDITIONAL CERTIFICATION. The commissioner
1568	1568	[board] by rule shall provide for a certified educator to qualify
1569	1569	for additional certification to teach at a grade level or in a
1570	1570	subject area not covered by the educator's certificate upon
1571	1571	satisfactory completion of an examination or other assessment of
1572	1572	the educator's qualification.
1573	1573	SECTION 52. Subsection (d), Section 21.057, Education Code,
1574	1574	is amended to read as follows:
1575	1575	(d) For purposes of this section, "inappropriately
1576	1576	certified or uncertified teacher":
1577	1577	(1) includes:
1578	1578	(A) an individual serving on an emergency
1579	1579	certificate issued under Section 21.041(b)(2); or
1580	1580	(B) an individual who does not hold any
1581	1581	certificate or permit issued under this chapter and is not employed
1582	1582	as specified by Subdivision (2)(E); and
1583	1583	(2) does not include an individual:
1584	1584	(A) who is a certified teacher assigned to teach
1585	1585	a class or classes outside his or her area of certification, as
1586	1586	determined by rules adopted [proposed] by the commissioner [board]
1587	1587	in specifying the certificate required for each assignment;
1588	1588	(B) serving on a certificate issued due to a
1589	1589	hearing impairment under Section 21.048;
1590	1590	(C) serving on a certificate issued pursuant to
1591	1591	enrollment in an approved alternative certification program under
1592	1592	Section 21.049;
1593	1593	(D) certified by another state or country and
1594	1594	serving on a certificate issued under Section 21.052;
1595	1595	(E) serving on a school district teaching permit
1596	1596	issued under Section 21.055; or
1597	1597	(F) employed under a waiver granted by the
1598	1598	commissioner pursuant to Section 7.056.
1599	1599	SECTION 53. Subsections (b) and (d), Section 21.058,
1600	1600	Education Code, are amended to read as follows:
1601	1601	(b) Notwithstanding Section 21.041(b)(7), not later than
1602	1602	the fifth day after the date the commissioner [board] receives
1603	1603	notice under Article 42.018, Code of Criminal Procedure, of the
1604	1604	conviction of a person who holds a certificate under this
1605	1605	subchapter, the commissioner [board] shall:
1606	1606	(1) revoke the certificate held by the person; and
1607	1607	(2) provide to the person and to any school district or
1608	1608	open-enrollment charter school employing the person at the time of
1609	1609	revocation written notice of:
1610	1610	(A) the revocation; and
1611	1611	(B) the basis for the revocation.
1612	1612	(d) A person whose certificate is revoked under Subsection
1613	1613	(b) may reapply for a certificate in accordance with commissioner
1614	1614	[board] rules.
1615	1615	SECTION 54. Section 21.060, Education Code, is amended to
1616	1616	read as follows:
1617	1617	Sec. 21.060. ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN
1618	1618	OFFENSES. The commissioner [board] may suspend or revoke the
1619	1619	certificate or permit held by a person under this subchapter,
1620	1620	impose other sanctions against the person, or refuse to issue a
1621	1621	certificate or permit to a person under this subchapter if the
1622	1622	person has been convicted of a felony or misdemeanor offense
1623	1623	relating to the duties and responsibilities of the education
1624	1624	profession, including:
1625	1625	(1) an offense involving moral turpitude;
1626	1626	(2) an offense involving a form of sexual or physical
1627	1627	abuse of a minor or student or other illegal conduct in which the
1628	1628	victim is a minor or student;
1629	1629	(3) a felony offense involving the possession,
1630	1630	transfer, sale, or distribution of or conspiracy to possess,
1631	1631	transfer, sell, or distribute a controlled substance, as defined by
1632	1632	Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
1633	1633	seq.;
1634	1634	(4) an offense involving the illegal transfer,
1635	1635	appropriation, or use of school district funds or other district
1636	1636	property; or
1637	1637	(5) an offense involving an attempt by fraudulent or
1638	1638	unauthorized means to obtain or alter a professional certificate or
1639	1639	license issued under this subchapter.
1640	1640	SECTION 55. Subchapter B, Chapter 21, Education Code, is
1641	1641	amended by adding Sections 21.062 and 21.063 to read as follows:
1642	1642	Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an
1643	1643	investigation by the commissioner of an educator for an alleged
1644	1644	incident of misconduct, the commissioner may issue a subpoena to
1645	1645	compel the production, for inspection or copying, of relevant
1646	1646	evidence that is located in this state.
1647	1647	(b) A subpoena may be served personally or by certified
1648	1648	mail.
1649	1649	(c) If a person fails to comply with a subpoena, the
1650	1650	commissioner, acting through the attorney general, may file suit to
1651	1651	enforce the subpoena in a district court in this state. On finding
1652	1652	that good cause exists for issuing the subpoena, the court shall
1653	1653	order the person to comply with the subpoena. The court may punish
1654	1654	a person who fails to obey the court order.
1655	1655	(d) All information and materials subpoenaed or compiled in
1656	1656	connection with an investigation described by Subsection (a) are
1657	1657	confidential and not subject to disclosure under Chapter 552,
1658	1658	Government Code.
1659	1659	(e) Except as provided by a protective order, and
1660	1660	notwithstanding Subsection (d), all information and materials
1661	1661	subpoenaed or compiled in connection with an investigation
1662	1662	described by Subsection (a) may be used in a disciplinary
1663	1663	proceeding against an educator based on an alleged incident of
1664	1664	misconduct.
1665	1665	Sec. 21.063. DISCIPLINARY MATRIX. (a) The commissioner
1666	1666	shall create a matrix to provide guidelines for ensuring the fair
1667	1667	and consistent application of disciplinary sanctions for educators
1668	1668	certified under this chapter who commit violations of this chapter
1669	1669	or a rule adopted under this chapter. In developing the matrix, the
1670	1670	commissioner shall consider the range of appropriate sanctions
1671	1671	available for a violation based on:
1672	1672	(1) the severity of the violation;
1673	1673	(2) the number of repeat violations;
1674	1674	(3) whether the sanction serves as a deterrent to
1675	1675	subsequent violations; and
1676	1676	(4) any aggravating or mitigating factors.
1677	1677	(b) The matrix developed under Subsection (a) does not
1678	1678	prevent the commissioner from exercising discretion based on the
1679	1679	specific circumstances of an individual case.
1680	1680	(c) In developing the matrix under Subsection (a), the
1681	1681	commissioner shall provide for public comment.
1682	1682	(d) The commissioner shall make the matrix developed under
1683	1683	Subsection (a) available to the public through posting the matrix
1684	1684	on the agency's Internet website and through other appropriate
1685	1685	means.
1686	1686	SECTION 56. Subsection (c), Section 21.105, Education Code,
1687	1687	is amended to read as follows:
1688	1688	(c) On written complaint by the employing district, the
1689	1689	commissioner [State Board for Educator Certification] may impose
1690	1690	sanctions against a teacher employed under a probationary contract
1691	1691	who:
1692	1692	(1) resigns;
1693	1693	(2) fails without good cause to comply with Subsection
1694	1694	(a) or (b); and
1695	1695	(3) fails to perform the contract.
1696	1696	SECTION 57. Subsection (c), Section 21.160, Education Code,
1697	1697	is amended to read as follows:
1698	1698	(c) On written complaint by the employing district, the
1699	1699	commissioner [State Board for Educator Certification] may impose
1700	1700	sanctions against a teacher who is employed under a continuing
1701	1701	contract that obligates the district to employ the person for the
1702	1702	following school year and who:
1703	1703	(1) resigns;
1704	1704	(2) fails without good cause to comply with Subsection
1705	1705	(a) or (b); and
1706	1706	(3) fails to perform the contract.
1707	1707	SECTION 58. Subsection (c), Section 21.210, Education Code,
1708	1708	is amended to read as follows:
1709	1709	(c) On written complaint by the employing district, the
1710	1710	commissioner [State Board for Educator Certification] may impose
1711	1711	sanctions against a teacher who is employed under a term contract
1712	1712	that obligates the district to employ the person for the following
1713	1713	school year and who:
1714	1714	(1) resigns;
1715	1715	(2) fails without good cause to comply with Subsection
1716	1716	(a) or (b); and
1717	1717	(3) fails to perform the contract.
1718	1718	SECTION 59. Subsection (a), Section 21.253, Education Code,
1719	1719	is amended to read as follows:
1720	1720	(a) A teacher must file a written request for a hearing
1721	1721	under this subchapter with the district [commissioner] not later
1722	1722	than the 15th day after the date the teacher receives written notice
1723	1723	of the proposed action. [The teacher must provide the district with
1724	1724	a copy of the request and must provide the commissioner with a copy
1725	1725	of the notice.]
1726	1726	SECTION 60. Subsections (b) and (e), Section 21.254,
1727	1727	Education Code, are amended to read as follows:
1728	1728	(b) If a hearing examiner is not selected by the parties to a
1729	1729	pending case under Subsection (e), the [The] commissioner shall
1730	1730	immediately assign the hearing examiner for a particular case by
1731	1731	selecting the next person named on the list who resides within
1732	1732	reasonable proximity to the district as determined by the
1733	1733	commissioner. The commissioner may not change the order of names
1734	1734	once the order is established under this section, except that once
1735	1735	each hearing examiner on the list has been assigned to a case, the
1736	1736	names shall be randomly reordered. When a hearing examiner has been
1737	1737	assigned to a case, the commissioner shall immediately notify the
1738	1738	parties. An assignment under this section is final.
1739	1739	(e) After the teacher receives the notice of the proposed
1740	1740	action, the parties by agreement may select a hearing examiner from
1741	1741	the list maintained by the commissioner under Subsection (a) or a
1742	1742	person who is not certified to serve as a hearing examiner. A
1743	1743	person who is not a certified hearing examiner may be selected only
1744	1744	if the person is licensed to practice law in this state. If the
1745	1745	parties do not agree on a hearing examiner, the parties shall
1746	1746	request an assignment from[, before the date the commissioner is
1747	1747	permitted to assign a hearing examiner, notify] the commissioner
1748	1748	under Subsection (b) not later than the 25th calendar day after the
1749	1749	date the teacher receives the notice of the proposed action [in
1750	1750	writing of the agreement, including the name of the hearing
1751	1751	examiner selected].
1752	1752	SECTION 61. Subsection (d), Section 21.255, Education Code,
1753	1753	is amended to read as follows:
1754	1754	(d) If the hearing examiner is unable to continue presiding
1755	1755	over a case at any time before issuing a recommendation or decision,
1756	1756	the parties shall select by agreement or request the assignment of
1757	1757	another hearing examiner under Section 21.254 who, after a review
1758	1758	of the record, shall perform any remaining functions without the
1759	1759	necessity of repeating any previous proceedings.
1760	1760	SECTION 62. Subsection (g), Section 21.4021, Education
1761	1761	Code, is amended to read as follows:
1762	1762	(g) If a board of trustees adopts a furlough program after
1763	1763	the date by which a teacher must give notice of resignation under
1764	1764	Section 21.105, 21.160, or 21.210, as applicable, a teacher who
1765	1765	subsequently resigns is not subject to sanctions imposed by the
1766	1766	commissioner [State Board for Educator Certification] as otherwise
1767	1767	authorized by those sections.
1768	1768	SECTION 63. Section 21.503, Education Code, is amended to
1769	1769	read as follows:
1770	1770	Sec. 21.503. ELIGIBILITY. A person is eligible for the
1771	1771	program if the person:
1772	1772	(1) has served in the armed forces of the United
1773	1773	States;
1774	1774	(2) is honorably discharged, retired, or released from
1775	1775	active duty on or after October 1, 1990, after at least six years of
1776	1776	continuous active duty service immediately before the discharge,
1777	1777	retirement, or release;
1778	1778	(3) has received a baccalaureate or advanced degree
1779	1779	from a public or private institution of higher education accredited
1780	1780	by a regional accrediting agency or group that is recognized by a
1781	1781	nationally recognized accreditation board; and
1782	1782	(4) satisfies any other criteria for selection
1783	1783	[jointly] prescribed by the agency [and the State Board for
1784	1784	Educator Certification].
1785	1785	SECTION 64. Subsection (b), Section 21.504, Education Code,
1786	1786	is amended to read as follows:
1787	1787	(b) The agency [and the State Board for Educator
1788	1788	Certification] shall distribute the applications and information
1789	1789	regarding the program.
1790	1790	SECTION 65. Subsection (c), Section 21.510, Education Code,
1791	1791	is amended to read as follows:
1792	1792	(c) For purposes of this section, a participant in the
1793	1793	program is not considered to be in violation of an agreement under
1794	1794	Section 21.508 during any period in which the participant:
1795	1795	(1) is pursuing a full-time course of study related to
1796	1796	the field of teaching at a public or private institution of higher
1797	1797	education approved by the commissioner [State Board for Educator
1798	1798	Certification];
1799	1799	(2) is serving on active duty as a member of the armed
1800	1800	forces of the United States;
1801	1801	(3) is temporarily totally disabled for a period not
1802	1802	to exceed three years as established by sworn affidavit of a
1803	1803	qualified physician;
1804	1804	(4) is unable to secure employment for a period not to
1805	1805	exceed one year because of care required by a disabled spouse;
1806	1806	(5) is seeking and unable to find full-time employment
1807	1807	as a teacher in a public elementary or secondary school for a single
1808	1808	period not to exceed 27 months; or
1809	1809	(6) satisfies the provisions of any additional
1810	1810	reimbursement exception adopted by the agency.
1811	1811	SECTION 66. Sections 21.551 and 21.553, Education Code, are
1812	1812	amended to read as follows:
1813	1813	Sec. 21.551. PURPOSES. The purposes of the alternative
1814	1814	certification Teach for Texas Pilot Program are to:
1815	1815	(1) attract to the teaching profession persons who
1816	1816	have expressed interest in teaching and to support the
1817	1817	certification of those persons as teachers;
1818	1818	(2) recognize the importance of the certification
1819	1819	process [governed by the State Board for Educator Certification]
1820	1820	under Subchapter B, which requires verification of competence in
1821	1821	subject area and professional knowledge and skills;
1822	1822	(3) encourage the creation and expansion of educator
1823	1823	preparation programs that recognize the knowledge and skills gained
1824	1824	through previous educational and work-related experiences and that
1825	1825	are delivered in a manner that recognizes individual circumstances,
1826	1826	including the need to remain employed full-time while enrolled in
1827	1827	the Teach for Texas Pilot Program; and
1828	1828	(4) provide annual stipends to postbaccalaureate
1829	1829	teacher certification candidates.
1830	1830	Sec. 21.553. FINANCIAL INCENTIVES. (a) The pilot program
1831	1831	must offer to participants financial incentives, including tuition
1832	1832	assistance and loan forgiveness. In offering a financial
1833	1833	incentive, the commissioner [State Board for Educator
1834	1834	Certification] shall:
1835	1835	(1) require a contract between each participant who
1836	1836	accepts a financial incentive and the commissioner [State Board for
1837	1837	Educator Certification] under which the participant is obligated to
1838	1838	teach in a public school in this state for a stated period after
1839	1839	certification;
1840	1840	(2) provide financial incentives in proportion to the
1841	1841	length of the period the participant is obligated by contract to
1842	1842	teach after certification; and
1843	1843	(3) give special financial incentives to a participant
1844	1844	who agrees in the contract to teach in an underserved area.
1845	1845	(b) Financial incentives may be paid only from funds
1846	1846	appropriated specifically for that purpose and from gifts, grants,
1847	1847	and donations solicited or accepted by the commissioner [State
1848	1848	Board for Educator Certification] for that purpose.
1849	1849	(c) The commissioner [State Board for Educator
1850	1850	Certification] shall adopt [propose] rules establishing criteria
1851	1851	for awarding financial incentives under this section, including
1852	1852	criteria for awarding financial incentives if there are more
1853	1853	participants than funds available to provide the financial
1854	1854	incentives.
1855	1855	SECTION 67. Subsection (b), Section 21.604, Education Code,
1856	1856	is amended to read as follows:
1857	1857	(b) The agency [and the State Board for Educator
1858	1858	Certification] shall distribute the applications and information
1859	1859	regarding the program.
1860	1860	SECTION 68. Subsection (c), Section 21.609, Education Code,
1861	1861	is amended to read as follows:
1862	1862	(c) For purposes of this section, a participant in the
1863	1863	program is not considered to be in violation of an agreement under
1864	1864	Section 21.607 during any period in which the participant:
1865	1865	(1) is pursuing a full-time course of study related to
1866	1866	the field of teaching at an institution of higher education
1867	1867	approved by the commissioner [State Board for Educator
1868	1868	Certification];
1869	1869	(2) is serving on active duty as a member of the armed
1870	1870	forces of the United States;
1871	1871	(3) is temporarily totally disabled for a period not
1872	1872	to exceed three years as established by affidavit of a qualified
1873	1873	physician;
1874	1874	(4) is unable to secure employment for a period not to
1875	1875	exceed one year because of care required by a disabled spouse;
1876	1876	(5) is seeking and unable to find full-time employment
1877	1877	as a teacher in a public elementary or secondary school for a single
1878	1878	period not to exceed 27 months; or
1879	1879	(6) satisfies the provisions of any additional
1880	1880	reimbursement exception adopted by the agency.
1881	1881	SECTION 69. Subsection (b), Section 22.0512, Education
1882	1882	Code, is amended to read as follows:
1883	1883	(b) In this section, "disciplinary proceeding" means:
1884	1884	(1) an action brought by the school district employing
1885	1885	a professional employee of a school district to discharge or
1886	1886	suspend the employee or terminate or not renew the employee's term
1887	1887	contract; or
1888	1888	(2) an action brought by the commissioner [State Board
1889	1889	for Educator Certification] to enforce the educator's code of
1890	1890	ethics adopted under Section 21.041(b)(8).
1891	1891	SECTION 70. Section 22.082, Education Code, is amended to
1892	1892	read as follows:
1893	1893	Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY
1894	1894	COMMISSIONER [STATE BOARD FOR EDUCATOR CERTIFICATION]. The
1895	1895	commissioner [State Board for Educator Certification] shall
1896	1896	subscribe to the criminal history clearinghouse as provided by
1897	1897	Section 411.0845, Government Code, and may obtain from any law
1898	1898	enforcement or criminal justice agency all criminal history record
1899	1899	information and all records contained in any closed criminal
1900	1900	investigation file that relate to a specific applicant for or
1901	1901	holder of a certificate issued under Subchapter B, Chapter 21.
1902	1902	SECTION 71. Subsections (c), (d), (e), and (f), Section
1903	1903	22.0831, Education Code, are amended to read as follows:
1904	1904	(c) The commissioner [board] shall review the national
1905	1905	criminal history record information of a person who has not
1906	1906	previously submitted fingerprints to the department or been subject
1907	1907	to a national criminal history record information review.
1908	1908	(d) The commissioner [board] shall place an educator's
1909	1909	certificate on inactive status for failure to comply with a
1910	1910	deadline for submitting information required under this section.
1911	1911	(e) The commissioner [board] may allow a person who is
1912	1912	applying for a certificate under Subchapter B, Chapter 21, and who
1913	1913	currently resides in another state to submit the person's
1914	1914	fingerprints and other required information in a manner that does
1915	1915	not impose an undue hardship on the person.
1916	1916	(f) The commissioner [board] may adopt [propose] rules to
1917	1917	implement this section, including rules establishing:
1918	1918	(1) deadlines for a person to submit fingerprints and
1919	1919	photographs in compliance with this section; and
1920	1920	(2) sanctions for a person's failure to comply with the
1921	1921	requirements of this section, including suspension or revocation of
1922	1922	a certificate or refusal to issue a certificate.
1923	1923	SECTION 72. Subsection (a), Section 22.0832, Education
1924	1924	Code, is amended to read as follows:
1925	1925	(a) The agency shall review the national criminal history
1926	1926	record information of an employee of an open-enrollment charter
1927	1927	school to whom Section 12.1059 applies in the same manner as the
1928	1928	commissioner [State Board for Educator Certification] reviews
1929	1929	certified educators under Section 22.0831. If the agency
1930	1930	determines that, based on information contained in an employee's
1931	1931	criminal history record information, the employee would not be
1932	1932	eligible for educator certification under Subchapter B, Chapter 21,
1933	1933	the agency shall notify the open-enrollment charter school in
1934	1934	writing that the person may not be employed by the school or serve
1935	1935	in a capacity described by Section 12.1059.
1936	1936	SECTION 73. Subsection (h), Section 22.0833, Education
1937	1937	Code, is amended to read as follows:
1938	1938	(h) The agency, [the State Board for Educator
1939	1939	Certification,] school districts, open-enrollment charter schools,
1940	1940	and shared services arrangements may coordinate as necessary to
1941	1941	ensure that criminal history reviews authorized or required under
1942	1942	this subchapter are not unnecessarily duplicated.
1943	1943	SECTION 74. Subsections (d) and (e), Section 22.085,
1944	1944	Education Code, are amended to read as follows:
1945	1945	(d) A school district, open-enrollment charter school,
1946	1946	private school, regional education service center, or shared
1947	1947	services arrangement may discharge an employee if the district or
1948	1948	school obtains information of the employee's conviction of a felony
1949	1949	or of a misdemeanor involving moral turpitude that the employee did
1950	1950	not disclose to the commissioner [State Board for Educator
1951	1951	Certification] or the district, school, service center, or shared
1952	1952	services arrangement. An employee discharged under this section is
1953	1953	considered to have been discharged for misconduct for purposes of
1954	1954	Section 207.044, Labor Code. For purposes of this subsection, a
1955	1955	disclosure to the State Board for Educator Certification before
1956	1956	September 1, 2013, is considered a disclosure to the commissioner.
1957	1957	(e) The commissioner [State Board for Educator
1958	1958	Certification] may impose a sanction on an educator who does not
1959	1959	discharge an employee or refuse to hire an applicant if the educator
1960	1960	knows or should have known, through a criminal history record
1961	1961	information review, that the employee or applicant has been
1962	1962	convicted of an offense described by Subsection (a).
1963	1963	SECTION 75. Sections 22.086 and 22.087, Education Code, are
1964	1964	amended to read as follows:
1965	1965	Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The
1966	1966	commissioner [State Board for Educator Certification], a school
1967	1967	district, an open-enrollment charter school, a private school, a
1968	1968	regional education service center, a shared services arrangement,
1969	1969	or an employee of the agency [board], district, school, service
1970	1970	center, or shared services arrangement is not civilly or criminally
1971	1971	liable for making a report required under this subchapter.
1972	1972	Sec. 22.087. NOTIFICATION TO COMMISSIONER [STATE BOARD FOR
1973	1973	EDUCATOR CERTIFICATION]. The superintendent of a school district
1974	1974	or the director of an open-enrollment charter school, private
1975	1975	school, regional education service center, or shared services
1976	1976	arrangement shall promptly notify the commissioner [State Board for
1977	1977	Educator Certification] in writing if the person obtains or has
1978	1978	knowledge of information showing that an applicant for or holder of
1979	1979	a certificate issued under Subchapter B, Chapter 21, has a reported
1980	1980	criminal history.
1981	1981	SECTION 76. Subsection (b), Section 25.001, Education Code,
1982	1982	is amended to read as follows:
1983	1983	(b) The board of trustees of a school district or its
1984	1984	designee shall admit into the public schools of the district free of
1985	1985	tuition a person who is over five and younger than 21 years of age on
1986	1986	the first day of September of the school year in which admission is
1987	1987	sought, and may admit a person who is at least 21 years of age and
1988	1988	under 26 years of age for the purpose of completing the requirements
1989	1989	for a high school diploma, if:
1990	1990	(1) the person and either parent of the person reside
1991	1991	in the school district;
1992	1992	(2) the person does not reside in the school district
1993	1993	but a parent of the person resides in the school district and that
1994	1994	parent is a joint managing conservator or the sole managing
1995	1995	conservator or possessory conservator of the person;
1996	1996	(3) the person and the person's guardian or other
1997	1997	person having lawful control of the person under a court order
1998	1998	reside within the school district;
1999	1999	(4) the person has established a separate residence
2000	2000	under Subsection (d);
2001	2001	(5) the person is homeless, as defined by 42 U.S.C.
2002	2002	Section 11302, regardless of the residence of the person, of either
2003	2003	parent of the person, or of the person's guardian or other person
2004	2004	having lawful control of the person;
2005	2005	(6) the person is a foreign exchange student placed
2006	2006	with a host family that resides in the school district by a
2007	2007	nationally recognized foreign exchange program[, unless the school
2008	2008	district has applied for and been granted a waiver by the
2009	2009	commissioner under Subsection (e)];
2010	2010	(7) the person resides at a residential facility
2011	2011	located in the district;
2012	2012	(8) the person resides in the school district and is 18
2013	2013	years of age or older or the person's disabilities of minority have
2014	2014	been removed; or
2015	2015	(9) the person does not reside in the school district
2016	2016	but the grandparent of the person:
2017	2017	(A) resides in the school district; and
2018	2018	(B) provides a substantial amount of
2019	2019	after-school care for the person as determined by the board.
2020	2020	SECTION 77. Subsection (d), Section 28.014, Education Code,
2021	2021	is amended to read as follows:
2022	2022	(d) The agency, in coordination with the Texas Higher
2023	2023	Education Coordinating Board, shall adopt a series of questions to
2024	2024	be included in an end-of-course assessment instrument administered
2025	2025	under Subsection (c) to be used for purposes of Section 51.3062.
2026	2026	The questions must be developed in a manner consistent with any
2027	2027	college readiness standards adopted under Section [Sections 39.233
2028	2028	and] 51.3062.
2029	2029	SECTION 78. Section 29.007, Education Code, is amended to
2030	2030	read as follows:
2031	2031	Sec. 29.007. SHARED SERVICES ARRANGEMENTS. School
2032	2032	districts may enter into a written contract to jointly operate
2033	2033	their special education programs. [The contract must be approved
2034	2034	by the commissioner.] Funds to which the cooperating districts are
2035	2035	entitled may be allocated to the districts jointly as shared
2036	2036	services arrangement units or shared services arrangement funds in
2037	2037	accordance with the shared services arrangement districts'
2038	2038	agreement.
2039	2039	SECTION 79. Subsections (a), (b), (c), and (e), Section
2040	2040	29.061, Education Code, are amended to read as follows:
2041	2041	(a) The commissioner [State Board for Educator
2042	2042	Certification] shall provide for the issuance of teaching
2043	2043	certificates appropriate for bilingual education instruction to
2044	2044	teachers who possess a speaking, reading, and writing ability in a
2045	2045	language other than English in which bilingual education programs
2046	2046	are offered and who meet the general requirements of Chapter 21.
2047	2047	The commissioner [board] shall also provide for the issuance of
2048	2048	teaching certificates appropriate for teaching English as a second
2049	2049	language. The commissioner [board] may issue emergency
2050	2050	endorsements in bilingual education and in teaching English as a
2051	2051	second language.
2052	2052	(b) A teacher assigned to a bilingual education program must
2053	2053	be appropriately certified for bilingual education by the
2054	2054	commissioner [board].
2055	2055	(c) A teacher assigned to an English as a second language or
2056	2056	other special language program must be appropriately certified for
2057	2057	English as a second language by the commissioner [board].
2058	2058	(e) The commissioner [State Board for Educator
2059	2059	Certification] and the Texas Higher Education Coordinating Board
2060	2060	shall develop a comprehensive plan for meeting the teacher supply
2061	2061	needs created by the programs outlined in this subchapter.
2062	2062	SECTION 80. The heading to Subchapter H, Chapter 29,
2063	2063	Education Code, is amended to read as follows:
2064	2064	SUBCHAPTER H. [ADULT AND] COMMUNITY EDUCATION PROGRAMS
2065	2065	SECTION 81. Subdivision (4), Section 29.251, Education
2066	2066	Code, is amended to read as follows:
2067	2067	(4) "Community education" means the process by which
2068	2068	the citizens in a school district, using the resources and
2069	2069	facilities of the district, organize to support each other and to
2070	2070	solve their mutual educational problems and meet their mutual
2071	2071	lifelong needs. Community education may include:
2072	2072	(A) educational programs, including programs
2073	2073	relating to [for occupational and technological skills training,
2074	2074	retraining of displaced workers,] cultural awareness, parenting
2075	2075	skills education and parental involvement in school programs, and
2076	2076	multilevel adult education and personal growth;
2077	2077	(B) community involvement programs, including
2078	2078	programs for community economic development, school volunteers,
2079	2079	partnerships between schools and businesses, coordination with
2080	2080	community agencies, school-age child care, family [and workplace]
2081	2081	literacy, and community use of facilities; and
2082	2082	(C) programs for youth enrolled in schools,
2083	2083	including programs for dropout prevention and recovery programs,
2084	2084	drug-free school programs, school-age parenting programs, and
2085	2085	academic enhancement.
2086	2086	SECTION 82. Section 29.252, Education Code, is amended to
2087	2087	read as follows:
2088	2088	Sec. 29.252. AGENCY [STATE] ROLE IN [ADULT AND] COMMUNITY
2089	2089	EDUCATION. (a) The agency shall:
2090	2090	(1) [provide adequate staffing to develop,
2091	2091	administer, and support a comprehensive statewide adult education
2092	2092	program and coordinate related federal and state programs for
2093	2093	education and training of adults;
2094	2094	[(2)] develop, implement, and regulate a
2095	2095	comprehensive statewide program for community [level] education
2096	2096	services [to meet the special needs of adults];
2097	2097	(2) [(3) develop the mechanism and guidelines for
2098	2098	coordination of comprehensive adult education and related skill
2099	2099	training services for adults with other agencies, both public and
2100	2100	private, in planning, developing, and implementing related
2101	2101	programs, including community education programs;
2102	2102	[(4)] administer all state and federal funds for
2103	2103	community [adult] education [and related skill training] in this
2104	2104	state, other than funds that [except in programs for which] another
2105	2105	entity is specifically authorized to administer [do so] under other
2106	2106	law; and
2107	2107	(3) [(5) prescribe and administer standards and
2108	2108	accrediting policies for adult education;
2109	2109	[(6) prescribe and administer rules for teacher
2110	2110	certification for adult education;
2111	2111	[(7)] accept and administer grants, gifts, services,
2112	2112	and funds from available sources for use in community [adult]
2113	2113	education[;
2114	2114	[(8) adopt or develop and administer a standardized
2115	2115	assessment mechanism for assessing all adult education program
2116	2116	participants who need literacy instruction, adult basic education,
2117	2117	or secondary education leading to an adult high school diploma or
2118	2118	the equivalent;
2119	2119	[(9) collaborate with the Texas Workforce Commission
2120	2120	to improve the coordination and implementation of adult education
2121	2121	and literacy services in this state; and
2122	2122	[(10) monitor and evaluate educational and employment
2123	2123	outcomes of students who participate in the agency's adult
2124	2124	education and literacy programs].
2125	2125	(b) The commissioner may adopt rules for the administration
2126	2126	of this subchapter [assessment mechanism prescribed under
2127	2127	Subsection (a)(8) must include an initial basic skills screening
2128	2128	instrument and must provide comprehensive information concerning
2129	2129	baseline student skills before and student progress after
2130	2130	participation in an adult education program].
2131	2131	SECTION 83. Section 29.255, Education Code, is amended to
2132	2132	read as follows:
2133	2133	Sec. 29.255. STATE FUNDING. [(a)] Funds shall be
2134	2134	appropriated to implement statewide community [adult basic]
2135	2135	education[, adult bilingual education, high school equivalency,
2136	2136	and high school credit] programs, including [to eliminate
2137	2137	illiteracy in this state and to implement and support a statewide
2138	2138	program to meet the total range of adult needs for adult education,
2139	2139	related skill training, and] pilot programs to demonstrate the
2140	2140	effectiveness of the community education concept. The agency shall
2141	2141	ensure that public local education agencies, public nonprofit
2142	2142	agencies, and community-based organizations have direct and
2143	2143	equitable access to those funds. [An additional sum of money may be
2144	2144	appropriated to the Texas Department of Commerce for the purpose of
2145	2145	skill training in direct support of industrial expansion and
2146	2146	start-up, and those locations, industries, and occupations
2147	2147	designated by the Texas Department of Commerce, when such training
2148	2148	is also in support of the basic purposes of this subchapter. To
2149	2149	fulfill the basic purposes of this subchapter, an additional sum of
2150	2150	money may be appropriated for skill training that is conducted to
2151	2151	support the expansion of civilian employment opportunities on
2152	2152	United States military reservations.
2153	2153	[(b) The agency, in conjunction with the Texas Department of
2154	2154	Commerce, may adopt rules to administer skill training programs for
2155	2155	which the agency is responsible, and the Texas Department of
2156	2156	Commerce may adopt rules to administer skill training programs for
2157	2157	which it is responsible.]
2158	2158	SECTION 84. Section 29.902, Education Code, is amended to
2159	2159	read as follows:
2160	2160	Sec. 29.902. DRIVER EDUCATION. (a) The Texas Department
2161	2161	of Licensing and Regulation [agency] shall develop a program of
2162	2162	organized instruction in driver education and traffic safety for
2163	2163	public school students. A student who will be 15 years of age or
2164	2164	older before a driver education and traffic safety course ends may
2165	2165	enroll in the course.
2166	2166	(b) The agency shall establish standards for the
2167	2167	certification of professional and paraprofessional personnel who
2168	2168	conduct the programs in the public schools.
2169	2169	(c) A school district shall consider offering a driver
2170	2170	education and traffic safety course during each school year. If the
2171	2171	district offers the course, the district may:
2172	2172	(1) conduct the course and charge a fee for the course
2173	2173	in the amount determined by the agency to be comparable to the fee
2174	2174	charged by a driver education school that holds a license under
2175	2175	Chapter 1001; or
2176	2176	(2) contract with a driver education school that holds
2177	2177	a license under Chapter 1001 to conduct the course.
2178	2178	SECTION 85. Subsections (b) and (c), Section 33.002,
2179	2179	Education Code, are amended to read as follows:
2180	2180	(b) A school district with 500 or more students enrolled in
2181	2181	elementary school grades shall employ a counselor certified under
2182	2182	Subchapter B, Chapter 21, [the rules of the State Board for Educator
2183	2183	Certification] for each elementary school in the district. A
2184	2184	school district shall employ at least one counselor for every 500
2185	2185	elementary school students in the district.
2186	2186	(c) A school district with fewer than 500 students enrolled
2187	2187	in elementary school grades shall provide guidance and counseling
2188	2188	services to elementary school students by:
2189	2189	(1) employing a part-time counselor certified under
2190	2190	Subchapter B, Chapter 21 [the rules of the State Board for Educator
2191	2191	Certification];
2192	2192	(2) employing a part-time teacher certified as a
2193	2193	counselor under Subchapter B, Chapter 21 [the rules of the State
2194	2194	Board for Educator Certification]; or
2195	2195	(3) entering into a shared services arrangement
2196	2196	agreement with one or more school districts to share a counselor
2197	2197	certified under Subchapter B, Chapter 21 [the rules of the State
2198	2198	Board for Educator Certification].
2199	2199	SECTION 86. Subsection (c), Section 33.007, Education Code,
2200	2200	is amended to read as follows:
2201	2201	(c) At the beginning of grades 10 and 11, a school counselor
2202	2202	certified under Subchapter B, Chapter 21, [the rules of the State
2203	2203	Board for Educator Certification] shall explain the requirements of
2204	2204	automatic admission to a general academic teaching institution
2205	2205	under Section 51.803 to each student enrolled in a high school or at
2206	2206	the high school level in an open-enrollment charter school who has a
2207	2207	grade point average in the top 25 percent of the student's high
2208	2208	school class.
2209	2209	SECTION 87. Subsection (d-1), Section 33.081, Education
2210	2210	Code, is amended to read as follows:
2211	2211	(d-1) Subsections (c) and (d) do not apply to an advanced
2212	2212	placement or international baccalaureate course, or to an honors or
2213	2213	dual credit course in the subject areas of English language arts,
2214	2214	mathematics, science, social studies, economics, or a language
2215	2215	other than English. [The agency shall review on a biennial basis
2216	2216	courses described by this subsection to determine if other courses
2217	2217	should be excluded from the requirement that a student be suspended
2218	2218	from participation in an extracurricular activity under Subsection
2219	2219	(c). Not later than January 1 of each odd-numbered year, the agency
2220	2220	shall report the findings under this subsection to the
2221	2221	legislature.]
2222	2222	SECTION 88. Subsection (o), Section 37.006, Education Code,
2223	2223	is amended to read as follows:
2224	2224	(o) In addition to any notice required under Article 15.27,
2225	2225	Code of Criminal Procedure, a principal or a principal's designee
2226	2226	shall inform each educator who has responsibility for, or is under
2227	2227	the direction and supervision of an educator who has responsibility
2228	2228	for, the instruction of a student who has engaged in any violation
2229	2229	listed in this section of the student's misconduct. Each educator
2230	2230	shall keep the information received under this subsection
2231	2231	confidential from any person not entitled to the information under
2232	2232	this subsection, except that the educator may share the information
2233	2233	with the student's parent or guardian as provided for by state or
2234	2234	federal law. The commissioner [State Board for Educator
2235	2235	Certification] may revoke or suspend the certification of an
2236	2236	educator who intentionally violates this subsection.
2237	2237	SECTION 89. Subsection (g), Section 37.007, Education Code,
2238	2238	is amended to read as follows:
2239	2239	(g) In addition to any notice required under Article 15.27,
2240	2240	Code of Criminal Procedure, a school district shall inform each
2241	2241	educator who has responsibility for, or is under the direction and
2242	2242	supervision of an educator who has responsibility for, the
2243	2243	instruction of a student who has engaged in any violation listed in
2244	2244	this section of the student's misconduct. Each educator shall keep
2245	2245	the information received under this subsection confidential from
2246	2246	any person not entitled to the information under this subsection,
2247	2247	except that the educator may share the information with the
2248	2248	student's parent or guardian as provided for by state or federal
2249	2249	law. The commissioner [State Board for Educator Certification] may
2250	2250	revoke or suspend the certification of an educator who
2251	2251	intentionally violates this subsection.
2252	2252	SECTION 90. Subsection (e), Section 39.027, Education Code,
2253	2253	is amended to read as follows:
2254	2254	(e) The commissioner shall develop an assessment system
2255	2255	that shall be used for evaluating the academic progress, including
2256	2256	reading proficiency in English, of all students of limited English
2257	2257	proficiency, as defined by Section 29.052. A student who is exempt
2258	2258	from the administration of an assessment instrument under
2259	2259	Subsection (a)(1) or (2) who achieves reading proficiency in
2260	2260	English as determined by the assessment system developed under this
2261	2261	subsection shall be administered the assessment instruments
2262	2262	described by Sections 39.023(a) and (c). The performance under the
2263	2263	assessment system developed under this subsection of students to
2264	2264	whom Subsection (a)(1) or (2) applies shall be included in the
2265	2265	indicator systems under Section 39.301, as applicable, the local
2266	2266	performance report under Section 39.306, and the comprehensive
2267	2267	biennial [annual] report under Section 39.332. This information
2268	2268	shall be provided in a manner that is disaggregated by the bilingual
2269	2269	education or special language program, if any, in which the student
2270	2270	is enrolled.
2271	2271	SECTION 91. Subsections (a) and (d), Section 39.0302,
2272	2272	Education Code, are amended to read as follows:
2273	2273	(a) During an agency investigation or audit of a school
2274	2274	district under Section 39.0301(e) or (f), an accreditation
2275	2275	investigation under Section 39.057(a)(8) [39.075(a)(8)], or an
2276	2276	investigation [by the State Board for Educator Certification] of an
2277	2277	educator for an alleged violation of an assessment instrument
2278	2278	security procedure established under Section 39.0301(a), the
2279	2279	commissioner may issue a subpoena to compel the attendance of a
2280	2280	relevant witness or the production, for inspection or copying, of
2281	2281	relevant evidence that is located in this state.
2282	2282	(d) All information and materials subpoenaed or compiled in
2283	2283	connection with an investigation or audit described by Subsection
2284	2284	(a):
2285	2285	(1) are confidential and not subject to disclosure
2286	2286	under Chapter 552, Government Code; and
2287	2287	(2) are not subject to disclosure, discovery,
2288	2288	subpoena, or other means of legal compulsion for release to any
2289	2289	person other than:
2290	2290	(A) the commissioner [or the State Board for
2291	2291	Educator Certification, as applicable];
2292	2292	(B) agency employees or agents involved in the
2293	2293	investigation, as applicable; and
2294	2294	(C) the office of the attorney general, the state
2295	2295	auditor's office, and law enforcement agencies.
2296	2296	SECTION 92. Section 39.082, Education Code, is amended by
2297	2297	amending Subsections (a) and (b) and adding Subsections (d), (e),
2298	2298	(f), (g), and (g-1) to read as follows:
2299	2299	(a) The commissioner shall, in consultation with the
2300	2300	comptroller, develop and implement separate financial
2301	2301	accountability rating systems for school districts and
2302	2302	open-enrollment charter schools in this state that:
2303	2303	(1) distinguish among school districts and
2304	2304	distinguish among open-enrollment charter schools, as applicable,
2305	2305	based on levels of financial performance; [and]
2306	2306	(2) include procedures to:
2307	2307	(A) provide additional transparency to public
2308	2308	education finance; and
2309	2309	(B) enable the commissioner and school district
2310	2310	and open-enrollment charter school administrators to provide
2311	2311	meaningful financial oversight and improvement; and
2312	2312	(3) include processes for anticipating the future
2313	2313	financial solvency of each school district and open-enrollment
2314	2314	charter school, including analysis of district and school revenues
2315	2315	and expenditures for preceding school years.
2316	2316	(b) The system must include uniform indicators adopted by
2317	2317	[the] commissioner rule by which to measure the financial
2318	2318	management performance and future financial solvency of a district
2319	2319	or open-enrollment charter school. In adopting indicators under
2320	2320	this subsection, the commissioner shall assign a point value to
2321	2321	each indicator to be used in a scoring matrix developed by the
2322	2322	commissioner.
2323	2323	(d) The commissioner shall evaluate indicators adopted
2324	2324	under Subsection (b) at least once every three years.
2325	2325	(e) A district or open-enrollment charter school shall
2326	2326	receive a failing rating under the system if the district or school
2327	2327	fails to achieve a satisfactory rating on:
2328	2328	(1) an indicator adopted under Subsection (b) relating
2329	2329	to financial management or solvency that the commissioner
2330	2330	determines to be critical; or
2331	2331	(2) a category of indicators that suggest trends
2332	2332	leading to financial distress as determined by the commissioner.
2333	2333	(f) Before assigning a final rating under the system, the
2334	2334	commissioner shall assign each district or open-enrollment charter
2335	2335	school a preliminary rating. A district or school may submit
2336	2336	additional information to the commissioner relating to any
2337	2337	indicator on which performance was considered unsatisfactory. The
2338	2338	commissioner shall consider any additional information submitted
2339	2339	by a district or school before assigning a final rating. If the
2340	2340	commissioner determines that the additional information negates
2341	2341	the concern raised by the indicator on which performance was
2342	2342	considered unsatisfactory, the commissioner may not penalize the
2343	2343	district or school on the basis of the indicator.
2344	2344	(g) The commissioner shall adopt rules for the
2345	2345	implementation of this section.
2346	2346	(g-1) The commissioner shall adopt initial rules necessary
2347	2347	to implement the changes to this section made by the 83rd
2348	2348	Legislature, Regular Session, 2013, not later than March 1, 2015.
2349	2349	This subsection expires April 1, 2015.
2350	2350	SECTION 93. Section 39.0823, Education Code, is amended by
2351	2351	amending Subsection (a) and adding Subsection (d) to read as
2352	2352	follows:
2353	2353	(a) If the commissioner, based on the indicators adopted
2354	2354	under Section 39.082 or other relevant information, projects a
2355	2355	[review process under Section 39.0822 indicates a projected]
2356	2356	deficit for a school district or open-enrollment charter school
2357	2357	general fund within the following three school years, the agency
2358	2358	[district] shall provide the district or school [agency] interim
2359	2359	financial reports, including projected revenues and expenditures
2360	2360	[supplemented by staff and student count data, as needed], to
2361	2361	evaluate the [district's] current budget status of the district or
2362	2362	school.
2363	2363	(d) The agency may require a district or open-enrollment
2364	2364	charter school to submit additional information needed to produce a
2365	2365	financial report under Subsection (a). If a district or school
2366	2366	fails to provide information requested under this subsection or if
2367	2367	the commissioner determines that the information submitted by a
2368	2368	district or school is unreliable, the commissioner may order the
2369	2369	district or school to acquire professional services as provided by
2370	2370	Section 39.109.
2371	2371	SECTION 94. Subchapter D, Chapter 39, Education Code, is
2372	2372	amended by adding Section 39.0824 to read as follows:
2373	2373	Sec. 39.0824. CORRECTIVE ACTION PLAN. (a) A school
2374	2374	district or open-enrollment charter school assigned a failing
2375	2375	rating under Section 39.082 shall submit to the commissioner a
2376	2376	corrective action plan to address the financial weaknesses of the
2377	2377	district or school. A corrective action plan must identify
2378	2378	problems and include strategies for improvement.
2379	2379	(b) The commissioner may impose appropriate sanctions under
2380	2380	Subchapter E against a district or school failing to submit or
2381	2381	implement a corrective action plan required under Subsection (a).
2382	2382	SECTION 95. Subsection (b), Section 39.083, Education Code,
2383	2383	is amended to read as follows:
2384	2384	(b) The annual financial management report must include:
2385	2385	(1) a description of the district's financial
2386	2386	management performance based on a comparison, provided by the
2387	2387	agency, of the district's performance on the indicators adopted
2388	2388	under Section 39.082(b) to:
2389	2389	(A) state-established standards; and
2390	2390	(B) the district's previous performance on the
2391	2391	indicators; and
2392	2392	(2) [a description of the data submitted using the
2393	2393	electronic-based program developed under Section 39.0822; and
2394	2394	[(3)] any descriptive information required by the
2395	2395	commissioner.
2396	2396	SECTION 96. Subsection (a), Section 39.102, Education Code,
2397	2397	is amended to read as follows:
2398	2398	(a) If a school district does not satisfy the accreditation
2399	2399	criteria under Section 39.052, the academic performance standards
2400	2400	under Section 39.053 or 39.054, or any financial accountability
2401	2401	standard as determined by commissioner rule, the commissioner shall
2402	2402	take any of the following actions to the extent the commissioner
2403	2403	determines necessary:
2404	2404	(1) issue public notice of the deficiency to the board
2405	2405	of trustees;
2406	2406	(2) order a hearing conducted by the board of trustees
2407	2407	of the district for the purpose of notifying the public of the
2408	2408	insufficient performance, the improvements in performance expected
2409	2409	by the agency, and the interventions and sanctions that may be
2410	2410	imposed under this section if the performance does not improve;
2411	2411	(3) order the preparation of a student achievement
2412	2412	improvement plan that addresses each student achievement indicator
2413	2413	under Section 39.053(c) for which the district's performance is
2414	2414	insufficient, the submission of the plan to the commissioner for
2415	2415	approval, and implementation of the plan;
2416	2416	(4) order a hearing to be held before the commissioner
2417	2417	or the commissioner's designee at which the president of the board
2418	2418	of trustees of the district and the superintendent shall appear and
2419	2419	explain the district's low performance, lack of improvement, and
2420	2420	plans for improvement;
2421	2421	(5) arrange an on-site investigation of the district;
2422	2422	(6) appoint an agency monitor to participate in and
2423	2423	report to the agency on the activities of the board of trustees or
2424	2424	the superintendent;
2425	2425	(7) appoint a conservator to oversee the operations of
2426	2426	the district;
2427	2427	(8) appoint a management team to direct the operations
2428	2428	of the district in areas of insufficient performance or require the
2429	2429	district to obtain certain services under a contract with another
2430	2430	person;
2431	2431	(9) if a district has a current accreditation status
2432	2432	of accredited-warned or accredited-probation, fails to satisfy any
2433	2433	standard under Section 39.054(e), or fails to satisfy financial
2434	2434	accountability standards as determined by commissioner rule,
2435	2435	appoint a board of managers to exercise the powers and duties of the
2436	2436	board of trustees;
2437	2437	(10) if for two consecutive school years, including
2438	2438	the current school year, a district has received an accreditation
2439	2439	status of accredited-warned or accredited-probation, has failed to
2440	2440	satisfy any standard under Section 39.054(e), or has failed to
2441	2441	satisfy financial accountability standards as determined by
2442	2442	commissioner rule, revoke the district's accreditation and:
2443	2443	(A) order closure of the district and annex the
2444	2444	district to one or more [adjoining] districts under Section 13.054;
2445	2445	or
2446	2446	(B) in the case of a home-rule school district or
2447	2447	open-enrollment charter school, order closure of all programs
2448	2448	operated under the district's or school's charter; or
2449	2449	(11) if a district has failed to satisfy any standard
2450	2450	under Section 39.054(e) due to the district's dropout rates, impose
2451	2451	sanctions designed to improve high school completion rates,
2452	2452	including:
2453	2453	(A) ordering the development of a dropout
2454	2454	prevention plan for approval by the commissioner;
2455	2455	(B) restructuring the district or appropriate
2456	2456	school campuses to improve identification of and service to
2457	2457	students who are at risk of dropping out of school, as defined by
2458	2458	Section 29.081;
2459	2459	(C) ordering lower student-to-counselor ratios
2460	2460	on school campuses with high dropout rates; and
2461	2461	(D) ordering the use of any other intervention
2462	2462	strategy effective in reducing dropout rates, including mentor
2463	2463	programs and flexible class scheduling.
2464	2464	SECTION 97. Section 39.104, Education Code, is amended by
2465	2465	adding Subsection (e) to read as follows:
2466	2466	(e) In addition to the interventions and sanctions
2467	2467	authorized under this chapter, the commissioner may reconstitute
2468	2468	the governing body of a charter holder as provided by Section
2469	2469	12.1201.
2470	2470	SECTION 98. Section 39.112, Education Code, is amended by
2471	2471	adding Subsection (f) to read as follows:
2472	2472	(f) Subsection (e) does not apply if the district will be
2473	2473	closed and its territory annexed to one or more other school
2474	2474	districts in accordance with other law. In that circumstance, the
2475	2475	board of managers may, as determined by the commissioner, continue
2476	2476	to oversee the closure and annexation of the district until the
2477	2477	effective date of the district's annexation.
2478	2478	SECTION 99. Section 39.233, Education Code, is amended to
2479	2479	read as follows:
2480	2480	Sec. 39.233. [RECOGNITION OF] HIGH SCHOOL COMPLETION AND
2481	2481	SUCCESS AND COLLEGE READINESS PROGRAMS; AGENCY GUIDANCE. [(a)]
2482	2482	The agency shall[:
2483	2483	[(1) develop standards for evaluating the success and
2484	2484	cost-effectiveness of high school completion and success and
2485	2485	college readiness programs implemented under Section 39.234;
2486	2486	[(2)] provide guidance for school districts and
2487	2487	campuses in establishing and improving high school completion and
2488	2488	success and college readiness programs implemented under Section
2489	2489	39.234[; and
2490	2490	[(3) develop standards for selecting and methods for
2491	2491	recognizing school districts and campuses that offer exceptional
2492	2492	high school completion and success and college readiness programs
2493	2493	under Section 39.234.
2494	2494	[(b) The commissioner may adopt rules for the
2495	2495	administration of this section].
2496	2496	SECTION 100. Subsection (a), Section 39.235, Education
2497	2497	Code, is amended to read as follows:
2498	2498	(a) From funds appropriated for that purpose, the
2499	2499	commissioner may establish a grant program under which grants are
2500	2500	awarded to middle, junior high, and high school campuses and school
2501	2501	districts to support:
2502	2502	(1) the implementation of innovative improvement
2503	2503	programs that are based on the best available research regarding
2504	2504	middle, junior high, or high school reform, dropout prevention, and
2505	2505	preparing students for postsecondary coursework or employment; and
2506	2506	(2) enhancing education practices that have been
2507	2507	demonstrated by significant evidence of effectiveness[; and
2508	2508	[(3) the alignment of grants and programs to the
2509	2509	strategic plan adopted under Section 39.407].
2510	2510	SECTION 101. Section 39.301, Education Code, is amended by
2511	2511	amending Subsections (a) and (c) and adding Subsection (c-1) to
2512	2512	read as follows:
2513	2513	(a) In addition to the indicators adopted under Section
2514	2514	39.053, the commissioner may [shall] adopt indicators of the
2515	2515	quality of learning for the purpose of preparing state performance
2516	2516	reports under Section 39.305 [this chapter]. The commissioner
2517	2517	biennially shall review the indicators for the consideration of
2518	2518	appropriate revisions.
2519	2519	(c) Indicators for reporting purposes may [must] include:
2520	2520	(1) the percentage of graduating students who meet the
2521	2521	course requirements established by State Board of Education rule
2522	2522	for the minimum high school program, the recommended high school
2523	2523	program, and the advanced high school program;
2524	2524	(2) the results of the SAT, ACT, articulated
2525	2525	postsecondary degree programs described by Section 61.852, and
2526	2526	certified workforce training programs described by Chapter 311, Labor
2527	2527	Code;
2528	2528	(3) for students who have failed to perform
2529	2529	satisfactorily, under each performance standard under Section
2530	2530	39.0241, on an assessment instrument required under Section
2531	2531	39.023(a) or (c), the performance of those students on subsequent
2532	2532	assessment instruments required under those sections, aggregated
2533	2533	by grade level and subject area;
2534	2534	(4) for each campus, the number of students,
2535	2535	disaggregated by major student subpopulations, that agree under
2536	2536	Section 28.025(b) to take courses under the minimum high school
2537	2537	program;
2538	2538	(5) the percentage of students, aggregated by grade
2539	2539	level, provided accelerated instruction under Section 28.0211(c),
2540	2540	the results of assessment instruments administered under that
2541	2541	section, the percentage of students promoted through the grade
2542	2542	placement committee process under Section 28.0211, the subject of
2543	2543	the assessment instrument on which each student failed to perform
2544	2544	satisfactorily under each performance standard under Section
2545	2545	39.0241, and the performance of those students in the school year
2546	2546	following that promotion on the assessment instruments required
2547	2547	under Section 39.023;
2548	2548	(6) the percentage of students of limited English
2549	2549	proficiency exempted from the administration of an assessment
2550	2550	instrument under Sections 39.027(a)(1) and (2);
2551	2551	(7) the percentage of students in a special education
2552	2552	program under Subchapter A, Chapter 29, assessed through assessment
2553	2553	instruments developed or adopted under Section 39.023(b);
2554	2554	(8) the percentage of students who satisfy the college
2555	2555	readiness measure;
2556	2556	(9) the measure of progress toward dual language
2557	2557	proficiency under Section 39.034(b), for students of limited
2558	2558	English proficiency, as defined by Section 29.052;
2559	2559	(10) the percentage of students who are not
2560	2560	educationally disadvantaged;
2561	2561	(11) the percentage of students who enroll and begin
2562	2562	instruction at an institution of higher education in the school
2563	2563	year following high school graduation; [and]
2564	2564	(12) the percentage of students who successfully
2565	2565	complete the first year of instruction at an institution of higher
2566	2566	education without needing a developmental education course; and
2567	2567	(13) additional quality indicators, as determined by
2568	2568	the commissioner.
2569	2569	(c-1) Notwithstanding Subsection (a) or (c), the
2570	2570	commissioner shall adopt an indicator of the quality of learning
2571	2571	that includes the information described by Subsection (c)(5) for
2572	2572	purposes of evaluating programs under Section 28.006(j).
2573	2573	SECTION 102. Section 39.305, Education Code, is amended to
2574	2574	read as follows:
2575	2575	Sec. 39.305. STATE PERFORMANCE REPORTS [CAMPUS REPORT
2576	2576	CARD]. (a) Each school year, the agency shall prepare and
2577	2577	distribute to each school district a state performance report
2578	2578	[card] for each campus. The reports [campus report cards] must be
2579	2579	based on the most current data available disaggregated by student
2580	2580	groups. Campus performance must be compared to previous campus and
2581	2581	district performance, current district performance, and state
2582	2582	established standards.
2583	2583	(b) The report [card] shall include the following
2584	2584	information:
2585	2585	(1) where applicable, the student achievement
2586	2586	indicators described by Section 39.053(c) and the reporting
2587	2587	indicators adopted under Section 39.301 [described by Sections
2588	2588	39.301(c)(1) through (5)];
2589	2589	(2) average class size by grade level and subject;
2590	2590	(3) the administrative and instructional costs per
2591	2591	student, computed in a manner consistent with Section 44.0071; and
2592	2592	(4) the district's instructional expenditures ratio
2593	2593	and instructional employees ratio computed under Section 44.0071,
2594	2594	and the statewide average of those ratios, as determined by the
2595	2595	commissioner.
2596	2596	(c) The commissioner shall adopt rules requiring
2597	2597	dissemination of the information included in a state [required
2598	2598	under Subsection (b)(4) and appropriate class size and student]
2599	2599	performance [portions of campus] report under this section [cards]
2600	2600	annually to the parent, guardian, conservator, or other person
2601	2601	having lawful control of each student in [at] the district in a
2602	2602	manner consistent with campus policy regarding providing notice to
2603	2603	parents. On written request, the school district shall provide a
2604	2604	copy of a [campus] report [card] to any other party.
2605	2605	(d) The agency shall promptly post the information included
2606	2606	in reports on the agency's Internet website.
2607	2607	SECTION 103. The heading to Section 39.306, Education Code,
2608	2608	is amended to read as follows:
2609	2609	Sec. 39.306. LOCAL PERFORMANCE REPORT.
2610	2610	SECTION 104. The heading to Section 39.307, Education Code,
2611	2611	is amended to read as follows:
2612	2612	Sec. 39.307. USES OF LOCAL PERFORMANCE REPORT.
2613	2613	SECTION 105. The heading to Section 39.332, Education Code,
2614	2614	is amended to read as follows:
2615	2615	Sec. 39.332. COMPREHENSIVE BIENNIAL [ANNUAL] REPORT.
2616	2616	SECTION 106. Subsection (a), Section 39.332, Education
2617	2617	Code, is amended to read as follows:
2618	2618	(a) The [Not later than December 1 of each year, the] agency
2619	2619	shall prepare and deliver to the governor, the lieutenant governor,
2620	2620	the speaker of the house of representatives, each member of the
2621	2621	legislature, the Legislative Budget Board, and the clerks of the
2622	2622	standing committees of the senate and house of representatives with
2623	2623	primary jurisdiction over the public school system a comprehensive
2624	2624	report covering the preceding two school years [year] and
2625	2625	containing the information described by Subsection (b).
2626	2626	SECTION 107. Subdivisions (2) and (20), Subsection (b),
2627	2627	Section 39.332, Education Code, are amended to read as follows:
2628	2628	(2) The report must contain an evaluation of the
2629	2629	status of education in the state as reflected by:
2630	2630	(A) the student achievement indicators described
2631	2631	by Section 39.053; and
2632	2632	(B) the reporting indicators adopted under
2633	2633	[described by] Section 39.301.
2634	2634	(20) The report must contain a comparison of the
2635	2635	performance of open-enrollment charter schools and school
2636	2636	districts on the student achievement indicators described by
2637	2637	Section 39.053(c), the reporting indicators adopted under
2638	2638	[described by] Section 39.301 [39.301(c)], and the accountability
2639	2639	measures adopted under Section 39.053(i), with a separately
2640	2640	aggregated comparison of the performance of open-enrollment
2641	2641	charter schools predominantly serving students at risk of dropping
2642	2642	out of school, as described by Section 29.081(d), with the
2643	2643	performance of school districts.
2644	2644	SECTION 108. Section 39.362, Education Code, is amended to
2645	2645	read as follows:
2646	2646	Sec. 39.362. NOTICE ON DISTRICT WEBSITE. Not later than the
2647	2647	10th day after the first day of instruction of each school year, a
2648	2648	school district that maintains an Internet website shall make the
2649	2649	following information available to the public on the website:
2650	2650	(1) the information contained in the most recent state
2651	2651	performance [campus] report [card] for each campus in the district
2652	2652	under Section 39.305;
2653	2653	(2) the information contained in the most recent local
2654	2654	performance report for the district under Section 39.306;
2655	2655	(3) the most recent accreditation status and
2656	2656	performance rating of the district under Sections 39.052 and
2657	2657	39.054; and
2658	2658	(4) a definition and explanation of each accreditation
2659	2659	status under Section 39.051, based on commissioner rule adopted
2660	2660	under that section.
2661	2661	SECTION 109. Section 39.409, Education Code, is transferred
2662	2662	to Subchapter Z, Chapter 29, Education Code, redesignated as
2663	2663	Section 29.921, Education Code, and amended to read as follows:
2664	2664	Sec. 29.921 [39.409]. PRIVATE FOUNDATION PARTNERSHIPS.
2665	2665	(a) The commissioner of education or the commissioner of higher
2666	2666	education, as appropriate, [and the council] may coordinate with
2667	2667	private foundations that have made a substantial investment in the
2668	2668	improvement of high schools in this state to maximize the impact of
2669	2669	public and private investments.
2670	2670	(b) A private foundation is not required to obtain the
2671	2671	approval of the appropriate commissioner [or the council] under
2672	2672	Subsection (a) before allocating resources to a school in this state.
2673	2673	SECTION 110. Section 39.413, Education Code, is transferred
2674	2674	to Subchapter C, Chapter 61, Education Code, redesignated as
2675	2675	Section 61.0767, Education Code, and amended to read as follows:
2676	2676	Sec. 61.0767 [39.413]. FUNDING FOR CERTAIN PROGRAMS.
2677	2677	(a) From funds appropriated, the board [Texas Higher Education
2678	2678	Coordinating Board] shall allocate $8.75 million each year to
2679	2679	establish mathematics, science, and technology teacher preparation
2680	2680	academies under Section 61.0766[, provide funding to the
2681	2681	commissioner of education to implement and administer the program
2682	2682	under Section 29.098,] and award grants under Section
2683	2683	61.0762(a)(3).
2684	2684	(b) The board [Texas Higher Education Coordinating Board]
2685	2685	shall establish mathematics, science, and technology teacher
2686	2686	preparation academies under Section 61.0766[, provide funding to
2687	2687	the commissioner of education to implement and administer the
2688	2688	program under Section 29.098,] and award grants under Section
2689	2689	61.0762(a)(3) in a manner consistent with [the goals of this
2690	2690	subchapter and] the goals in "Closing the Gaps," the state's master
2691	2691	plan for higher education.
2692	2692	SECTION 111. Subchapter A, Chapter 42, Education Code, is
2693	2693	amended by adding Section 42.011 to read as follows:
2694	2694	Sec. 42.011. FUNDS AUDIT. (a) The agency shall develop
2695	2695	and implement by rule an auditing system for expenditures of funds
2696	2696	under the Foundation School Program by school districts and
2697	2697	open-enrollment charter schools. An auditing system developed
2698	2698	under this section must use a standard, risk-based approach.
2699	2699	(b) The agency shall provide guidance relating to an audit
2700	2700	developed under this section through any training or reference
2701	2701	material the agency provides to school districts or open-enrollment
2702	2702	charter schools.
2703	2703	SECTION 112. Subsection (a), Section 45.208, Education
2704	2704	Code, is amended to read as follows:
2705	2705	(a) The bank or banks selected as the depository or
2706	2706	depositories and the school district shall enter into a depository
2707	2707	contract or contracts, bond or bonds, or other necessary
2708	2708	instruments setting forth the duties and agreements pertaining to
2709	2709	the depository[, in a form and with the content prescribed by the
2710	2710	State Board of Education]. The parties shall attach to the
2711	2711	depository contract and incorporate by reference the bid or
2712	2712	proposal of the depository.
2713	2713	SECTION 113. Section 51.308, Education Code, is amended to
2714	2714	read as follows:
2715	2715	Sec. 51.308. DRIVER EDUCATION. A driver education course
2716	2716	for the purpose of preparing students to obtain a driver's license
2717	2717	may be offered by an institution of higher education, as defined by
2718	2718	Section 61.003, with the approval of the Texas Department of
2719	2719	Licensing and Regulation [Central Education Agency].
2720	2720	SECTION 114. Section 52.31, Education Code, is amended to
2721	2721	read as follows:
2722	2722	Sec. 52.31. PARTICIPATING INSTITUTIONS. In this
2723	2723	subchapter, "participating higher educational institution" means a
2724	2724	public or private nonprofit institution of higher education,
2725	2725	including a junior college, accredited by a recognized accrediting
2726	2726	agency as defined by Section 61.003, or a regional education
2727	2727	service center or other entity that offers an alternative educator
2728	2728	certification program approved by the commissioner of education
2729	2729	[State Board for Educator Certification], that:
2730	2730	(1) is located in this state; and
2731	2731	(2) complies with the provisions of this chapter and
2732	2732	the rules of the board promulgated in accordance with this chapter.
2733	2733	SECTION 115. Subsection (b), Section 52.32, Education Code,
2734	2734	is amended to read as follows:
2735	2735	(b) If a loan applicant is enrolled at a career school or
2736	2736	college in a degree program that is approved by the board or at a
2737	2737	regional education service center or other entity in an alternative
2738	2738	educator certification program that is approved by the commissioner
2739	2739	of education [State Board for Educator Certification], the
2740	2740	applicant is not required to provide evidence that the applicant is
2741	2741	unable to obtain a guaranteed student loan from a commercial lender
2742	2742	under Subsection (a-1).
2743	2743	SECTION 116. Section 61.0514, Education Code, is amended to
2744	2744	read as follows:
2745	2745	Sec. 61.0514. INTEGRATED COURSEWORK. The board, with the
2746	2746	cooperation and advice of the commissioner of education [State
2747	2747	Board for Educator Certification], shall adopt educator
2748	2748	preparation coursework guidelines that promote, to the greatest
2749	2749	extent practicable, the integration of subject matter knowledge
2750	2750	with classroom teaching strategies and techniques in order to
2751	2751	maximize the effectiveness and efficiency of coursework required
2752	2752	for certification under Subchapter B, Chapter 21.
2753	2753	SECTION 117. Subsection (b), Section 61.076, Education
2754	2754	Code, is amended to read as follows:
2755	2755	(b) The P-16 Council is composed of the commissioner of
2756	2756	education, the commissioner of higher education, the executive
2757	2757	director of the Texas Workforce Commission, [the executive director
2758	2758	of the State Board for Educator Certification,] and the
2759	2759	commissioner of assistive and rehabilitative services. The
2760	2760	commissioner of higher education and the commissioner of education
2761	2761	shall serve as co-chairs of the council.
2762	2762	SECTION 118. Subsection (a), Section 61.0761, Education
2763	2763	Code, is amended to read as follows:
2764	2764	(a) The P-16 Council established under Section 61.076 shall
2765	2765	recommend to the commissioner of education and the board a college
2766	2766	readiness and success strategic action plan to increase student
2767	2767	success and decrease the number of students enrolling in
2768	2768	developmental course work in institutions of higher education. The
2769	2769	plan must include:
2770	2770	(1) definitions, as determined by the P-16 Council in
2771	2771	coordination with the State Board of Education, of the standards
2772	2772	and expectations for college readiness that address the knowledge
2773	2773	and skills expected of students to perform successfully in
2774	2774	entry-level courses offered at institutions of higher education;
2775	2775	(2) a description of the components of a P-16
2776	2776	individualized graduation plan sufficient to prepare students for
2777	2777	college success;
2778	2778	(3) the manner in which the Texas Education Agency
2779	2779	should provide model curricula for use as a reference tool by school
2780	2780	district employees;
2781	2781	(4) recommendations to the Texas Education Agency, the
2782	2782	State Board of Education, and the board regarding strategies for
2783	2783	decreasing the number of students enrolling in developmental course
2784	2784	work at institutions of higher education;
2785	2785	(5) recommendations [to the State Board for Educator
2786	2786	Certification] regarding changes to educator certification and
2787	2787	professional development requirements that contribute to the
2788	2788	ability of public school teachers to prepare students for higher
2789	2789	education; and
2790	2790	(6) any other elements that the commissioner of
2791	2791	education and the board suggest for inclusion in the plan.
2792	2792	SECTION 119. Subsection (b), Section 61.0766, Education
2793	2793	Code, is amended to read as follows:
2794	2794	(b) Before an institution of higher education establishes
2795	2795	an academy under this section, the institution must apply through a
2796	2796	competitive process, as determined by the board, and meet any
2797	2797	requirements established by the board for designation as an academy
2798	2798	under this section and continued funding. The institution of
2799	2799	higher education must have a teacher preparation program approved
2800	2800	by the commissioner of education [State Board for Educator
2801	2801	Certification] or be affiliated with a program approved by the
2802	2802	commissioner [State Board for Educator Certification].
2803	2803	SECTION 120. Section 1001.001, Education Code, is amended
2804	2804	by amending Subdivisions (2), (3), (4), and (5) and adding
2805	2805	Subdivision (13-a) to read as follows:
2806	2806	(2) "Approved driving safety course" means a driving
2807	2807	safety course approved by the department [commissioner].
2808	2808	(3) "Commission" ["Commissioner"] means the Texas
2809	2809	Commission of Licensing and Regulation [commissioner of
2810	2810	education].
2811	2811	(4) "Course provider" means an enterprise that:
2812	2812	(A) maintains a place of business or solicits
2813	2813	business in this state;
2814	2814	(B) is operated by an individual, association,
2815	2815	partnership, or corporation; and
2816	2816	(C) has received an approval for a driving safety
2817	2817	course from the department [commissioner] or has been designated by
2818	2818	a person who has received that approval to conduct business and
2819	2819	represent the person in this state.
2820	2820	(5) "Department" means the Texas Department of
2821	2821	Licensing and Regulation [Public Safety].
2822	2822	(13-a) "Executive director" means the executive
2823	2823	director of the department.
2824	2824	SECTION 121. Subsection (c), Section 1001.002, Education
2825	2825	Code, is amended to read as follows:
2826	2826	(c) A driver education course is exempt from this chapter,
2827	2827	other than Section 1001.055, if the course is:
2828	2828	(1) conducted by a vocational driver training school
2829	2829	operated to train or prepare a person for a field of endeavor in a
2830	2830	business, trade, technical, or industrial occupation;
2831	2831	(2) conducted by a school or training program that
2832	2832	offers only instruction of purely avocational or recreational
2833	2833	subjects as determined by the department [commissioner];
2834	2834	(3) sponsored by an employer to train its own
2835	2835	employees without charging tuition;
2836	2836	(4) sponsored by a recognized trade, business, or
2837	2837	professional organization with a closed membership to instruct the
2838	2838	members of the organization; or
2839	2839	(5) conducted by a school regulated and approved under
2840	2840	another law of this state.
2841	2841	SECTION 122. Section 1001.003, Education Code, is amended
2842	2842	to read as follows:
2843	2843	Sec. 1001.003. LEGISLATIVE INTENT REGARDING SMALL
2844	2844	BUSINESSES. It is the intent of the legislature that commission
2845	2845	[agency] rules that affect driver training schools that qualify as
2846	2846	small businesses be adopted and administered so as to have the least
2847	2847	possible adverse economic effect on the schools.
2848	2848	SECTION 123. Section 1001.004, Education Code, as amended
2849	2849	by Chapters 1253 (H.B. 339) and 1413 (S.B. 1317), Acts of the 81st
2850	2850	Legislature, Regular Session, 2009, is reenacted and amended to
2851	2851	read as follows:
2852	2852	Sec. 1001.004. COST OF ADMINISTERING CHAPTER. (a) Except
2853	2853	as provided by Subsection (b), the cost of administering this
2854	2854	chapter shall be included in the state budget allowance for the
2855	2855	department [agency].
2856	2856	(b) The department [commissioner] may charge a fee to each
2857	2857	driver education school in an amount not to exceed the actual
2858	2858	expense incurred in the regulation of driver education courses
2859	2859	established under Section 1001.1015.
2860	2860	SECTION 124. Sections 1001.051, 1001.052, 1001.053, and
2861	2861	1001.054, Education Code, are amended to read as follows:
2862	2862	Sec. 1001.051. JURISDICTION OVER SCHOOLS. The department
2863	2863	[agency] has jurisdiction over and control of driver training
2864	2864	schools regulated under this chapter.
2865	2865	Sec. 1001.052. RULES. The commission [agency] shall adopt
2866	2866	[and administer] comprehensive rules governing driving safety
2867	2867	courses.
2868	2868	Sec. 1001.053. POWERS AND DUTIES OF DEPARTMENT, COMMISSION,
2869	2869	AND EXECUTIVE DIRECTOR [COMMISSIONER]. (a) The department and
2870	2870	executive director, as appropriate, [commissioner] shall:
2871	2871	(1) administer [the policies of] this chapter;
2872	2872	(2) enforce minimum standards for driver training
2873	2873	schools under this chapter;
2874	2874	(3) [adopt and] enforce rules adopted by the
2875	2875	commission that are necessary to administer this chapter; and
2876	2876	(4) visit a driver training school or course provider
2877	2877	and reexamine the school or course provider for compliance with
2878	2878	this chapter.
2879	2879	(b) The executive director [commissioner] may designate a
2880	2880	person knowledgeable in the administration of regulating driver
2881	2881	training schools to administer this chapter.
2882	2882	(c) The commission shall adopt rules necessary to
2883	2883	administer this chapter. The commission [commissioner] may adopt
2884	2884	rules to ensure the integrity of approved driving safety courses
2885	2885	and to enhance program quality.
2886	2886	Sec. 1001.054. RULES RESTRICTING ADVERTISING OR
2887	2887	COMPETITIVE BIDDING. (a) The commission [commissioner] may not
2888	2888	adopt a rule restricting advertising or competitive bidding by a
2889	2889	driver training school except to prohibit a false, misleading, or
2890	2890	deceptive practice.
2891	2891	(b) The commission [commissioner] may not include in rules
2892	2892	to prohibit false, misleading, or deceptive practices by a driver
2893	2893	training school a rule that restricts:
2894	2894	(1) the use of an advertising medium;
2895	2895	(2) the outside dimensions of a printed advertisement
2896	2896	or outdoor display;
2897	2897	(3) the duration of an advertisement; or
2898	2898	(4) advertisement under a trade name.
2899	2899	(c) The commission [commissioner] by rule may restrict
2900	2900	advertising by a branch location of a driver training school so that
2901	2901	the location adequately identifies the primary location of the
2902	2902	school in a solicitation.
2903	2903	SECTION 125. Subsections (a), (a-1), (a-2), (b), and (c),
2904	2904	Section 1001.055, Education Code, are amended to read as follows:
2905	2905	(a) The department [agency] shall provide to each licensed
2906	2906	or exempt driver education school and to each parent-taught course
2907	2907	provider approved by the Department of Public Safety under Section
2908	2908	521.205, Transportation Code, driver education certificates or
2909	2909	certificate numbers to enable the school or [and each approved
2910	2910	parent-taught] course provider [(approved by the Texas Department
2911	2911	of Public Safety under Section 521.205 of the Transportation Code)]
2912	2912	to print and issue department-approved [agency-approved] driver
2913	2913	education certificates [with the certificate numbers] to certify
2914	2914	[be used for certifying] completion of an approved driver education
2915	2915	course and [to] satisfy the requirements of Sections 521.204(a)(2)
2916	2916	and 521.1601, Transportation Code.
2917	2917	(a-1) A certificate printed and issued by a driver education
2918	2918	school or Department of Public Safety approved course provider
2919	2919	must:
2920	2920	(1)be in a form required by the department[agency]; and
2921	2921	(2) include an identifying certificate number
2922	2922	provided by the department [agency] that may be used to verify the
2923	2923	authenticity of the certificate with the driver education school or
2924	2924	Department of Public Safety approved course provider.
2925	2925	(a-2) A driver education school or Department of Public
2926	2926	Safety approved course provider that purchases driver education
2927	2927	certificate numbers shall provide for the printing and issuance of
2928	2928	original and duplicate certificates in a manner that, to the
2929	2929	greatest extent possible, prevents the unauthorized production or
2930	2930	the misuse of the certificates. The driver education school or
2931	2931	Department of Public Safety approved course provider shall
2932	2932	electronically submit to the department [agency] in the manner
2933	2933	established by the department [agency] data identified by the
2934	2934	department [agency] relating to issuance of department-approved
2935	2935	[agency-approved] driver education certificates with the
2936	2936	certificate numbers.
2937	2937	(b) The commission [agency] by rule shall provide for the
2938	2938	design and distribution of the certificates and certificate numbers
2939	2939	in a manner that, to the greatest extent possible, prevents the
2940	2940	unauthorized reproduction or misuse of the certificates or
2941	2941	certificate numbers.
2942	2942	(c) The commission by rule shall establish [agency may
2943	2943	charge] a fee [of not more than $4] for each certificate or
2944	2944	certificate number.
2945	2945	SECTION 126. Subsections (b), (c), (d), (e), and (g),
2946	2946	Section 1001.056, Education Code, are amended to read as follows:
2947	2947	(b) The department [agency] shall provide each licensed
2948	2948	course provider with course completion certificate numbers to
2949	2949	enable the provider to print and issue department-approved
2950	2950	[agency-approved] uniform certificates of course completion.
2951	2951	(c) The commission [agency] by rule shall provide for the
2952	2952	design of the certificates and the distribution of certificate
2953	2953	numbers in a manner that, to the greatest extent possible, prevents
2954	2954	the unauthorized production or the misuse of the certificates or
2955	2955	certificate numbers.
2956	2956	(d) A certificate under this section must:
2957	2957	(1) be in a form required by the department [agency];
2958	2958	and
2959	2959	(2) include an identifying number by which the
2960	2960	department [agency], a court, or the Department of Public Safety
2961	2961	[department] may verify its authenticity with the course provider.
2962	2962	(e) The commission by rule shall establish [agency may
2963	2963	charge] a fee [of not more than $4] for each course completion
2964	2964	certificate number. A course provider that supplies a certificate
2965	2965	to an operator shall collect from the operator a fee equal to the
2966	2966	amount of the fee paid to the department [agency] for the
2967	2967	certificate number.
2968	2968	(g) A course provider shall issue a duplicate certificate by
2969	2969	United States mail or commercial delivery. The commission
2970	2970	[commissioner] by rule shall determine the amount of the fee for
2971	2971	issuance of a duplicate certificate under this subsection.
2972	2972	SECTION 127. Section 1001.057, Education Code, is amended
2973	2973	to read as follows:
2974	2974	Sec. 1001.057. ELECTRONIC TRANSMISSION OF DRIVING SAFETY
2975	2975	COURSE INFORMATION. The department [agency] shall investigate
2976	2976	options to develop and implement procedures to electronically
2977	2977	transmit information relating to driving safety courses to
2978	2978	municipal and justice courts.
2979	2979	SECTION 128. Subchapter B, Chapter 1001, Education Code, is
2980	2980	amended by adding Sections 1001.058 and 1001.059 to read as
2981	2981	follows:
2982	2982	Sec. 1001.058. ADVISORY COMMITTEE. (a) The commission
2983	2983	shall establish an advisory committee to advise the commission and
2984	2984	department on driver training rules and standards and driver
2985	2985	education curriculum.
2986	2986	(b) The advisory committee consists of seven members
2987	2987	appointed for staggered six-year terms by the presiding officer of
2988	2988	the commission, with the approval of the commission, as follows:
2989	2989	(1) one member representing a driver education school;
2990	2990	(2) one member representing a driving safety school;
2991	2991	(3) one member representing a course provider;
2992	2992	(4) one instructor;
2993	2993	(5) one employee of the Department of Public Safety; and
2994	2994	(6) two members representing the public.
2995	2995	(c) The presiding officer of the commission shall appoint
2996	2996	the presiding officer of the advisory committee.
2997	2997	Sec. 1001.059. COMPLAINTS. (a) The department shall
2998	2998	maintain a system to promptly and efficiently act on complaints
2999	2999	filed with the department regarding driver training. The
3000	3000	department shall maintain information about parties to the
3001	3001	complaint, the subject matter of the complaint, a summary of the
3002	3002	results of the review or investigation of the complaint, and its
3003	3003	disposition.
3004	3004	(b) The department shall make information available
3005	3005	describing its procedures for complaint investigation and
3006	3006	resolution.
3007	3007	(c) The department shall periodically notify the complaint
3008	3008	parties of the status of the complaint until final disposition.
3009	3009	SECTION 129. Section 1001.101, Education Code, as amended
3010	3010	by Chapters 1253 (H.B. 339) and 1413 (S.B. 1317), Acts of the 81st
3011	3011	Legislature, Regular Session, 2009, is reenacted and amended to
3012	3012	read as follows:
3013	3013	Sec. 1001.101. ADULT AND MINOR DRIVER EDUCATION COURSE
3014	3014	CURRICULUM AND TEXTBOOKS. (a) The commission [commissioner] by
3015	3015	rule shall establish or approve the curriculum and designate the
3016	3016	textbooks to be used in a driver education course for minors and
3017	3017	adults, including a driver education course conducted by a school
3018	3018	district, driver education school, or parent or other individual
3019	3019	under Section 521.205, Transportation Code.
3020	3020	(b) A driver education course must require the student to
3021	3021	complete:
3022	3022	(1) 7 hours of behind-the-wheel instruction in the
3023	3023	presence of a person who holds a driver education instructor
3024	3024	license or who meets the requirements imposed under Section
3025	3025	521.205, Transportation Code;
3026	3026	(2) 7 hours of observation instruction in the presence
3027	3027	of a person who holds a driver education instructor license or who
3028	3028	meets the requirements imposed under Section 521.205,
3029	3029	Transportation Code; and
3030	3030	(3) 20 hours of behind-the-wheel instruction,
3031	3031	including at least 10 hours of instruction that takes place at
3032	3032	night, in the presence of an adult who meets the requirements of
3033	3033	Section 521.222(d)(2), Transportation Code.
3034	3034	SECTION 130. Subsection (a), Section 1001.1015, Education
3035	3035	Code, is amended to read as follows:
3036	3036	(a) The commission [commissioner] by rule shall establish
3037	3037	the curriculum and designate the educational materials to be used
3038	3038	in a driver education course exclusively for adults.
3039	3039	SECTION 131. Section 1001.102, Education Code, is amended
3040	3040	to read as follows:
3041	3041	Sec. 1001.102. ALCOHOL AWARENESS INFORMATION. (a) The
3042	3042	commission [agency] by rule shall require that information relating
3043	3043	to alcohol awareness and the effect of alcohol on the effective
3044	3044	operation of a motor vehicle be included in the curriculum of any
3045	3045	driver education course or driving safety course.
3046	3046	(b) In developing rules under this section, the commission
3047	3047	[agency] shall consult with the Department of Public Safety
3048	3048	[department].
3049	3049	SECTION 132. Section 1001.1025, Education Code, is amended
3050	3050	to read as follows:
3051	3051	Sec. 1001.1025. MOTORCYCLE AWARENESS INFORMATION.
3052	3052	(a) The commission [agency] by rule shall require that information
3053	3053	relating to motorcycle awareness, the dangers of failing to yield
3054	3054	the right-of-way to a motorcyclist, and the need to share the road
3055	3055	with motorcyclists be included in the curriculum of any driver
3056	3056	education course or driving safety course.
3057	3057	(b) In developing rules under this section, the commission
3058	3058	[agency] shall consult with the Department of Public Safety
3059	3059	[department].
3060	3060	SECTION 133. Subsections (b), (d), and (e), Section
3061	3061	1001.103, Education Code, are amended to read as follows:
3062	3062	(b) The department [agency] shall develop standards for a
3063	3063	separate school certification and approve curricula for drug and
3064	3064	alcohol driving awareness programs that include one or more
3065	3065	courses. Except as provided by commission [agency] rule, a program
3066	3066	must be offered in the same manner as a driving safety course.
3067	3067	(d) In accordance with Section 461.013(b), Health and
3068	3068	Safety Code, the department [agency] and the Department of State
3069	3069	Health Services [Texas Commission on Alcohol and Drug Abuse] shall
3070	3070	enter into a memorandum of understanding for the interagency
3071	3071	approval of the required curricula.
3072	3072	(e) The commission [Notwithstanding Section 1001.056,
3073	3073	Subchapter D, and Sections 1001.213 and 1001.303, the commissioner]
3074	3074	may establish fees in connection with the programs under this
3075	3075	section. The fees must be in amounts reasonable and necessary to
3076	3076	administer the department's [agency's] duties under this section.
3077	3077	SECTION 134. Sections 1001.104 and 1001.105, Education
3078	3078	Code, are amended to read as follows:
3079	3079	Sec. 1001.104. HOSPITAL AND REHABILITATION FACILITIES.
3080	3080	(a) The department [agency] shall enter into a memorandum of
3081	3081	understanding with the Department of Assistive and Rehabilitative
3082	3082	Services [Texas Rehabilitation Commission] and the Department of
3083	3083	Public Safety [department] for the interagency development of
3084	3084	curricula and licensing criteria for hospital and rehabilitation
3085	3085	facilities that teach driver education.
3086	3086	(b) The department [agency] shall administer comprehensive
3087	3087	rules governing driver education courses adopted by mutual
3088	3088	agreement among the commission [agency], the Department of
3089	3089	Assistive and Rehabilitative Services [Texas Rehabilitation
3090	3090	Commission], and the Department of Public Safety [department].
3091	3091	Sec. 1001.105. TEXAS DEPARTMENT OF INSURANCE. The
3092	3092	department [agency] shall enter into a memorandum of understanding
3093	3093	with the Texas Department of Insurance for the interagency
3094	3094	development of a curriculum for driving safety courses.
3095	3095	SECTION 135. Subsections (b), (c), and (d), Section
3096	3096	1001.106, Education Code, are amended to read as follows:
3097	3097	(b) The commission [commissioner] by rule shall provide
3098	3098	minimum standards of curriculum relating to operation of vehicles
3099	3099	at railroad and highway grade crossings.
3100	3100	(c) Subchapter F, Chapter 51, Occupations Code, Section
3101	3101	51.353, Occupations Code, and Sections [1001.454,] 1001.456[,] and
3102	3102	1001.553 of this code do not apply to a violation of this section or
3103	3103	a rule adopted under this section.
3104	3104	(d) Section 51.352, Occupations Code, and Sections
3105	3105	1001.455(a)(6), 1001.501, [1001.551, 1001.552,] and 1001.554 of
3106	3106	this code do not apply to a violation of this section.
3107	3107	SECTION 136. Section 1001.107, Education Code, is amended
3108	3108	to read as follows:
3109	3109	Sec. 1001.107. INFORMATION RELATING TO LITTER PREVENTION.
3110	3110	(a) The commission [commissioner] by rule shall require that
3111	3111	information relating to litter prevention be included in the
3112	3112	curriculum of each driver education and driving safety course.
3113	3113	(b) In developing rules under this section, the commission
3114	3114	[commissioner] shall consult the Department of Public Safety
3115	3115	[department].
3116	3116	SECTION 137. Subsections (a) and (c), Section 1001.108,
3117	3117	Education Code, are amended to read as follows:
3118	3118	(a) The commission [commissioner] by rule shall require
3119	3119	that information relating to anatomical gifts be included in the
3120	3120	curriculum of each driver education course and driving safety
3121	3121	course.
3122	3122	(c) In developing rules under this section, the commission
3123	3123	[commissioner] shall consult with the Department of Public Safety
3124	3124	[department] and the [Texas] Department of State Health Services.
3125	3125	SECTION 138. Section 1001.110, Education Code, is amended
3126	3126	to read as follows:
3127	3127	Sec. 1001.110. INFORMATION RELATING TO DRIVING
3128	3128	DISTRACTIONS. (a) The commission [commissioner] by rule shall
3129	3129	require that information relating to the effect of using a wireless
3130	3130	communication device or engaging in other actions that may distract
3131	3131	a driver on the safe or effective operation of a motor vehicle be
3132	3132	included in the curriculum of each driver education course or
3133	3133	driving safety course.
3134	3134	(b) In developing rules under this section, the commission
3135	3135	[commissioner] shall consult with the Department of Public Safety
3136	3136	[department].
3137	3137	SECTION 139. Subsection (a), 1001.111, Education Code, is
3138	3138	amended to read as follows:
3139	3139	(a) The commission [commissioner] by rule shall provide
3140	3140	minimum standards of curriculum for and designate the educational
3141	3141	materials to be used in a driving safety course designed for drivers
3142	3142	younger than 25 years of age.
3143	3143	SECTION 140. Sections 1001.151, 1001.152, and 1001.153,
3144	3144	Education Code, are amended to read as follows:
3145	3145	Sec. 1001.151. APPLICATION, LICENSE, AND REGISTRATION
3146	3146	FEES. (a) The commission by rule [commissioner] shall establish
3147	3147	[collect] application, license, and registration fees. The fees
3148	3148	must be in amounts sufficient to cover administrative costs and are
3149	3149	nonrefundable. The department shall collect the application,
3150	3150	license, and registration fees.
3151	3151	(b) The commission by rule shall establish a fee for:
3152	3152	(1) an initial driver education school license and [is
3153	3153	$1,000 plus $850] for each branch location;
3154	3154	(2) [.
3155	3155	[(c) The fee for] an initial driving safety school license;
3156	3156	(3) [is an appropriate amount established by the
3157	3157	commissioner not to exceed $200.
3158	3158	[(d) The fee for] an initial course provider license [is an
3159	3159	appropriate amount established by the commissioner not to exceed
3160	3160	$2,000], except that the commission [agency] may waive the fee if
3161	3161	revenue received from the course provider is sufficient to cover
3162	3162	the cost of licensing the course provider;
3163	3163	(4) the [.
3164	3164	[(e) The] annual renewal [fee] for a course provider,
3165	3165	driving safety school, driver education school, or branch location
3166	3166	[is an appropriate amount established by the commissioner not to
3167	3167	exceed $200], except that the commission [agency] may waive the fee
3168	3168	if revenue generated by the issuance of course completion
3169	3169	certificate numbers and driver education certificates is
3170	3170	sufficient to cover the cost of administering this chapter and
3171	3171	Article 45.0511, Code of Criminal Procedure;
3172	3172	(5) [.
3173	3173	[(f) The fee for] a change of address of[:
3174	3174	[(1)] a driver education school, [is $180; and
3175	3175	[(2) a] driving safety school, or course provider;
3176	3176	(6) [is $50.
3177	3177	[(g) The fee for] a change of name of:
3178	3178	(A) [(1)] a driver education school or course
3179	3179	provider or an owner of a driver education school or course provider
3180	3180	[is $100]; or
3181	3181	(B) [and
3182	3182	[(2)] a driving safety school or owner of a driving
3183	3183	safety school;
3184	3184	(7) [is $50.
3185	3185	[(h) The application fee for] each additional driver
3186	3186	education or driving safety course at a driver training school; and
3187	3187	(8) an [is $25.
3188	3188	[(i) The application fee for:
3189	3189	[(1) each director is $30; and
3190	3190	[(2) each assistant director or administrative staff
3191	3191	member is $15.
3192	3192	[(j) Each] application for approval of a driving safety
3193	3193	course that has not been evaluated by the department [commissioner
3194	3194	must be accompanied by a nonrefundable fee of $9,000].
3195	3195	(c) [(k)] An application for an original driver education
3196	3196	or driving safety instructor license must be accompanied by a
3197	3197	processing fee [of $50] and an annual license fee [of $25], except
3198	3198	that the department [commissioner] may not collect the processing
3199	3199	fee from an applicant for a driver education instructor license who
3200	3200	is currently teaching a driver education course in a public school
3201	3201	in this state.
3202	3202	(d) [(l)] The commission [commissioner] shall establish the
3203	3203	amount of the fee for a duplicate license.
3204	3204	(e) [(m)] The commission [commissioner] may establish a fee
3205	3205	for an application for approval to offer a driver education course
3206	3206	by an alternative method of instruction under Section 1001.3541 in
3207	3207	an amount the commission [commissioner] considers appropriate, not
3208	3208	to exceed the amount sufficient to cover the costs of considering
3209	3209	the application.
3210	3210	Sec. 1001.152. DUTY TO REVIEW AND RECOMMEND ADJUSTMENTS IN
3211	3211	FEE AMOUNTS. The commission [commissioner] shall periodically
3212	3212	review the amounts of fees and recommend to the legislature
3213	3213	adjustments to those amounts.
3214	3214	Sec. 1001.153. COMPLAINT INVESTIGATION FEE. (a) The
3215	3215	commission [commissioner] shall establish the amount of the fee to
3216	3216	investigate a driver training school or course provider to resolve
3217	3217	a complaint against the school or course provider.
3218	3218	(b) The fee may be charged only if:
3219	3219	(1) the complaint could not have been resolved solely
3220	3220	by telephone or in writing;
3221	3221	(2) a representative of the department [agency]
3222	3222	visited the school or course provider as a part of the complaint
3223	3223	resolution process; and
3224	3224	(3) the school or course provider was found to be at
3225	3225	fault.
3226	3226	SECTION 141. Subsection (b), Section 1001.202, Education
3227	3227	Code, is amended to read as follows:
3228	3228	(b) A driving safety school may use multiple classroom
3229	3229	locations to teach a driving safety course if each location:
3230	3230	(1) is approved by the parent school and the
3231	3231	department [agency];
3232	3232	(2) has the same name as the parent school; and
3233	3233	(3) has the same ownership as the parent school.
3234	3234	SECTION 142. Sections 1001.203, 1001.204, 1001.205, and
3235	3235	1001.206, Education Code, are amended to read as follows:
3236	3236	Sec. 1001.203. APPLICATION. To operate or do business in
3237	3237	this state, a driver training school must apply to the department
3238	3238	[commissioner] for the appropriate license. The application must:
3239	3239	(1) be in writing;
3240	3240	(2) be in the form prescribed by the department
3241	3241	[commissioner];
3242	3242	(3) include all required information; and
3243	3243	(4) be verified.
3244	3244	Sec. 1001.204. REQUIREMENTS FOR DRIVER EDUCATION SCHOOL
3245	3245	LICENSE. The department [commissioner] shall approve an
3246	3246	application for a driver education school license if, on
3247	3247	investigation of the premises of the school, it is determined that
3248	3248	the school:
3249	3249	(1) has courses, curricula, and instruction of a
3250	3250	quality, content, and length that reasonably and adequately achieve
3251	3251	the stated objective for which the courses, curricula, and
3252	3252	instruction are offered;
3253	3253	(2) has adequate space, equipment, instructional
3254	3254	material, and instructors to provide training of good quality in
3255	3255	the classroom and behind the wheel;
3256	3256	(3) has [directors,] instructors[, and
3257	3257	administrators] who have adequate educational qualifications and
3258	3258	experience;
3259	3259	(4) provides to each student before enrollment:
3260	3260	(A) a copy of:
3261	3261	(i) the refund policy;
3262	3262	(ii) the schedule of tuition, fees, and
3263	3263	other charges; and
3264	3264	(iii) the regulations relating to absence,
3265	3265	grading policy, and rules of operation and conduct; and
3266	3266	(B) the department's name, mailing address,
3267	3267	[and] telephone number, and Internet website address [of the
3268	3268	agency] for the purpose of directing complaints to the department
3269	3269	[agency];
3270	3270	(5) maintains adequate records as prescribed by the
3271	3271	department [commissioner] to show attendance and progress or grades
3272	3272	and enforces satisfactory standards relating to attendance,
3273	3273	progress, and conduct;
3274	3274	(6) on completion of training, issues each student a
3275	3275	certificate indicating the course name and satisfactory completion;
3276	3276	(7) complies with all county, municipal, state, and
3277	3277	federal regulations, including fire, building, and sanitation
3278	3278	codes and assumed name registration;
3279	3279	(8) is financially sound and capable of fulfilling its
3280	3280	commitments for training;
3281	3281	(9) has [administrators, directors,] owners[,] and
3282	3282	instructors who are of good reputation and character;
3283	3283	(10) maintains and publishes as part of its student
3284	3284	enrollment contract the proper policy for the refund of the unused
3285	3285	portion of tuition, fees, and other charges if a student fails to
3286	3286	take the course or withdraws or is discontinued from the school at
3287	3287	any time before completion;
3288	3288	(11) does not use erroneous or misleading advertising,
3289	3289	either by actual statement, omission, or intimation, as determined
3290	3290	by the department [commissioner];
3291	3291	(12) does not use a name similar to the name of another
3292	3292	existing school or tax-supported educational institution in this
3293	3293	state, unless specifically approved in writing by the executive
3294	3294	director [commissioner];
3295	3295	(13) submits to the department [agency] for approval
3296	3296	the applicable course hour lengths and curriculum content for each
3297	3297	course offered by the school;
3298	3298	(14) does not owe an administrative penalty for a
3299	3299	violation of [under] this chapter; and
3300	3300	(15) meets any additional criteria required by the
3301	3301	department [agency].
3302	3302	Sec. 1001.205. REQUIREMENTS FOR DRIVING SAFETY SCHOOL
3303	3303	LICENSE. The department [commissioner] shall approve an
3304	3304	application for a driving safety school license if on investigation
3305	3305	the department [agency] determines that the school:
3306	3306	(1) has driving safety courses, curricula, and
3307	3307	instruction of a quality, content, and length that reasonably and
3308	3308	adequately achieve the stated objective for which the course,
3309	3309	curricula, and instruction are developed by the course provider;
3310	3310	(2) has adequate space, equipment, instructional
3311	3311	material, and instructors to provide training of good quality;
3312	3312	(3) has instructors [and administrators] who have
3313	3313	adequate educational qualifications and experience;
3314	3314	(4) maintains adequate records as prescribed by the
3315	3315	department [commissioner] to show attendance and progress or grades
3316	3316	and enforces satisfactory standards relating to attendance,
3317	3317	progress, and conduct;
3318	3318	(5) complies with all county, municipal, state, and
3319	3319	federal laws, including fire, building, and sanitation codes and
3320	3320	assumed name registration;
3321	3321	(6) has [administrators,] owners[,] and instructors
3322	3322	who are of good reputation and character;
3323	3323	(7) does not use erroneous or misleading advertising,
3324	3324	either by actual statement, omission, or intimation, as determined
3325	3325	by the department [commissioner];
3326	3326	(8) does not use a name similar to the name of another
3327	3327	existing school or tax-supported educational establishment in this
3328	3328	state, unless specifically approved in writing by the executive
3329	3329	director [commissioner];
3330	3330	(9) maintains and uses the approved contract and
3331	3331	policies developed by the course provider;
3332	3332	(10) does not owe an administrative penalty for a
3333	3333	violation of [under] this chapter;
3334	3334	(11) will not provide a driving safety course to a
3335	3335	person for less than $25; and
3336	3336	(12) meets additional criteria required by the
3337	3337	department [commissioner].
3338	3338	Sec. 1001.206. REQUIREMENTS FOR COURSE PROVIDER LICENSE.
3339	3339	The department [commissioner] shall approve an application for a
3340	3340	course provider license if on investigation the department [agency]
3341	3341	determines that:
3342	3342	(1) the course provider has an approved course that at
3343	3343	least one licensed driving safety school is willing to offer;
3344	3344	(2) the course provider has adequate educational
3345	3345	qualifications and experience;
3346	3346	(3) the course provider will:
3347	3347	(A) develop and provide to each driving safety
3348	3348	school that offers the approved course a copy of:
3349	3349	(i) the refund policy; and
3350	3350	(ii) the regulations relating to absence,
3351	3351	grading policy, and rules of operation and conduct; and
3352	3352	(B) provide to the driving safety school the
3353	3353	department's name, mailing address, [and] telephone number, and
3354	3354	Internet website address [of the agency] for the purpose of
3355	3355	directing complaints to the department [agency];
3356	3356	(4) a copy of the information provided to each driving
3357	3357	safety school under Subdivision (3) will be provided to each
3358	3358	student by the school before enrollment;
3359	3359	(5) not later than the 15th working day after the date
3360	3360	a [the] person successfully completes the course, the course
3361	3361	provider will issue and deliver to the person by United States mail
3362	3362	or commercial delivery [mail] a uniform certificate of course
3363	3363	completion [to the person] indicating the course name and
3364	3364	successful completion;
3365	3365	(6) the course provider maintains adequate records as
3366	3366	prescribed by the department [commissioner] to show attendance and
3367	3367	progress or grades and enforces satisfactory standards relating to
3368	3368	attendance, progress, and conduct;
3369	3369	(7) the course provider complies with all county,
3370	3370	municipal, state, and federal laws, including assumed name
3371	3371	registration and other applicable requirements;
3372	3372	(8) the course provider is financially sound and
3373	3373	capable of fulfilling its commitments for training;
3374	3374	(9) the course provider is of good reputation and
3375	3375	character;
3376	3376	(10) the course provider maintains and publishes as a
3377	3377	part of its student enrollment contract the proper policy for the
3378	3378	refund of the unused portion of tuition, fees, and other charges if
3379	3379	a student fails to take the course or withdraws or is discontinued
3380	3380	from the school at any time before completion;
3381	3381	(11) the course provider does not use erroneous or
3382	3382	misleading advertising, either by actual statement, omission, or
3383	3383	intimation, as determined by the department [commissioner];
3384	3384	(12) the course provider does not use a name similar to
3385	3385	the name of another existing school or tax-supported educational
3386	3386	institution in this state, unless specifically approved in writing
3387	3387	by the executive director [commissioner];
3388	3388	(13) the course provider does not owe an
3389	3389	administrative penalty for a violation of [under] this chapter; and
3390	3390	(14) the course provider meets additional criteria
3391	3391	required by the department [commissioner].
3392	3392	SECTION 143. Subsections (a) and (b), Section 1001.207,
3393	3393	Education Code, are amended to read as follows:
3394	3394	(a) Before a driver education school may be issued a
3395	3395	license, the school must file a corporate surety bond with the
3396	3396	department [commissioner] in the amount of:
3397	3397	(1) $10,000 for the primary location of the school; and
3398	3398	(2) $5,000 for each branch location.
3399	3399	(b) A bond issued under Subsection (a) must be:
3400	3400	(1) issued in a form approved by the department
3401	3401	[commissioner];
3402	3402	(2) issued by a company authorized to do business in
3403	3403	this state;
3404	3404	(3) payable to the state to be used only for payment of
3405	3405	a refund due to a student or potential student;
3406	3406	(4) conditioned on the compliance of the school and
3407	3407	its officers, agents, and employees with this chapter and rules
3408	3408	adopted under this chapter; and
3409	3409	(5) issued for a period corresponding to the term of
3410	3410	the license.
3411	3411	SECTION 144. Subsection (b), Section 1001.209, Education
3412	3412	Code, is amended to read as follows:
3413	3413	(b) A bond issued under Subsection (a) must be:
3414	3414	(1) issued by a company authorized to do business in
3415	3415	this state;
3416	3416	(2) payable to the state to be used:
3417	3417	(A) for payment of a refund due a student of the
3418	3418	course provider's approved course;
3419	3419	(B) to cover the payment of unpaid fees or
3420	3420	penalties assessed by the executive director [agency]; or
3421	3421	(C) to recover any cost associated with providing
3422	3422	course completion certificate numbers, including the cancellation
3423	3423	of certificate numbers;
3424	3424	(3) conditioned on the compliance of the course
3425	3425	provider and its officers, agents, and employees with this chapter
3426	3426	and rules adopted under this chapter; and
3427	3427	(4) issued for a period corresponding to the term of
3428	3428	the license.
3429	3429	SECTION 145. Section 1001.210, Education Code, is amended
3430	3430	to read as follows:
3431	3431	Sec. 1001.210. ALTERNATE FORM OF SECURITY. Instead of the
3432	3432	bond required by Section 1001.207 or 1001.209, a driver education
3433	3433	school or course provider may provide another form of security that
3434	3434	is:
3435	3435	(1) [(A)] approved by the department [commissioner];
3436	3436	and
3437	3437	(2) [(B)] in the amount required for a comparable bond
3438	3438	under Section 1001.207 or 1001.209.
3439	3439	SECTION 146. Subsections (a) and (b), Section 1001.211,
3440	3440	Education Code, are amended to read as follows:
3441	3441	(a) The executive director [commissioner] shall issue a
3442	3442	license to an applicant for a license under this subchapter if:
3443	3443	(1) the application is submitted in accordance with
3444	3444	this subchapter; and
3445	3445	(2) the applicant meets the requirements of this
3446	3446	chapter.
3447	3447	(b) A license must be in a form determined by the department
3448	3448	[commissioner] and must show in a clear and conspicuous manner:
3449	3449	(1) the date of issuance, effective date, and term of
3450	3450	the license;
3451	3451	(2) the name and address of the driver training school
3452	3452	or course provider;
3453	3453	(3) the authority for and conditions of approval;
3454	3454	(4) the executive director's [commissioner's]
3455	3455	signature; and
3456	3456	(5) any other fair and reasonable representation that
3457	3457	is consistent with this chapter and that the department
3458	3458	[commissioner] considers necessary.
3459	3459	SECTION 147. Section 1001.212, Education Code, is amended
3460	3460	to read as follows:
3461	3461	Sec. 1001.212. NOTICE OF DENIAL OF LICENSE. The department
3462	3462	[commissioner] shall provide a person whose application for a
3463	3463	license under this subchapter is denied a written statement of the
3464	3464	reasons for the denial.
3465	3465	SECTION 148. Subsections (c) and (d), Section 1001.213,
3466	3466	Education Code, are amended to read as follows:
3467	3467	(c) The commission may establish [Instead of the] fees in
3468	3468	amounts that are different from the amounts established under
3469	3469	[required by] Section 1001.151[, the fee] for a new driver
3470	3470	education school or course provider license under Subsection (b)
3471	3471	and [is $500, plus $200] for each branch location[,] if:
3472	3472	(1) the new owner is substantially similar to the
3473	3473	previous owner; and
3474	3474	(2) there is no significant change in the management
3475	3475	or control of the driver education school or course provider.
3476	3476	(d) The department [commissioner] is not required to
3477	3477	reinspect a school or a branch location after a change of ownership.
3478	3478	SECTION 149. Section 1001.214, Education Code, is amended
3479	3479	to read as follows:
3480	3480	Sec. 1001.214. DUPLICATE LICENSE. A duplicate license may
3481	3481	be issued to a driver training school or course provider if:
3482	3482	(1) the original license is lost or destroyed; and
3483	3483	(2) an affidavit of that fact is filed with the
3484	3484	department [agency].
3485	3485	SECTION 150. Section 1001.251, Education Code, is amended
3486	3486	to read as follows:
3487	3487	Sec. 1001.251. LICENSE REQUIRED FOR INSTRUCTOR. (a) A
3488	3488	person may not teach or provide driver education, either as an
3489	3489	individual or in a driver education school, or conduct any phase of
3490	3490	driver education, unless the person holds a driver education
3491	3491	instructor license issued by the executive director [agency].
3492	3492	(b) A person may not teach or provide driving safety
3493	3493	training, either as an individual or in a driving safety school, or
3494	3494	conduct any phase of driving safety education, unless the person
3495	3495	holds a driving safety instructor license issued by the executive
3496	3496	director [agency]. This subsection does not apply to an instructor
3497	3497	of a driving safety course that does not provide a uniform
3498	3498	certificate of course completion to its graduates.
3499	3499	SECTION 151. Subsections (b), (c), (d), (e), and (f),
3500	3500	Section 1001.2511, Education Code, are amended to read as follows:
3501	3501	(b) The department [agency] shall review the national
3502	3502	criminal history record information of a person who holds a license
3503	3503	described by Subsection (a).
3504	3504	(c) The executive director [agency] shall place a license
3505	3505	described by Subsection (a) on inactive status for the license
3506	3506	holder's failure to comply with a deadline for submitting
3507	3507	information required under this section.
3508	3508	(d) The department [agency] may allow a person who is
3509	3509	applying for a license described by Subsection (a) and who
3510	3510	currently resides in another state to submit the person's
3511	3511	fingerprints and other required information in a manner that does
3512	3512	not impose an undue hardship on the person.
3513	3513	(e) The commission [commissioner] may adopt rules to
3514	3514	administer this section, including rules establishing:
3515	3515	(1) deadlines for a person to submit fingerprints and
3516	3516	photographs in compliance with this section;
3517	3517	(2) sanctions for a person's failure to comply with the
3518	3518	requirements of this section, including suspension or revocation of
3519	3519	or refusal to issue a license described by Subsection (a); and
3520	3520	(3) notification to a driver education school of
3521	3521	relevant information obtained by the department [agency] under this
3522	3522	section.
3523	3523	(f) The department [agency] is not civilly or criminally
3524	3524	liable for an action taken in compliance with this section.
3525	3525	SECTION 152. Section 1001.2512, Education Code, is amended
3526	3526	to read as follows:
3527	3527	Sec. 1001.2512. FEES FOR CRIMINAL HISTORY RECORD
3528	3528	INFORMATION REVIEW. The commission [commissioner] by rule shall
3529	3529	require a person submitting to a national criminal history record
3530	3530	information review under Section 1001.2511 or the driver education
3531	3531	school employing the person, as determined by the department
3532	3532	[agency], to pay a fee for the review in an amount not to exceed the
3533	3533	amount of any fee imposed on an application for certification under
3534	3534	Subchapter B, Chapter 21, for a national criminal history record
3535	3535	information review under Section 22.0837.
3536	3536	SECTION 153. Subsections (a), (b), and (d), Section
3537	3537	1001.2514, Education Code, are amended to read as follows:
3538	3538	(a) A driver education school shall discharge or refuse to
3539	3539	hire as an instructor an employee or applicant for employment if the
3540	3540	department [agency] obtains information through a criminal history
3541	3541	record information review that:
3542	3542	(1) the employee or applicant has been convicted of:
3543	3543	(A) a felony offense under Title 5, Penal Code;
3544	3544	(B) an offense on conviction of which a defendant
3545	3545	is required to register as a sex offender under Chapter 62, Code of
3546	3546	Criminal Procedure; or
3547	3547	(C) an offense under the laws of another state or
3548	3548	federal law that is equivalent to an offense under Paragraph (A) or
3549	3549	(B); and
3550	3550	(2) at the time the offense occurred, the victim of the
3551	3551	offense described by Subdivision (1) was under 18 years of age or
3552	3552	was enrolled in a public school.
3553	3553	(b) The executive director [agency] shall suspend or revoke
3554	3554	a license described by Section 1001.2511(a) held by a person under
3555	3555	this subchapter and shall refuse to issue or renew a license
3556	3556	described by Section 1001.2511(a) to a person under this subchapter
3557	3557	if the person has been convicted of an offense described by
3558	3558	Subsection (a) of this section.
3559	3559	(d) A driver education school may discharge an employee who
3560	3560	serves as an instructor if the school obtains information of the
3561	3561	employee's conviction of a felony or of a misdemeanor involving
3562	3562	moral turpitude that the employee did not disclose to the school or
3563	3563	the department [agency]. An employee discharged under this
3564	3564	subsection is considered to have been discharged for misconduct for
3565	3565	purposes of Section 207.044, Labor Code.
3566	3566	SECTION 154. Section 1001.252, Education Code, is amended
3567	3567	to read as follows:
3568	3568	Sec. 1001.252. SIGNATURE AND SEAL ON LICENSE REQUIRED. A
3569	3569	license under this subchapter must be signed by the executive
3570	3570	director [commissioner].
3571	3571	SECTION 155. Subsections (a), (b), (c), (d), (e), and (f),
3572	3572	Section 1001.253, Education Code, are amended to read as follows:
3573	3573	(a) The department [commissioner] shall establish standards
3574	3574	for certification of professional and paraprofessional personnel
3575	3575	who conduct driver education programs in driver education schools.
3576	3576	(b) A driver education instructor license authorizing a
3577	3577	person to teach or provide behind-the-wheel training may not be
3578	3578	issued unless the person has successfully completed six semester
3579	3579	hours of driver and traffic safety education or a program of study
3580	3580	in driver education approved by the department [commissioner] from
3581	3581	an approved driver education school.
3582	3582	(c) A person who holds a driver education instructor license
3583	3583	authorizing behind-the-wheel training may not be approved to assist
3584	3584	a classroom instructor in the classroom phase of driver education
3585	3585	unless the person has successfully completed the three additional
3586	3586	semester hours of training required for a classroom instructor or a
3587	3587	program of study in driver education approved by the department
3588	3588	[commissioner].
3589	3589	(d) Except as provided by Subsection (g) or Section
3590	3590	1001.254, a driver education instructor license authorizing a
3591	3591	person to teach or provide classroom training may not be issued
3592	3592	unless the person:
3593	3593	(1) has completed nine semester hours of driver and
3594	3594	traffic safety education or a program of study in driver education
3595	3595	approved by the department [commissioner] from an approved driver
3596	3596	education school; and
3597	3597	(2) holds a teaching certificate and any additional
3598	3598	certification required to teach driver education.
3599	3599	(e) A driver education instructor who has completed the
3600	3600	educational requirements prescribed by Subsection (d)(1) may not
3601	3601	teach instructor training classes unless the instructor has
3602	3602	successfully completed a supervising instructor development
3603	3603	program consisting of at least six additional semester hours or a
3604	3604	program of study in driver education approved by the department
3605	3605	[commissioner] that includes administering driver education
3606	3606	programs and supervising and administering traffic safety
3607	3607	education.
3608	3608	(f) A driver education school may submit for department
3609	3609	[agency] approval a curriculum for an instructor development
3610	3610	program for driver education instructors. The program must:
3611	3611	(1) be taught by a person who has completed a
3612	3612	supervising instructor development program under Subsection (e);
3613	3613	and
3614	3614	(2) satisfy the requirements of this section for the
3615	3615	particular program or type of training to be provided.
3616	3616	SECTION 156. Subsection (a), Section 1001.254, Education
3617	3617	Code, is amended to read as follows:
3618	3618	(a) A temporary driver education instructor license may be
3619	3619	issued authorizing a person to teach or provide classroom driver
3620	3620	education training if the person:
3621	3621	(1) has completed the educational requirements
3622	3622	prescribed by Section 1001.253(d)(1);
3623	3623	(2) holds a Texas teaching certificate with an
3624	3624	effective date before February 1, 1986;
3625	3625	(3) meets all license requirements, other than
3626	3626	successful completion of the examination required under rules
3627	3627	adopted by the commissioner of education [State Board for Educator
3628	3628	Certification] to revalidate the teaching certificate; and
3629	3629	(4) demonstrates, in a manner prescribed by the
3630	3630	department [commissioner], the intention to comply with the
3631	3631	examination requirement at the first available opportunity.
3632	3632	SECTION 157. Subsections (a), (b), and (c), Section
3633	3633	1001.255, Education Code, are amended to read as follows:
3634	3634	(a) The department [agency] shall regulate as a driver
3635	3635	education school a driver education instructor who:
3636	3636	(1) teaches driver education courses in a county
3637	3637	having a population of 50,000 or less; and
3638	3638	(2) does not teach more than 200 students annually.
3639	3639	(b) An instructor described by Subsection (a) must submit to
3640	3640	the department [agency] an application for an initial or renewal
3641	3641	driver education school license, together with all required
3642	3642	documentation and information.
3643	3643	(c) The department [commissioner] may waive initial or
3644	3644	renewal driver education school license fees or the fee for a
3645	3645	director or administrative staff member.
3646	3646	SECTION 158. Section 1001.256, Education Code, is amended
3647	3647	to read as follows:
3648	3648	Sec. 1001.256. DUPLICATE LICENSE. A duplicate license may
3649	3649	be issued to a driver education instructor or driving safety
3650	3650	instructor if:
3651	3651	(1) the original license is lost or destroyed; and
3652	3652	(2) an affidavit of that fact is filed with the
3653	3653	department [agency].
3654	3654	SECTION 159. Section 1001.257, Education Code, is amended
3655	3655	to read as follows:
3656	3656	Sec. 1001.257. DENIAL OF LICENSE. The executive director
3657	3657	[commissioner] may not issue or renew a driver education instructor
3658	3658	license, including a temporary license, to a person who has six or
3659	3659	more points assigned to the person's driver's license under
3660	3660	Subchapter B, Chapter 708, Transportation Code.
3661	3661	SECTION 160. Section 1001.303, Education Code, is amended
3662	3662	to read as follows:
3663	3663	Sec. 1001.303. RENEWAL OF SCHOOL OR COURSE PROVIDER
3664	3664	LICENSE. (a) To renew the license of a driver education school,
3665	3665	driving safety school, or course provider, the school or course
3666	3666	provider must submit to the department [commissioner] a complete
3667	3667	application for renewal at least 30 days before the expiration date
3668	3668	of the license.
3669	3669	(b) A school or course provider that does not comply with
3670	3670	Subsection (a) must, as a condition of renewal of the person's
3671	3671	license, pay a late renewal fee. The late renewal fee is in
3672	3672	addition to the annual renewal fee. The commission by rule shall
3673	3673	establish a late renewal fee [must be in the amount established by
3674	3674	board rule of at least $100, subject to Subchapter D].
3675	3675	(c) The department [commissioner] may reexamine a driver
3676	3676	education school's premises.
3677	3677	(d) The executive director [commissioner] shall renew or
3678	3678	cancel the driver education school, driving safety school, or
3679	3679	course provider license.
3680	3680	SECTION 161. Subsections (b) and (c), Section 1001.304,
3681	3681	Education Code, are amended to read as follows:
3682	3682	(b) The continuing education must be:
3683	3683	(1) in courses approved by the department
3684	3684	[commissioner]; and
3685	3685	(2) for the number of hours established by the
3686	3686	commission [commissioner].
3687	3687	(c) An applicant who does not comply with Subsection (a)
3688	3688	must pay a late renewal fee in the amount established by commission
3689	3689	rule [of $25].
3690	3690	SECTION 162. Subsections (a) and (b), Section 1001.351,
3691	3691	Education Code, are amended to read as follows:
3692	3692	(a) Not later than the 15th working day after the course
3693	3693	completion date, a course provider or a person at the course
3694	3694	provider's facilities shall issue and deliver by United States mail
3695	3695	or commercial delivery a uniform certificate of course completion
3696	3696	[by mail or commercial delivery] to a person who successfully
3697	3697	completes an approved driving safety course.
3698	3698	(b) A course provider shall electronically submit to the
3699	3699	department [agency] in the manner established by the department
3700	3700	[agency] data identified by the department [agency] relating to
3701	3701	uniform certificates of course completion issued by the course
3702	3702	provider.
3703	3703	SECTION 163. Subsections (a) and (b), Section 1001.354,
3704	3704	Education Code, are amended to read as follows:
3705	3705	(a) A driving safety course may be taught at a driving
3706	3706	safety school if the school is approved by the department [agency].
3707	3707	(b) A driving safety school may teach an approved driving
3708	3708	safety course by an alternative method that does not require
3709	3709	students to be present in a classroom if the department
3710	3710	[commissioner] approves the alternative method. The department
3711	3711	[commissioner] may approve the alternative method if:
3712	3712	(1) the department [commissioner] determines that the
3713	3713	approved driving safety course can be taught by the alternative
3714	3714	method; and
3715	3715	(2) the alternative method includes testing and
3716	3716	security measures that are at least as secure as the measures
3717	3717	available in the usual classroom setting.
3718	3718	SECTION 164. Section 1001.3541, Education Code, is amended
3719	3719	to read as follows:
3720	3720	Sec. 1001.3541. ALTERNATIVE METHOD OF INSTRUCTION FOR
3721	3721	DRIVER EDUCATION COURSE. (a) A driver education school may teach
3722	3722	all or part of the classroom portion of an approved driver education
3723	3723	course by an alternative method of instruction that does not
3724	3724	require students to be present in a classroom if the department
3725	3725	[commissioner] approves the alternative method.
3726	3726	(b) The department [commissioner] may approve the
3727	3727	alternative method only if:
3728	3728	(1) the alternative method includes testing and
3729	3729	security measures that the department [commissioner] determines
3730	3730	are at least as secure as the measures available in the usual
3731	3731	classroom setting; and
3732	3732	(2) the course, with the use of the alternative
3733	3733	method, satisfies any other requirement applicable to a course in
3734	3734	which the classroom portion is taught to students in the usual
3735	3735	classroom setting.
3736	3736	SECTION 165. Subsections (b) and (c), Section 1001.404,
3737	3737	Education Code, are amended to read as follows:
3738	3738	(b) The department [commissioner] shall establish annually
3739	3739	the rate of interest for a refund at a rate sufficient to provide a
3740	3740	deterrent to the retention of student money.
3741	3741	(c) The department [agency] may except a driver education
3742	3742	school or course provider from the payment of interest if the school
3743	3743	or course provider makes a good-faith effort to refund tuition,
3744	3744	fees, and other charges but is unable to locate the student to whom
3745	3745	the refund is owed. On request of the department [agency], the
3746	3746	school or course provider shall document the effort to locate a
3747	3747	student.
3748	3748	SECTION 166. Sections 1001.451 and 1001.452, Education
3749	3749	Code, are amended to read as follows:
3750	3750	Sec. 1001.451. PROHIBITED PRACTICES. A person may not:
3751	3751	(1) use advertising designed to mislead or deceive a
3752	3752	prospective student;
3753	3753	(2) fail to notify the department [commissioner] of
3754	3754	the discontinuance of the operation of a driver training school
3755	3755	before the fourth working day after the date of cessation of classes
3756	3756	and make available accurate records as required by this chapter;
3757	3757	(3) issue, sell, trade, or transfer:
3758	3758	(A) a uniform certificate of course completion or
3759	3759	driver education certificate to a person or driver training school
3760	3760	not authorized to possess the certificate;
3761	3761	(B) a uniform certificate of course completion to
3762	3762	a person who has not successfully completed an approved, six-hour
3763	3763	driving safety course; or
3764	3764	(C) a driver education certificate to a person
3765	3765	who has not successfully completed a department-approved
3766	3766	[commissioner-approved] driver education course;
3767	3767	(4) negotiate a promissory instrument received as
3768	3768	payment of tuition or another charge before the student completes
3769	3769	75 percent of the course, except that before that time the
3770	3770	instrument may be assigned to a purchaser who becomes subject to any
3771	3771	defense available against the school named as payee; or
3772	3772	(5) conduct any part of an approved driver education
3773	3773	course or driving safety course without having an instructor
3774	3774	physically present in appropriate proximity to the student for the
3775	3775	type of instruction being given.
3776	3776	Sec. 1001.452. COURSE OF INSTRUCTION. A driver training
3777	3777	school may not maintain, advertise, solicit for, or conduct a
3778	3778	course of instruction in this state before the later of:
3779	3779	(1) the 30th day after the date the school applies for
3780	3780	a driver training school license; or
3781	3781	(2) the date the school receives a driver training
3782	3782	school license from the department [commissioner].
3783	3783	SECTION 167. Subsections (d) and (e), Section 1001.453,
3784	3784	Education Code, are amended to read as follows:
3785	3785	(d) Subchapter F, Chapter 51, Occupations Code, Section
3786	3786	51.353, Occupations Code, and Sections [1001.454,] 1001.456(a)[,]
3787	3787	and 1001.553 of this code do not apply to a violation of this
3788	3788	section or a rule adopted under this section.
3789	3789	(e) Section 51.352, Occupations Code, and Sections
3790	3790	1001.455(a)(6), 1001.501, [1001.551, 1001.552,] and 1001.554 of
3791	3791	this code do not apply to a violation of this section.
3792	3792	SECTION 168. Section 1001.455, Education Code, is amended
3793	3793	to read as follows:
3794	3794	Sec. 1001.455. DENIAL, SUSPENSION, OR REVOCATION OF
3795	3795	INSTRUCTOR LICENSE. (a) The executive director [agency] may deny
3796	3796	an application for an instructor license or suspend or revoke the
3797	3797	license of an instructor if the instructor:
3798	3798	(1) fails to meet a requirement for issuance of or
3799	3799	holding a license under this chapter;
3800	3800	(2) permits fraud or engages in fraudulent practices
3801	3801	relating to the application;
3802	3802	(3) induces or countenances fraud or fraudulent
3803	3803	practices on the part of an applicant for a driver's license or
3804	3804	permit;
3805	3805	(4) permits or engages in any other fraudulent
3806	3806	practice in an action between the applicant or license holder and
3807	3807	the public;
3808	3808	(5) fails to comply with commission [agency] rules
3809	3809	relating to driver instruction; or
3810	3810	(6) fails to comply with this chapter.
3811	3811	(b) Not later than the 10th day after the date of a denial,
3812	3812	suspension, or revocation under this section, the department
3813	3813	[agency] shall notify the applicant or license holder of that
3814	3814	action by certified mail.
3815	3815	SECTION 169. Section 1001.456, Education Code, is amended
3816	3816	to read as follows:
3817	3817	Sec. 1001.456. OTHER DISCIPLINARY ACTIONS. (a) If the
3818	3818	executive director [agency] believes that a driver education school
3819	3819	or instructor has violated this chapter or a rule adopted under this
3820	3820	chapter, the executive director [agency] may, without notice:
3821	3821	(1) order a peer review;
3822	3822	(2) suspend the enrollment of students in the school
3823	3823	or the offering of instruction by the instructor; or
3824	3824	(3) suspend the right to purchase driver education
3825	3825	certificates.
3826	3826	(b) If the executive director [agency] believes that a
3827	3827	course provider, driving safety school, or driving safety
3828	3828	instructor has violated this chapter or a rule adopted under this
3829	3829	chapter, the executive director [agency] may, without notice:
3830	3830	(1) order a peer review of the course provider,
3831	3831	driving safety school, or driving safety instructor;
3832	3832	(2) suspend the enrollment of students in the school
3833	3833	or the offering of instruction by the instructor; or
3834	3834	(3) suspend the right to purchase course completion
3835	3835	certificate numbers.
3836	3836	(c) A peer review ordered under this section must be
3837	3837	conducted by a team of knowledgeable persons selected by the
3838	3838	department [agency]. The team shall provide the department
3839	3839	[agency] with an objective assessment of the content of the
3840	3840	school's or course provider's curriculum and its application. The
3841	3841	school or course provider shall pay the costs of the peer review.
3842	3842	(d) A suspension of enrollment under Subsection (a)(2) or
3843	3843	(b)(2) means a ruling by the executive director [commissioner] that
3844	3844	restricts a school from:
3845	3845	(1) accepting enrollments or reenrollments;
3846	3846	(2) advertising;
3847	3847	(3) soliciting; or
3848	3848	(4) directly or indirectly advising prospective
3849	3849	students of its program or course offerings.
3850	3850	SECTION 170. Section 1001.458, Education Code, is amended
3851	3851	to read as follows:
3852	3852	Sec. 1001.458. SURRENDER OF LICENSE. (a) A license holder
3853	3853	whose license is suspended or revoked shall surrender the license
3854	3854	to the department [agency] not later than the fifth day after the
3855	3855	date of suspension or revocation.
3856	3856	(b) The department [agency] may reinstate a suspended
3857	3857	license on full compliance by the license holder with this chapter.
3858	3858	SECTION 171. Section 1001.459, Education Code, is amended
3859	3859	to read as follows:
3860	3860	Sec. 1001.459. APPEAL AND REQUEST FOR HEARING. (a) A
3861	3861	person aggrieved by a denial, suspension, or revocation of a
3862	3862	license may appeal the action and request a hearing before the State
3863	3863	Office of Administrative Hearings, which shall promptly set a
3864	3864	hearing date and give written notice of the time and place of the
3865	3865	hearing to the person. An administrative law judge of the State
3866	3866	Office of Administrative Hearings shall conduct the hearing
3867	3867	[commissioner].
3868	3868	(b) The administrative law judge shall make findings of fact
3869	3869	and conclusions of law and promptly issue to the commission a
3870	3870	proposal for a decision about the appealed action [request must be
3871	3871	submitted not later than the 15th day after the date the person
3872	3872	receives notice under Section 1001.455. On receipt of a request for
3873	3873	a hearing, the commissioner shall set a time and place for the
3874	3874	hearing and send notice of the time and place to the aggrieved
3875	3875	person].
3876	3876	SECTION 172. Subsections (a), (b), and (c), Section
3877	3877	1001.553, Education Code, are amended to read as follows:
3878	3878	(a) After an opportunity for a hearing, the executive
3879	3879	director or commission [commissioner] may impose an administrative
3880	3880	penalty on a person who violates this chapter or a rule adopted
3881	3881	under this chapter.
3882	3882	(b) The amount of the penalty may not exceed $5,000 [$1,000]
3883	3883	a day for each violation.
3884	3884	(c) An administrative penalty under this section shall be
3885	3885	imposed and collected as provided by Subchapter F, Chapter 51,
3886	3886	Occupations Code. [The attorney general, at the request of the
3887	3887	agency, may bring an action to collect the penalty.]
3888	3888	SECTION 173. Subsection (b), Section 1001.555, Education
3889	3889	Code, is amended to read as follows:
3890	3890	(b) The department [agency] shall contract with the
3891	3891	Department of Public Safety [department] to provide undercover and
3892	3892	investigative assistance in the enforcement of Subsection (a).
3893	3893	SECTION 174. Subsections (a) and (l), Article 15.27, Code
3894	3894	of Criminal Procedure, are amended to read as follows:
3895	3895	(a) A law enforcement agency that arrests any person or
3896	3896	refers a child to the office or official designated by the juvenile
3897	3897	board who the agency believes is enrolled as a student in a public
3898	3898	primary or secondary school, for an offense listed in Subsection
3899	3899	(h), shall attempt to ascertain whether the person is so enrolled.
3900	3900	If the law enforcement agency ascertains that the individual is
3901	3901	enrolled as a student in a public primary or secondary school, the
3902	3902	head of the agency or a person designated by the head of the agency
3903	3903	shall orally notify the superintendent or a person designated by
3904	3904	the superintendent in the school district in which the student is
3905	3905	enrolled of that arrest or referral within 24 hours after the arrest
3906	3906	or referral is made, or before the next school day, whichever is
3907	3907	earlier. If the law enforcement agency cannot ascertain whether
3908	3908	the individual is enrolled as a student, the head of the agency or a
3909	3909	person designated by the head of the agency shall orally notify the
3910	3910	superintendent or a person designated by the superintendent in the
3911	3911	school district in which the student is believed to be enrolled of
3912	3912	that arrest or detention within 24 hours after the arrest or
3913	3913	detention, or before the next school day, whichever is earlier. If
3914	3914	the individual is a student, the superintendent or the
3915	3915	superintendent's designee shall immediately notify all
3916	3916	instructional and support personnel who have responsibility for
3917	3917	supervision of the student. All personnel shall keep the
3918	3918	information received in this subsection confidential. The
3919	3919	commissioner of education [State Board for Educator Certification]
3920	3920	may revoke or suspend the certification of personnel who
3921	3921	intentionally violate this subsection. Within seven days after the
3922	3922	date the oral notice is given, the head of the law enforcement
3923	3923	agency or the person designated by the head of the agency shall mail
3924	3924	written notification, marked "PERSONAL and CONFIDENTIAL" on the
3925	3925	mailing envelope, to the superintendent or the person designated by
3926	3926	the superintendent. The written notification must include the
3927	3927	facts contained in the oral notification, the name of the person who
3928	3928	was orally notified, and the date and time of the oral notification.
3929	3929	Both the oral and written notice shall contain sufficient details
3930	3930	of the arrest or referral and the acts allegedly committed by the
3931	3931	student to enable the superintendent or the superintendent's
3932	3932	designee to determine whether there is a reasonable belief that the
3933	3933	student has engaged in conduct defined as a felony offense by the
3934	3934	Penal Code. The information contained in the notice shall be
3935	3935	considered by the superintendent or the superintendent's designee
3936	3936	in making such a determination.
3937	3937	(l) If a school district board of trustees learns of a
3938	3938	failure by the superintendent of the district or a district
3939	3939	principal to provide a notice required under Subsection (a), (a-1),
3940	3940	or (b), the board of trustees shall report the failure to the
3941	3941	commissioner of education [State Board for Educator
3942	3942	Certification]. If the governing body of a private primary or
3943	3943	secondary school learns of a failure by the principal of the school
3944	3944	to provide a notice required under Subsection (e), and the
3945	3945	principal holds a certificate issued under Subchapter B, Chapter
3946	3946	21, Education Code, the governing body shall report the failure to
3947	3947	the commissioner of education [State Board for Educator
3948	3948	Certification].
3949	3949	SECTION 175. Subsection (b), Article 42.018, Code of
3950	3950	Criminal Procedure, is amended to read as follows:
3951	3951	(b) Not later than the fifth day after the date a person who
3952	3952	holds a certificate issued under Subchapter B, Chapter 21,
3953	3953	Education Code, is convicted or granted deferred adjudication on
3954	3954	the basis of an offense, the clerk of the court in which the
3955	3955	conviction or deferred adjudication is entered shall provide to the
3956	3956	commissioner of education [State Board for Educator Certification]
3957	3957	written notice of the person's conviction or deferred adjudication,
3958	3958	including the offense on which the conviction or deferred
3959	3959	adjudication was based.
3960	3960	SECTION 176. Subsection (b), Article 45.0511, Code of
3961	3961	Criminal Procedure, is amended to read as follows:
3962	3962	(b) The judge shall require the defendant to successfully
3963	3963	complete a driving safety course approved by the Texas Department
3964	3964	of Licensing and Regulation [Education Agency] or a course under
3965	3965	the motorcycle operator training and safety program approved by the
3966	3966	designated state agency under Chapter 662, Transportation Code, if:
3967	3967	(1) the defendant elects driving safety course or
3968	3968	motorcycle operator training course dismissal under this article;
3969	3969	(2) the defendant:
3970	3970	(A) has not completed an approved driving safety
3971	3971	course or motorcycle operator training course, as appropriate,
3972	3972	within the 12 months preceding the date of the offense; or
3973	3973	(B) does not have a valid Texas driver's license
3974	3974	or permit, is a member, or the spouse or dependent child of a
3975	3975	member, of the United States military forces serving on active
3976	3976	duty, and has not completed a driving safety course or motorcycle
3977	3977	operator training course, as appropriate, in another state within
3978	3978	the 12 months preceding the date of the offense;
3979	3979	(3) the defendant enters a plea under Article 45.021
3980	3980	in person or in writing of no contest or guilty on or before the
3981	3981	answer date on the notice to appear and:
3982	3982	(A) presents in person or by counsel to the court
3983	3983	a request to take a course; or
3984	3984	(B) sends to the court by certified mail, return
3985	3985	receipt requested, postmarked on or before the answer date on the
3986	3986	notice to appear, a written request to take a course;
3987	3987	(4) the defendant:
3988	3988	(A) has a valid Texas driver's license or permit;
3989	3989	or
3990	3990	(B) is a member, or the spouse or dependent child
3991	3991	of a member, of the United States military forces serving on active
3992	3992	duty;
3993	3993	(5) the defendant is charged with an offense to which
3994	3994	this article applies, other than speeding at a speed of:
3995	3995	(A) 95 miles per hour or more; or
3996	3996	(B) 25 miles per hour or more over the posted
3997	3997	speed limit; and
3998	3998	(6) the defendant provides evidence of financial
3999	3999	responsibility as required by Chapter 601, Transportation Code.
4000	4000	SECTION 177. Subsections (d) and (e), Section 261.308,
4001	4001	Family Code, are amended to read as follows:
4002	4002	(d) The department shall release information regarding a
4003	4003	person alleged to have committed abuse or neglect to persons who
4004	4004	have control over the person's access to children, including, as
4005	4005	appropriate, the Texas Education Agency, [the State Board for
4006	4006	Educator Certification,] the local school board or the school's
4007	4007	governing body, the superintendent of the school district, or the
4008	4008	school principal or director if the department determines that:
4009	4009	(1) the person alleged to have committed abuse or
4010	4010	neglect poses a substantial and immediate risk of harm to one or
4011	4011	more children outside the family of a child who is the subject of
4012	4012	the investigation; and
4013	4013	(2) the release of the information is necessary to
4014	4014	assist in protecting one or more children from the person alleged to
4015	4015	have committed abuse or neglect.
4016	4016	(e) On request, the department shall release information
4017	4017	about a person alleged to have committed abuse or neglect to the
4018	4018	commissioner of education [State Board for Educator Certification]
4019	4019	if the commissioner [board] has a reasonable basis for believing
4020	4020	that the information is necessary to assist the commissioner
4021	4021	[board] in protecting children from the person alleged to have
4022	4022	committed abuse or neglect.
4023	4023	SECTION 178. Subsection (b), Section 261.406, Family Code,
4024	4024	is amended to read as follows:
4025	4025	(b) The department shall send a copy of the completed report
4026	4026	of the department's investigation to the Texas Education Agency,
4027	4027	[the State Board for Educator Certification,] the local school
4028	4028	board or the school's governing body, the superintendent of the
4029	4029	school district, and the school principal or director, unless the
4030	4030	principal or director is alleged to have committed the abuse or
4031	4031	neglect, for appropriate action. On request, the department shall
4032	4032	provide a copy of the report of investigation to the parent,
4033	4033	managing conservator, or legal guardian of a child who is the
4034	4034	subject of the investigation and to the person alleged to have
4035	4035	committed the abuse or neglect. The report of investigation shall
4036	4036	be edited to protect the identity of the persons who made the report
4037	4037	of abuse or neglect. Other than the persons authorized by the
4038	4038	section to receive a copy of the report, Section 261.201(b) applies
4039	4039	to the release of the report relating to the investigation of abuse
4040	4040	or neglect under this section and to the identity of the person who
4041	4041	made the report of abuse or neglect.
4042	4042	SECTION 179. Subsection (i), Section 411.081, Government
4043	4043	Code, is amended to read as follows:
4044	4044	(i) A criminal justice agency may disclose criminal history
4045	4045	record information that is the subject of an order of nondisclosure
4046	4046	under Subsection (d) to the following noncriminal justice agencies
4047	4047	or entities only:
4048	4048	(1) [the State Board for Educator Certification;
4049	4049	[(2)] a school district, charter school, private
4050	4050	school, regional education service center, commercial
4051	4051	transportation company, or education shared service arrangement;
4052	4052	(2) [(3)] the Texas Medical Board;
4053	4053	(3) [(4)] the Texas School for the Blind and Visually
4054	4054	Impaired;
4055	4055	(4) [(5)] the Board of Law Examiners;
4056	4056	(5) [(6)] the State Bar of Texas;
4057	4057	(6) [(7)] a district court regarding a petition for
4058	4058	name change under Subchapter B, Chapter 45, Family Code;
4059	4059	(7) [(8)] the Texas School for the Deaf;
4060	4060	(8) [(9)] the Department of Family and Protective
4061	4061	Services;
4062	4062	(9) [(10)] the Texas Juvenile Justice Department
4063	4063	[Youth Commission];
4064	4064	(10) [(11)] the Department of Assistive and
4065	4065	Rehabilitative Services;
4066	4066	(11) [(12)] the Department of State Health Services, a
4067	4067	local mental health service, a local mental retardation authority,
4068	4068	or a community center providing services to persons with mental
4069	4069	illness or retardation;
4070	4070	(12) [(13)] the Texas Private Security Board;
4071	4071	(13) [(14)] a municipal or volunteer fire department;
4072	4072	(14) [(15)] the Texas Board of Nursing;
4073	4073	(15) [(16)] a safe house providing shelter to children
4074	4074	in harmful situations;
4075	4075	(16) [(17)] a public or nonprofit hospital or hospital
4076	4076	district;
4077	4077	(17) [(18) the Texas Juvenile Probation Commission;
4078	4078	[(19)] the securities commissioner, the banking
4079	4079	commissioner, the savings and mortgage lending commissioner, the
4080	4080	consumer credit commissioner, or the credit union commissioner;
4081	4081	(18) [(20)] the Texas State Board of Public
4082	4082	Accountancy;
4083	4083	(19) [(21)] the Texas Department of Licensing and
4084	4084	Regulation;
4085	4085	(20) [(22)] the Health and Human Services Commission;
4086	4086	(21) [(23)] the Department of Aging and Disability
4087	4087	Services;
4088	4088	(22) [(24)] the Texas Education Agency;
4089	4089	(23) [(25)] the Guardianship Certification Board;
4090	4090	(24) [(26)] a county clerk's office in relation to a
4091	4091	proceeding for the appointment of a guardian under Chapter XIII,
4092	4092	Texas Probate Code;
4093	4093	(25) [(27)] the Department of Information Resources
4094	4094	but only regarding an employee, applicant for employment,
4095	4095	contractor, subcontractor, intern, or volunteer who provides
4096	4096	network security services under Chapter 2059 to:
4097	4097	(A) the Department of Information Resources; or
4098	4098	(B) a contractor or subcontractor of the
4099	4099	Department of Information Resources;
4100	4100	(26) [(28)] the Court Reporters Certification Board;
4101	4101	(27) [(29)] the Texas Department of Insurance; and
4102	4102	(28) [(30)] the Teacher Retirement System of Texas.
4103	4103	SECTION 180. Section 411.0901, Government Code, is amended
4104	4104	to read as follows:
4105	4105	Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD
4106	4106	INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education
4107	4107	Agency is entitled to obtain criminal history record information
4108	4108	maintained by the department about a person who:
4109	4109	(1) has applied to the commissioner of education for a
4110	4110	certificate under Subchapter B, Chapter 21, Education Code;
4111	4111	(2) is employed or is an applicant for employment by a
4112	4112	school district or open-enrollment charter school;
4113	4113	(3) [(2)] is employed or is an applicant for
4114	4114	employment by a shared services arrangement, if the employee's or
4115	4115	applicant's duties are or will be performed on school property or at
4116	4116	another location where students are regularly present; or
4117	4117	(4) [(3)] is employed or is an applicant for
4118	4118	employment by an entity that contracts with a school district,
4119	4119	open-enrollment charter school, or shared services arrangement if:
4120	4120	(A) the employee or applicant has or will have
4121	4121	continuing duties relating to the contracted services; and
4122	4122	(B) the employee or applicant has or will have
4123	4123	direct contact with students.
4124	4124	(b) Criminal history record information obtained by the
4125	4125	agency in the original form or any subsequent form:
4126	4126	(1) may be used only for a purpose authorized by the
4127	4127	Education Code;
4128	4128	(2) may not be released to any person except:
4129	4129	(A) the person who is the subject of the
4130	4130	information;
4131	4131	(B) [the State Board for Educator Certification;
4132	4132	[(C)] a local or regional educational entity as
4133	4133	provided by Section 411.097; or
4134	4134	(C) [(D)] by court order;
4135	4135	(3) is not subject to disclosure as provided by
4136	4136	Chapter 552; and
4137	4137	(4) shall be destroyed by the agency after the
4138	4138	information is used for the authorized purposes.
4139	4139	(c) The department shall notify the agency of the arrest of
4140	4140	any educator, as defined by Section 5.001, Education Code, who has
4141	4141	fingerprints on file with the department. Any record of the
4142	4142	notification and any information contained in the notification are
4143	4143	not subject to disclosure as provided by Chapter 552.
4144	4144	SECTION 181. Subsection (d), Section 411.097, Government
4145	4145	Code, is amended to read as follows:
4146	4146	(d) Criminal history record information obtained by a
4147	4147	school district, charter school, private school, service center,
4148	4148	commercial transportation company, or shared services arrangement
4149	4149	in the original form or any subsequent form:
4150	4150	(1) may not be released to any person except:
4151	4151	(A) the individual who is the subject of the
4152	4152	information;
4153	4153	(B) the Texas Education Agency;
4154	4154	(C) [the State Board for Educator Certification;
4155	4155	[(D)] the chief personnel officer of the
4156	4156	transportation company, if the information is obtained under
4157	4157	Subsection (a)(2); or
4158	4158	(D) [(E)] by court order;
4159	4159	(2) is not subject to disclosure as provided by
4160	4160	Chapter 552; and
4161	4161	(3) shall be destroyed by the school district, charter
4162	4162	school, private school, service center, commercial transportation
4163	4163	company, or shared services arrangement on the earlier of:
4164	4164	(A) the first anniversary of the date the
4165	4165	information was originally obtained; or
4166	4166	(B) the date the information is used for the
4167	4167	authorized purpose.
4168	4168	SECTION 182. Subsection (a), Section 654.011, Government
4169	4169	Code, is amended to read as follows:
4170	4170	(a) The position classification plan and the salary rates
4171	4171	and provisions in the General Appropriations Act apply to all
4172	4172	hourly, part-time, temporary, and regular, full-time salaried
4173	4173	employments in the state departments, agencies, or judicial
4174	4174	entities specified in the articles of the General Appropriations
4175	4175	Act that appropriate money to:
4176	4176	(1) general government agencies;
4177	4177	(2) health and human services agencies;
4178	4178	(3) the judiciary, except for judges, district
4179	4179	attorneys, and assistant district attorneys;
4180	4180	(4) public safety and criminal justice agencies;
4181	4181	(5) natural resources agencies;
4182	4182	(6) business and economic development agencies;
4183	4183	(7) regulatory agencies; and
4184	4184	(8) agencies of public education, but only the Texas
4185	4185	Education Agency, the Texas School for the Blind and Visually
4186	4186	Impaired, [the State Board for Educator Certification,] and the
4187	4187	Texas School for the Deaf.
4188	4188	SECTION 183. Subdivision (7), Section 821.001, Government
4189	4189	Code, is amended to read as follows:
4190	4190	(7) "Employer" means any agents or agencies in the
4191	4191	state responsible for public education, including the governing
4192	4192	board of any school district created under the laws of this state,
4193	4193	any county school board, the board of trustees, the board of regents
4194	4194	of any college or university, or any other legally constituted
4195	4195	board or agency of any public school, but excluding the State Board
4196	4196	of Education and[,] the Texas Education Agency[, and the State
4197	4197	Board for Educator Certification].
4198	4198	SECTION 184. Section 821.103, Government Code, is amended
4199	4199	to read as follows:
4200	4200	Sec. 821.103. CANCELLATION OF TEACHER CERTIFICATE.
4201	4201	(a) After receiving notice from the board of trustees of an
4202	4202	offense under Section 821.101 and after complying with Chapter 2001
4203	4203	and rules adopted by the commissioner of education [State Board for
4204	4204	Educator Certification], the commissioner [State Board for
4205	4205	Educator Certification] may cancel the teacher certificate of a
4206	4206	person if the commissioner [State Board for Educator Certification]
4207	4207	determines that the person committed the offense.
4208	4208	(b) The commissioner of education [executive director of
4209	4209	the State Board for Educator Certification] may enter into an
4210	4210	agreed sanction.
4211	4211	(c) A criminal prosecution of an offender under Section
4212	4212	821.101 is not a prerequisite to action by the Texas Education
4213	4213	Agency [State Board for Educator Certification] or the commissioner
4214	4214	of education [its executive director].
4215	4215	SECTION 185. Subsection (a), Section 2054.352, Government
4216	4216	Code, is amended to read as follows:
4217	4217	(a) The following licensing entities shall participate in
4218	4218	the system established under Section 2054.353:
4219	4219	(1) Texas Board of Chiropractic Examiners;
4220	4220	(2) Court Reporters Certification Board;
4221	4221	(3) State Board of Dental Examiners;
4222	4222	(4) Texas Funeral Service Commission;
4223	4223	(5) Texas Board of Professional Land Surveying;
4224	4224	(6) Texas Medical Board;
4225	4225	(7) Texas Board of Nursing;
4226	4226	(8) Texas Optometry Board;
4227	4227	(9) Department of Agriculture, for licenses issued
4228	4228	under Chapter 1951, Occupations Code;
4229	4229	(10) Texas State Board of Pharmacy;
4230	4230	(11) Executive Council of Physical Therapy and
4231	4231	Occupational Therapy Examiners;
4232	4232	(12) Texas State Board of Plumbing Examiners;
4233	4233	(13) Texas State Board of Podiatric Medical Examiners;
4234	4234	(14) Texas State Board of Examiners of Psychologists;
4235	4235	(15) State Board of Veterinary Medical Examiners;
4236	4236	(16) Texas Real Estate Commission;
4237	4237	(17) Texas Appraiser Licensing and Certification
4238	4238	Board;
4239	4239	(18) Texas Department of Licensing and Regulation;
4240	4240	(19) Texas State Board of Public Accountancy;
4241	4241	(20) commissioner of education, for certificates
4242	4242	issued under Subchapter B, Chapter 21, Education Code [State Board
4243	4243	for Educator Certification];
4244	4244	(21) Texas Board of Professional Engineers;
4245	4245	(22) Department of State Health Services;
4246	4246	(23) Texas Board of Architectural Examiners;
4247	4247	(24) Texas Racing Commission;
4248	4248	(25) Commission on Law Enforcement Officer Standards
4249	4249	and Education; and
4250	4250	(26) Texas Private Security Board.
4251	4251	SECTION 186. Subsection (a), Section 48.102, Human
4252	4252	Resources Code, is amended to read as follows:
4253	4253	(a) The department shall send a written report of the
4254	4254	department's investigation of alleged abuse, neglect, or
4255	4255	exploitation of a disabled adult at a school, as appropriate, to the
4256	4256	Texas Education Agency, [the agency responsible for teacher
4257	4257	certification,] the local school board or the school's governing
4258	4258	body, and the school principal or director, unless the principal or
4259	4259	director is alleged to have committed the abuse, neglect, or
4260	4260	exploitation. The entity to which the report is sent shall take
4261	4261	appropriate action.
4262	4262	SECTION 187. Subtitle B, Title 4, Labor Code, is amended by
4263	4263	adding Chapter 315 to read as follows:
4264	4264	CHAPTER 315. ADULT EDUCATION PROGRAMS
4265	4265	Sec. 315.001. DEFINITIONS. In this chapter:
4266	4266	(1) "Adult" means any individual who is over the age of
4267	4267	compulsory school attendance prescribed by Section 25.085,
4268	4268	Education Code.
4269	4269	(2) "Adult education" means services and instruction
4270	4270	provided below the college level for adults by public local
4271	4271	education agencies, public nonprofit agencies, or community-based
4272	4272	organizations.
4273	4273	(3) "Community-based organization" has the meaning
4274	4274	assigned by 20 U.S.C. Section 7801.
4275	4275	Sec. 315.002. COMMISSION DUTIES. (a) The commission
4276	4276	shall:
4277	4277	(1) provide adequate staffing to develop, administer,
4278	4278	and support a comprehensive statewide adult education program and
4279	4279	coordinate related federal and state programs for the education and
4280	4280	training of adults;
4281	4281	(2) develop the mechanism and guidelines for the
4282	4282	coordination of comprehensive adult education and related skill
4283	4283	training services for adults with other entities, including public
4284	4284	agencies and private organizations, in planning, developing, and
4285	4285	implementing related programs;
4286	4286	(3) administer all state and federal funds for adult
4287	4287	education and related skill training services in this state, other
4288	4288	than funds that another entity is specifically authorized to
4289	4289	administer under other law;
4290	4290	(4) prescribe and administer standards and
4291	4291	accrediting policies for adult education;
4292	4292	(5) prescribe and administer rules for teacher
4293	4293	certification for adult education;
4294	4294	(6) accept and administer grants, gifts, services, and
4295	4295	funds from available sources for use in adult education;
4296	4296	(7) adopt or develop and administer a standardized
4297	4297	assessment mechanism for assessing all adult education program
4298	4298	participants who need literacy instruction, adult basic education,
4299	4299	or secondary education leading to an adult high school diploma or
4300	4300	the equivalent;
4301	4301	(8) monitor and evaluate educational and employment
4302	4302	outcomes of students who participate in the commission's adult
4303	4303	education and literacy programs; and
4304	4304	(9) collaborate with the Texas Education Agency to
4305	4305	improve the coordination and implementation of adult education and
4306	4306	literacy services in this state.
4307	4307	(b) The assessment mechanism prescribed by Subsection
4308	4308	(a)(7) must include an initial basic skills screening instrument
4309	4309	and must provide comprehensive information concerning baseline
4310	4310	student skills before and student progress after participation in
4311	4311	an adult education program.
4312	4312	(c) The commission may adopt rules for the administration of
4313	4313	this chapter.
4314	4314	Sec. 315.003. PROVISION OF ADULT EDUCATION PROGRAMS. Adult
4315	4315	education programs must be provided by public school districts,
4316	4316	public junior colleges, public universities, public nonprofit
4317	4317	agencies, and community-based organizations approved in accordance
4318	4318	with state statutes and rules adopted by the commission. The
4319	4319	programs must be designed to meet the education and training needs
4320	4320	of adults to the extent possible using available public and private
4321	4321	resources. Bilingual education may be used to instruct students
4322	4322	who do not function satisfactorily in English whenever it is
4323	4323	appropriate for those students' optimum development.
4324	4324	Sec. 315.004. ADULT EDUCATION ASSESSMENT. The commission
4325	4325	shall, in consultation with the Texas Higher Education Coordinating
4326	4326	Board, review the standardized assessment mechanism required under
4327	4327	Section 315.002(a)(7) and recommend any changes necessary to align
4328	4328	the assessment with the assessments designated under Section
4329	4329	51.3062, Education Code, to allow for the proper placement of a
4330	4330	student in an adult basic education course or to provide the student
4331	4331	with the proper developmental or English as a second language
4332	4332	course work, as appropriate.
4333	4333	Sec. 315.005. ADULT EDUCATION ADVISORY COMMITTEE. (a) In
4334	4334	this section, "advisory committee" means the adult education
4335	4335	advisory committee created under this section.
4336	4336	(b) The commission shall establish an adult education
4337	4337	advisory committee composed of not more than seven members
4338	4338	appointed by the commission. Members of the advisory committee
4339	4339	must have expertise in the field of adult education and may include
4340	4340	adult educators, providers, advocates, and current or former adult
4341	4341	education program students.
4342	4342	(c) The advisory committee shall advise the commission on:
4343	4343	(1) the development of policies and program priorities
4344	4344	that support the development of an educated and skilled workforce
4345	4345	in this state; and
4346	4346	(2) any other issue the commission considers
4347	4347	appropriate.
4348	4348	Sec. 315.006. STATE FUNDING. (a) Funds shall be
4349	4349	appropriated to implement statewide adult basic education, adult
4350	4350	bilingual education, high school equivalency, and high school
4351	4351	credit programs to eliminate illiteracy in this state and to
4352	4352	implement and support a statewide program to meet the total range of
4353	4353	adult needs for adult education and related skill training. The
4354	4354	commission shall ensure that public local education agencies,
4355	4355	public nonprofit agencies, and community-based organizations have
4356	4356	direct and equitable access to those funds.
4357	4357	(b) In addition to any amount appropriated under Subsection
4358	4358	(a), the legislature may appropriate an additional amount to the
4359	4359	commission for the purpose of skill training in direct support of
4360	4360	industrial expansion and new business development in locations,
4361	4361	industries, and occupations designated by the commission, if the
4362	4362	training supports the basic purposes of this chapter. To support
4363	4363	the basic purposes of this chapter, the legislature may also
4364	4364	appropriate an additional amount to the commission for skill
4365	4365	training that is conducted to support the expansion of civilian
4366	4366	employment opportunities on United States military reservations.
4367	4367	Sec. 315.007. SERVICE PROVIDER CONTRACTS: COMPETITIVE
4368	4368	PROCUREMENT REQUIREMENT. (a) The commission shall use a
4369	4369	competitive procurement process to award a contract to a service
4370	4370	provider of an adult education program.
4371	4371	(b) The commission shall adopt rules to administer this
4372	4372	section.
4373	4373	SECTION 188. Subsection (g), Section 302.062, Labor Code,
4374	4374	is amended to read as follows:
4375	4375	(g) Block grant funding under this section does not apply
4376	4376	to:
4377	4377	(1) the work and family policies program under Chapter
4378	4378	81;
4379	4379	(2) a program under the skills development fund
4380	4380	created under Chapter 303;
4381	4381	(3) the job counseling program for displaced
4382	4382	homemakers under Chapter 304;
4383	4383	(4) the Communities In Schools program under
4384	4384	Subchapter E, Chapter 33, Education Code, to the extent that funds
4385	4385	are available to the commission for that program;
4386	4386	(5) the reintegration of offenders program under
4387	4387	Chapter 306;
4388	4388	(6) apprenticeship programs under Chapter 133,
4389	4389	Education Code;
4390	4390	(7) the continuity of care program under Section
4391	4391	501.095, Government Code;
4392	4392	(8) employment programs under Chapter 31, Human
4393	4393	Resources Code;
4394	4394	(9) the senior citizens employment program under
4395	4395	Chapter 101, Human Resources Code;
4396	4396	(10) the programs described by Section 302.021(b)(2);
4397	4397	(11) the community service program under the National
4398	4398	and Community Service Act of 1990 (42 U.S.C. Section 12501 et seq.);
4399	4399	(12) the trade adjustment assistance program under
4400	4400	Part 2, Subchapter II, Trade Act of 1974 (19 U.S.C. Section 2271 et
4401	4401	seq.);
4402	4402	(13) the programs to enhance the employment
4403	4403	opportunities of veterans; [and]
4404	4404	(14) the functions of the State Occupational
4405	4405	Information Coordinating Committee; and
4406	4406	(15) the adult education program under Chapter 315.
4407	4407	SECTION 189. Subsection (b), Section 504.002, Occupations
4408	4408	Code, is amended to read as follows:
4409	4409	(b) This chapter does not apply to an activity or service of
4410	4410	a person who:
4411	4411	(1) is employed as a counselor by a federal
4412	4412	institution and is providing chemical dependency counseling within
4413	4413	the scope of the person's employment;
4414	4414	(2) except as provided by Section 504.1515, is a
4415	4415	student, intern, or trainee pursuing a supervised course of study
4416	4416	in counseling at a regionally accredited institution of higher
4417	4417	education or training institution, if the person:
4418	4418	(A) is designated as a "counselor intern"; and
4419	4419	(B) is engaging in the activity or providing the
4420	4420	service as part of the course of study;
4421	4421	(3) is not a resident of this state, if the person:
4422	4422	(A) engages in the activity or provides the
4423	4423	service in this state for not more than 30 days during any year; and
4424	4424	(B) is authorized to engage in the activity or
4425	4425	provide the service under the law of the state of the person's
4426	4426	residence;
4427	4427	(4) is a licensed physician, psychologist,
4428	4428	professional counselor, or social worker;
4429	4429	(5) is a religious leader of a congregation providing
4430	4430	pastoral chemical dependency counseling within the scope of the
4431	4431	person's duties;
4432	4432	(6) is working for or providing counseling with a
4433	4433	program exempt under Subchapter C, Chapter 464, Health and Safety
4434	4434	Code;
4435	4435	(7) is a school counselor certified by the
4436	4436	commissioner of education [State Board for Educator
4437	4437	Certification]; or
4438	4438	(8) provides chemical dependency counseling through a
4439	4439	program or in a facility that receives funding from the Texas
4440	4440	Department of Criminal Justice and who is credentialed as:
4441	4441	(A) a certified criminal justice addictions
4442	4442	professional by the International Certification and Reciprocity
4443	4443	Consortium; or
4444	4444	(B) having certified criminal justice
4445	4445	professional applicant status issued by the Texas Certification
4446	4446	Board of Addiction Professionals.
4447	4447	SECTION 190. Subsection (b), Section 501.004,
4448	4448	Transportation Code, is amended to read as follows:
4449	4449	(b) This chapter does not apply to:
4450	4450	(1) a trailer or semitrailer used only for the
4451	4451	transportation of farm products if the products are not transported
4452	4452	for hire;
4453	4453	(2) the filing or recording of a lien that is created
4454	4454	only on an automobile accessory, including a tire, radio, or
4455	4455	heater;
4456	4456	(3) a motor vehicle while it is owned or operated by
4457	4457	the United States; or
4458	4458	(4) a new motor vehicle on loan to a political
4459	4459	subdivision of the state for use only in a driver education course
4460	4460	approved by the Texas Department of Licensing and Regulation
4461	4461	[Central Education Agency].
4462	4462	SECTION 191. Section 521.1601, Transportation Code, as
4463	4463	added by Chapter 1253 (H.B. 339), Acts of the 81st Legislature,
4464	4464	Regular Session, 2009, is amended to read as follows:
4465	4465	Sec. 521.1601. DRIVER EDUCATION REQUIRED. The department
4466	4466	may not issue a driver's license to a person who is younger than 21
4467	4467	years of age unless the person submits to the department a driver
4468	4468	education certificate issued under Chapter 1001, Education Code,
4469	4469	that states that the person has completed and passed:
4470	4470	(1) a driver education and traffic safety course
4471	4471	approved by the Texas Department of Licensing and Regulation
4472	4472	[Education Agency] under Section 29.902, Education Code, or a
4473	4473	driver education course approved by the Texas Department of
4474	4474	Licensing and Regulation [that agency] under Section 1001.101 of
4475	4475	that code or approved by the department under Section 521.205; or
4476	4476	(2) if the person is 18 years of age or older, a driver
4477	4477	education course approved by the Texas Department of Licensing and
4478	4478	Regulation [Education Agency] under Section 1001.101 or 1001.1015,
4479	4479	Education Code.
4480	4480	SECTION 192. Section 521.1601, Transportation Code, as
4481	4481	added by Chapter 1413 (S.B. 1317), Acts of the 81st Legislature,
4482	4482	Regular Session, 2009, is amended to read as follows:
4483	4483	Sec. 521.1601. DRIVER EDUCATION REQUIRED. The department
4484	4484	may not issue a driver's license to a person who is younger than 25
4485	4485	years of age unless the person submits to the department a driver
4486	4486	education certificate issued under Chapter 1001, Education Code,
4487	4487	that states that the person has completed and passed:
4488	4488	(1) a driver education and traffic safety course
4489	4489	approved by the Texas Department of Licensing and Regulation
4490	4490	[Education Agency] under Section 29.902, Education Code, or a
4491	4491	driver education course approved by the Texas Department of
4492	4492	Licensing and Regulation [that agency] under Section 1001.101
4493	4493	[1001.101(a)(1)] of that code or approved by the department under
4494	4494	Section 521.205; or
4495	4495	(2) if the person is 18 years of age or older, a driver
4496	4496	education course approved by the Texas Department of Licensing and
4497	4497	Regulation [Education Agency] under Section 1001.101 or 1001.1015
4498	4498	[Section 1001.101(a)(1) or (2)], Education Code.
4499	4499	SECTION 193. Subsection (a), Section 521.1655,
4500	4500	Transportation Code, is amended to read as follows:
4501	4501	(a) A driver education school licensed under Chapter 1001,
4502	4502	Education Code, [the Texas Driver and Traffic Safety Education Act
4503	4503	(Article 4413(29c), Vernon's Texas Civil Statutes)] may administer
4504	4504	to a student of that school the vision, highway sign, and traffic
4505	4505	law parts of the examination required by Section 521.161.
4506	4506	SECTION 194. Section 521.167, Transportation Code, as added
4507	4507	by Chapter 1253 (H.B. 339), Acts of the 81st Legislature, Regular
4508	4508	Session, 2009, is amended to read as follows:
4509	4509	Sec. 521.167. WAIVER OF CERTAIN EDUCATION AND EXAMINATION
4510	4510	REQUIREMENTS. A person who has completed and passed a driver
4511	4511	education course approved by the Texas Department of Licensing and
4512	4512	Regulation [Education Agency] under Section 1001.1015, Education
4513	4513	Code, is not required to take the highway sign and traffic law parts
4514	4514	of the examination required under Section 521.161 if those parts
4515	4515	have been successfully completed as determined by a licensed driver
4516	4516	education instructor.
4517	4517	SECTION 195. Section 521.203, Transportation Code, is
4518	4518	amended to read as follows:
4519	4519	Sec. 521.203. RESTRICTIONS ON CLASS A AND B LICENSES. The
4520	4520	department may not issue a Class A or Class B driver's license to a
4521	4521	person who:
4522	4522	(1) is under 17 years of age;
4523	4523	(2) is under 18 years of age unless the person has
4524	4524	completed a driver training course approved by the Texas Department
4525	4525	of Licensing and Regulation [Central Education Agency]; or
4526	4526	(3) has not provided the department with an affidavit,
4527	4527	on a form prescribed by the department, that states that no vehicle
4528	4528	that the person will drive that requires a Class A or Class B
4529	4529	license is a commercial motor vehicle as defined by Section
4530	4530	522.003.
4531	4531	SECTION 196. Subsection (a), Section 521.204,
4532	4532	Transportation Code, is amended to read as follows:
4533	4533	(a) The department may issue a Class C driver's license to
4534	4534	an applicant under 18 years of age only if the applicant:
4535	4535	(1) is 16 years of age or older;
4536	4536	(2) has submitted to the department a driver education
4537	4537	certificate issued under Section 1001.055, Education Code, that
4538	4538	states that the person has completed and passed a driver education
4539	4539	course approved by the department under Section 521.205 or by the
4540	4540	Texas Department of Licensing and Regulation [Education Agency];
4541	4541	(3) has obtained a high school diploma or its
4542	4542	equivalent or is a student:
4543	4543	(A) enrolled in a public school, home school, or
4544	4544	private school who attended school for at least 80 days in the fall
4545	4545	or spring semester preceding the date of the driver's license
4546	4546	application; or
4547	4547	(B) who has been enrolled for at least 45 days,
4548	4548	and is enrolled as of the date of the application, in a program to
4549	4549	prepare persons to pass the high school equivalency exam;
4550	4550	(4) has submitted to the department written parental
4551	4551	or guardian permission:
4552	4552	(A) for the department to access the applicant's
4553	4553	school enrollment records maintained by the Texas Education Agency;
4554	4554	and
4555	4555	(B) for a school administrator or law enforcement
4556	4556	officer to notify the department in the event that the person has
4557	4557	been absent from school for at least 20 consecutive instructional
4558	4558	days; and
4559	4559	(5) has passed the examination required by Section
4560	4560	521.161.
4561	4561	SECTION 197. Subsections (b) and (d), Section 521.205,
4562	4562	Transportation Code, are amended to read as follows:
4563	4563	(b) The department may not approve a course unless it
4564	4564	determines that the course materials are at least equal to those
4565	4565	required in a course approved by the Texas Department of Licensing
4566	4566	and Regulation [Education Agency], except that the department may
4567	4567	not require that:
4568	4568	(1) the classroom instruction be provided in a room
4569	4569	with particular characteristics or equipment; or
4570	4570	(2) the vehicle used for the behind-the-wheel
4571	4571	instruction have equipment other than the equipment otherwise
4572	4572	required by law for operation of the vehicle on a highway while the
4573	4573	vehicle is not being used for driver training.
4574	4574	(d) Completion of a driver education course approved under
4575	4575	this section has the same effect under this chapter as completion of
4576	4576	a driver education course approved by the Texas Department of
4577	4577	Licensing and Regulation [Education Agency].
4578	4578	SECTION 198. Subsections (a) and (c), Section 521.222,
4579	4579	Transportation Code, are amended to read as follows:
4580	4580	(a) The department or a driver education school licensed
4581	4581	under Chapter 1001, Education Code, [the Texas Driver and Traffic
4582	4582	Safety Education Act (Article 4413(29c), Vernon's Texas Civil
4583	4583	Statutes)] may issue an instruction permit, including a Class A or
4584	4584	Class B driver's license instruction permit, to a person who:
4585	4585	(1) is 15 years of age or older but under 18 years of
4586	4586	age;
4587	4587	(2) has satisfactorily completed and passed the
4588	4588	classroom phase of an approved driver education course, which may
4589	4589	be a course approved under Section 521.205;
4590	4590	(3) meets the requirements imposed under Section
4591	4591	521.204(a)(3) [521.204(3)]; and
4592	4592	(4) has passed each examination required under Section
4593	4593	521.161 other than the driving test.
4594	4594	(c) A driver education school may issue an instruction
4595	4595	permit to a person 18 years of age or older who has successfully
4596	4596	passed:
4597	4597	(1) a six-hour adult classroom driver education course
4598	4598	approved by the Texas Department of Licensing and Regulation
4599	4599	[Education Agency]; and
4600	4600	(2) each part of the driver's examination required by
4601	4601	Section 521.161 other than the driving test.
4602	4602	SECTION 199. Sections 543.111 and 543.112, Transportation
4603	4603	Code, are amended to read as follows:
4604	4604	Sec. 543.111. REGULATION BY CERTAIN STATE AGENCIES.
4605	4605	(a) The Texas Commission of Licensing and Regulation [State Board
4606	4606	of Education] shall enter into a memorandum of understanding with
4607	4607	the Texas Department of Insurance for the interagency development
4608	4608	of a curriculum for driving safety courses.
4609	4609	(b) The Texas Commission of Licensing and Regulation and
4610	4610	Texas Department of Licensing and Regulation, as appropriate,
4611	4611	[Education Agency] shall:
4612	4612	(1) adopt and administer comprehensive rules
4613	4613	governing driving safety courses; and
4614	4614	(2) investigate options to develop and implement
4615	4615	procedures to electronically transmit information pertaining to
4616	4616	driving safety courses to municipal and justice courts.
4617	4617	Sec. 543.112. STANDARDS FOR UNIFORM CERTIFICATE OF COURSE
4618	4618	COMPLETION. (a) The Texas Commission of Licensing and Regulation
4619	4619	[Education Agency] by rule shall provide for the design and
4620	4620	distribution of uniform certificates of course completion so as to
4621	4621	prevent to the greatest extent possible the unauthorized production
4622	4622	or misuse of the certificates.
4623	4623	(b) The uniform certificate of course completion must
4624	4624	include an identifying number by which the Texas Department of
4625	4625	Licensing and Regulation [Education Agency], the court, or the
4626	4626	department may verify its authenticity with the course provider and
4627	4627	must be in a form adopted by the Texas Department of Licensing and
4628	4628	Regulation [Education Agency].
4629	4629	(c) The Texas Department of Licensing and Regulation
4630	4630	[Education Agency] shall issue duplicate uniform certificates of
4631	4631	course completion. The Texas Commission of Licensing and
4632	4632	Regulation [State Board of Education] by rule shall determine the
4633	4633	amount of the fee to be charged for issuance of a duplicate
4634	4634	certificate.
4635	4635	(d) A driving safety course provider shall electronically
4636	4636	submit data identified by the Texas Department of Licensing and
4637	4637	Regulation [Education Agency] pertaining to issued uniform
4638	4638	certificates of course completion to the Texas Department of
4639	4639	Licensing and Regulation [agency] as directed by the Texas
4640	4640	Department of Licensing and Regulation [agency].
4641	4641	SECTION 200. Subsections (a) and (c), Section 543.113,
4642	4642	Transportation Code, are amended to read as follows:
4643	4643	(a) The Texas Department of Licensing and Regulation
4644	4644	[Education Agency] shall print the uniform certificates and supply
4645	4645	them to persons who are licensed providers of courses approved
4646	4646	under Chapter 1001, Education Code [the Texas Driver and Traffic
4647	4647	Safety Education Act (Article 4413(29c), Vernon's Texas Civil
4648	4648	Statutes)]. The Texas Commission of Licensing and Regulation by
4649	4649	rule shall establish [Agency may charge] a fee for each
4650	4650	certificate. [The fee may not exceed $4.]
4651	4651	(c) Money collected by the Texas Department of Licensing and
4652	4652	Regulation [Education Agency] under this section may be used only
4653	4653	to pay monetary awards for information relating to abuse of uniform
4654	4654	certificates that leads to the conviction or removal of an
4655	4655	approval, license, or authorization.
4656	4656	SECTION 201. Subsection (a), Section 543.114,
4657	4657	Transportation Code, is amended to read as follows:
4658	4658	(a) A person may not distribute written information to
4659	4659	advertise a provider of a driving safety course within 500 feet of a
4660	4660	court having jurisdiction over an offense to which this subchapter
4661	4661	applies. A violation of this section by a provider or a provider's
4662	4662	agent, employee, or representative results in loss of the
4663	4663	provider's status as a provider of a course approved under Chapter
4664	4664	1001, Education Code [the Texas Driver and Safety Education Act
4665	4665	(Article 4413(29c), Vernon's Texas Civil Statutes)].
4666	4666	SECTION 202. Subsection (g), Section 545.412,
4667	4667	Transportation Code, is amended to read as follows:
4668	4668	(g) A judge, acting under Article 45.0511, Code of Criminal
4669	4669	Procedure, who elects to defer further proceedings and to place a
4670	4670	defendant accused of a violation of this section on probation under
4671	4671	that article, in lieu of requiring the defendant to complete a
4672	4672	driving safety course approved by the Texas Department of Licensing
4673	4673	and Regulation [Education Agency], shall require the defendant to
4674	4674	attend and present proof that the defendant has successfully
4675	4675	completed a specialized driving safety course approved by the Texas
4676	4676	Department of Licensing and Regulation [Education Agency] under
4677	4677	Chapter 1001, Education Code, [the Texas Driver and Traffic Safety
4678	4678	Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)]
4679	4679	that includes four hours of instruction that encourages the use of
4680	4680	child passenger safety seat systems and the wearing of seat belts
4681	4681	and emphasizes:
4682	4682	(1) the effectiveness of child passenger safety seat
4683	4683	systems and seat belts in reducing the harm to children being
4684	4684	transported in motor vehicles; and
4685	4685	(2) the requirements of this section and the penalty
4686	4686	for noncompliance.
4687	4687	SECTION 203. Subsection (i), Section 545.413,
4688	4688	Transportation Code, is amended to read as follows:
4689	4689	(i) A judge, acting under Article 45.0511, Code of Criminal
4690	4690	Procedure, who elects to defer further proceedings and to place a
4691	4691	defendant accused of a violation of Subsection (b) on probation
4692	4692	under that article, in lieu of requiring the defendant to complete a
4693	4693	driving safety course approved by the Texas Department of Licensing
4694	4694	and Regulation [Education Agency], shall require the defendant to
4695	4695	attend and present proof that the defendant has successfully
4696	4696	completed a specialized driving safety course approved by the Texas
4697	4697	Department of Licensing and Regulation [Education Agency] under
4698	4698	Chapter 1001, Education Code, [the Texas Driver and Traffic Safety
4699	4699	Education Act (Article 4413(29c), Vernon's Texas Civil Statutes)]
4700	4700	that includes four hours of instruction that encourages the use of
4701	4701	child passenger safety seat systems and the wearing of seat belts
4702	4702	and emphasizes:
4703	4703	(1) the effectiveness of child passenger safety seat
4704	4704	systems and seat belts in reducing the harm to children being
4705	4705	transported in motor vehicles; and
4706	4706	(2) the requirements of this section and the penalty
4707	4707	for noncompliance.
4708	4708	SECTION 204. (a) The following provisions of the Education
4709	4709	Code are repealed:
4710	4710	(1) Section 7.009;
4711	4711	(2) Subsections (b) and (c), Section 7.021;
4712	4712	(3) Subdivisions (1), (2), (3), (4), (5), (6), (7),
4713	4713	(10), (11), (12), (13), (14), (15), (16), (17), (18), (19), (20),
4714	4714	(21), (22), (23), (24), (25), (26), (27), (28), (29), (30), (31),
4715	4715	(32), (34), (35), (36), (37), (38), (39), and (41), Subsection (b),
4716	4716	Section 7.055;
4717	4717	(4) Subsection (c), Section 7.055;
4718	4718	(5) Subdivision (16), Subsection (c), Section 7.102;
4719	4719	(6) Subsection (c), Section 11.201;
4720	4720	(7) Section 11.254;
4721	4721	(8) Subsection (b), Section 12.1055;
4722	4722	(9) Subsection (b), Section 12.107;
4723	4723	(10) Subsection (b), Section 12.115;
4724	4724	(11) Section 13.052;
4725	4725	(12) Subsection (a), Section 21.007;
4726	4726	(13) Sections 21.032, 21.033, 21.034, 21.035, 21.036,
4727	4727	21.037, and 21.038;
4728	4728	(14) Subsection (a), Section 21.041;
4729	4729	(15) Sections 21.042 and 21.043;
4730	4730	(16) Subsections (c) and (d), Section 21.254;
4731	4731	(17) Section 21.4541;
4732	4732	(18) Subsection (a), Section 22.0831;
4733	4733	(19) Subsection (e), Section 25.001;
4734	4734	(20) Sections 29.095, 29.096, 29.097, 29.098, and
4735	4735	29.099;
4736	4736	(21) Subdivisions (1), (2), and (3), Section 29.251;
4737	4737	(22) Sections 29.253, 29.2531, 29.2535, and 29.254;
4738	4738	(23) Section 29.917;
4739	4739	(24) Section 34.015;
4740	4740	(25) Section 38.104;
4741	4741	(26) Subsection (g), Section 39.037;
4742	4742	(27) Section 39.0822;
4743	4743	(28) Subsection (b) and (c), Section 39.0823;
4744	4744	(29) Subsection (c), Section 39.203;
4745	4745	(30) Section 39.204;
4746	4746	(31) the heading to Subchapter M, Chapter 39;
4747	4747	(32) Sections 39.401, 39.402, 39.403, 39.404, 39.405,
4748	4748	39.406, 39.407, 39.408, 39.410, 39.411, 39.412, 39.414, 39.415, and
4749	4749	39.416;
4750	4750	(33) Subsections (q), (q-1), (q-2), (q-3), (q-4), and
4751	4751	(r), Section 42.152;
4752	4752	(34) Subsection (e), Section 45.208;
4753	4753	(35) Subdivision (1), Section 1001.001;
4754	4754	(36) Section 1001.006;
4755	4755	(37) Section 1001.454;
4756	4756	(38) Sections 1001.460 and 1001.461; and
4757	4757	(39) Sections 1001.551 and 1001.552.
4758	4758	(b) Section 411.090, Government Code, is repealed.
4759	4759	(c) Section 521.167, Transportation Code, as added by
4760	4760	Chapter 1413 (Senate Bill No. 1317), Acts of the 81st Legislature,
4761	4761	Regular Session, 2009, is repealed.
4762	4762	SECTION 205. The changes in law made by this Act to
4763	4763	Subchapter D, Chapter 12, Education Code, relating to enforcement
4764	4764	actions against an open-enrollment charter school apply beginning
4765	4765	June 1, 2014, based on school performance during preceding school
4766	4766	years.
4767	4767	SECTION 206. The change in law made by this Act to
4768	4768	Subsection (b), Section 1001.553, Education Code, applies only to
4769	4769	the imposition of an administrative penalty for a violation that
4770	4770	occurs on or after the effective date of this Act. The imposition
4771	4771	of an administrative penalty for a violation that occurs before the
4772	4772	effective date of this Act is governed by the law in effect on the
4773	4773	date the violation occurred, and that law is continued in effect for
4774	4774	that purpose.
4775	4775	SECTION 207. (a) The State Board for Educator
4776	4776	Certification is abolished September 1, 2013. On that date, all
4777	4777	powers, duties, obligations, rights, contracts, leases, records,
4778	4778	personnel, property, and unspent and unobligated appropriations
4779	4779	and other funds of the State Board for Educator Certification are
4780	4780	transferred to the Texas Education Agency. Before that date, the
4781	4781	Texas Education Agency, with the agreement of the State Board for
4782	4782	Educator Certification, may transfer any records, personnel, or
4783	4783	property of the State Board for Educator Certification to the Texas
4784	4784	Education Agency in preparation for the transfer provided for in
4785	4785	this Act.
4786	4786	(b) The abolishment of the State Board for Educator
4787	4787	Certification does not affect the validity of a right, privilege,
4788	4788	or obligation accrued, a contract or acquisition made, any
4789	4789	liability incurred, a certificate issued, a penalty, forfeiture, or
4790	4790	punishment assessed, a rule adopted, a proceeding, investigation,
4791	4791	or remedy begun, a decision made, or other action taken by or in
4792	4792	connection with the State Board for Educator Certification. A
4793	4793	certificate issued by the State Board for Educator Certification
4794	4794	under Subchapter B, Chapter 21, Education Code, before September 1,
4795	4795	2013, is considered a certificate issued by the Texas Education
4796	4796	Agency.
4797	4797	(c) All rules, policies, procedures, and decisions of the
4798	4798	State Board for Educator Certification are continued in effect as
4799	4799	rules, policies, procedures, and decisions of the commissioner of
4800	4800	education and the Texas Education Agency until superseded by a rule
4801	4801	or other appropriate action of the Texas Education Agency.
4802	4802	(d) After the effective date of this Act, the commissioner
4803	4803	of education may adopt a rule proposed by the State Board for
4804	4804	Educator Certification before the effective date of this Act.
4805	4805	(e) Any action or proceeding before the State Board for
4806	4806	Educator Certification is transferred without change in status to
4807	4807	the commissioner of education and the Texas Education Agency, and
4808	4808	the commissioner and the agency assume, without a change in status,
4809	4809	the position of the State Board for Educator Certification in any
4810	4810	action or proceeding to which the State Board for Educator
4811	4811	Certification is a party.
4812	4812	SECTION 208. (a) On September 1, 2013:
4813	4813	(1) all functions and activities relating to adult
4814	4814	education programs are transferred from the Texas Education Agency
4815	4815	to the Texas Workforce Commission;
4816	4816	(2) all rules, policies, procedures, decisions, and
4817	4817	forms of the Texas Education Agency, the commissioner of education,
4818	4818	or the State Board of Education relating to the administration of
4819	4819	adult education programs are continued in effect as rules,
4820	4820	policies, procedures, decisions, and forms of the Texas Workforce
4821	4821	Commission until superseded by a rule or other appropriate action
4822	4822	by the Texas Workforce Commission;
4823	4823	(3) a reference in law or administrative rule to the
4824	4824	Texas Education Agency, the commissioner of education, or the State
4825	4825	Board of Education relating to the administration of adult
4826	4826	education programs means the Texas Workforce Commission;
4827	4827	(4) a complaint, investigation, or other proceeding
4828	4828	before the Texas Education Agency that is related to adult
4829	4829	education programs is transferred without change in status to the
4830	4830	Texas Workforce Commission, and the Texas Workforce Commission
4831	4831	assumes, as appropriate and without a change in status, the
4832	4832	position of the Texas Education Agency in an action or proceeding to
4833	4833	which the Texas Education Agency is a party;
4834	4834	(5) all money, contracts, leases, property, and
4835	4835	obligations of the Texas Education Agency related to the
4836	4836	administration of adult education programs are transferred to the
4837	4837	Texas Workforce Commission;
4838	4838	(6) all property in the custody of the Texas Education
4839	4839	Agency related to the administration of adult education programs is
4840	4840	transferred to the Texas Workforce Commission; and
4841	4841	(7) the unexpended and unobligated balance of any
4842	4842	money appropriated by the legislature for the Texas Education
4843	4843	Agency related to the administration of adult education programs is
4844	4844	transferred to the Texas Workforce Commission.
4845	4845	(b) Before September 1, 2013, the Texas Education Agency may
4846	4846	agree with the Texas Workforce Commission to transfer any property
4847	4847	of the Texas Education Agency to the Texas Workforce Commission to
4848	4848	implement the transfer required by this Act.
4849	4849	(c) The Texas Workforce Commission shall hold public
4850	4850	hearings to develop rules to establish a new allocation formula for
4851	4851	adult education provider grants under Chapter 315, Labor Code, as
4852	4852	added by this Act.
4853	4853	(d) The Texas Workforce Commission shall adopt and
4854	4854	implement the new allocation formula for adult education provider
4855	4855	grants beginning with the 2014-2015 school year.
4856	4856	SECTION 209. (a) On September 1, 2013:
4857	4857	(1) all functions and activities relating to Chapter
4858	4858	1001, Education Code, performed by the Texas Education Agency
4859	4859	immediately before that date are transferred to the Texas
4860	4860	Department of Licensing and Regulation;
4861	4861	(2) all rules, policies, procedures, decisions, and
4862	4862	forms adopted by the commissioner of education that relate to
4863	4863	Chapter 1001, Education Code, are continued in effect as rules,
4864	4864	policies, procedures, decisions, and forms of the Texas Commission
4865	4865	of Licensing and Regulation or the Texas Department of Licensing
4866	4866	and Regulation, as applicable, and remain in effect until amended
4867	4867	or replaced by that commission or department;
4868	4868	(3) a reference to the Texas Education Agency in a law
4869	4869	or administrative rule that relates to Chapter 1001, Education
4870	4870	Code, means the Texas Commission of Licensing and Regulation or the
4871	4871	Texas Department of Licensing and Regulation, as applicable;
4872	4872	(4) a complaint, investigation, or other proceeding
4873	4873	before the Texas Education Agency that is related to Chapter 1001,
4874	4874	Education Code, is transferred without change in status to the
4875	4875	Texas Department of Licensing and Regulation, and the Texas
4876	4876	Department of Licensing and Regulation assumes, as appropriate and
4877	4877	without a change in status, the position of the Texas Education
4878	4878	Agency in an action or proceeding to which the Texas Education
4879	4879	Agency is a party;
4880	4880	(5) all money, contracts, leases, property, and
4881	4881	obligations of the Texas Education Agency related to Chapter 1001,
4882	4882	Education Code, are transferred to the Texas Department of
4883	4883	Licensing and Regulation;
4884	4884	(6) all property in the custody of the Texas Education
4885	4885	Agency related to Chapter 1001, Education Code, is transferred to
4886	4886	the Texas Department of Licensing and Regulation; and
4887	4887	(7) the unexpended and unobligated balance of any
4888	4888	money appropriated by the legislature for the Texas Education
4889	4889	Agency related to Chapter 1001, Education Code, is transferred to
4890	4890	the Texas Department of Licensing and Regulation.
4891	4891	(b) Before September 1, 2013, the Texas Education Agency may
4892	4892	agree with the Texas Department of Licensing and Regulation to
4893	4893	transfer any property of the Texas Education Agency to the Texas
4894	4894	Department of Licensing and Regulation to implement the transfer
4895	4895	required by this Act.
4896	4896	SECTION 210. The changes in law made by this Act to Chapter
4897	4897	1001, Education Code, apply only to a fee charged on or after
4898	4898	September 1, 2013. A fee charged before September 1, 2013, is
4899	4899	governed by the law in effect immediately before that date, and the
4900	4900	former law is continued in effect for that purpose.
4901	4901	SECTION 211. To the extent of any conflict, this Act
4902	4902	prevails over another Act of the 83rd Legislature, Regular Session,
4903	4903	2013, relating to nonsubstantive additions to and corrections in
4904	4904	enacted codes.
4905	4905	SECTION 212. This Act takes effect September 1, 2013.
4906	4906	* * * * *