Texas 2015 - 84th Regular

Texas House Bill HB1763 Compare Versions

Only one version of the bill is available at this time.

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1	1	84R5673 MEW-F
2	2	By: Dutton H.B. No. 1763
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Education
8	8	Agency and to the abolition of the State Board for Educator
9	9	Certification and the transfer of its functions to the Texas
10	10	Education Agency; providing for the ad valorem tax rate to be
11	11	imposed after annexation of an insolvent or inoperative school
12	12	district.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 7.004, Education Code, is amended to
15	15	read as follows:
16	16	Sec. 7.004. SUNSET PROVISION. The Texas Education Agency
17	17	is subject to Chapter 325, Government Code (Texas Sunset Act).
18	18	Unless continued in existence as provided by that chapter, the
19	19	agency is abolished September 1, 2027 [2015].
20	20	SECTION 2. Section 7.021(a), Education Code, is amended to
21	21	read as follows:
22	22	(a) The agency shall:
23	23	(1) distribute state and federal funding to public
24	24	schools and ensure the proper use of those funds;
25	25	(2) monitor public schools for compliance with state
26	26	and federal guidelines, subject to the limitations in Section
27	27	7.028;
28	28	(3) administer the statewide standardized testing
29	29	program and accountability systems;
30	30	(4) provide assistance to and impose interventions and
31	31	sanctions on public schools that consistently fail to meet state or
32	32	federal accountability standards;
33	33	(5) provide support to the board in developing
34	34	statewide curriculum standards, adopting instructional materials,
35	35	managing the instructional materials allotment and distribution
36	36	process, and carrying out duties related to the permanent school
37	37	fund;
38	38	(6) collect, analyze, and make accessible a wide array
39	39	of educational and financial data from public schools;
40	40	(7) ensure the quality of public school educators by
41	41	certifying educators, regulating educator preparation programs,
42	42	and taking enforcement action in cases of educator misconduct; and
43	43	(8) carry out any other duties imposed on the agency by
44	44	the legislature consistent with the agency's appropriations and
45	45	mission [perform the educational functions provided by Subsection
46	46	(b)].
47	47	SECTION 3. Subchapter B, Chapter 7, Education Code, is
48	48	amended by adding Section 7.0235 to read as follows:
49	49	Sec. 7.0235. RESTRICTIONS ON AGENCY EMPLOYMENT. (a) In
50	50	this section, "Texas trade association" means a cooperative and
51	51	voluntarily joined statewide association of business or
52	52	professional competitors in this state designed to assist its
53	53	members and its industry or profession in dealing with mutual
54	54	business or professional problems and in promoting their common
55	55	interest.
56	56	(b) A person may not be an agency employee employed in a
57	57	"bona fide executive, administrative, or professional capacity,"
58	58	as that phrase is used for purposes of establishing an exemption to
59	59	the overtime provisions of the federal Fair Labor Standards Act of
60	60	1938 (29 U.S.C. Section 201 et seq.), if:
61	61	(1) the person is an officer, employee, or paid
62	62	consultant of a Texas trade association in the field of elementary
63	63	or secondary education; or
64	64	(2) the person's spouse is an officer, manager, or paid
65	65	consultant of a Texas trade association in the field of elementary
66	66	or secondary education.
67	67	(c) A person may not act as the general counsel to the
68	68	commissioner or the agency if the person is required to register as
69	69	a lobbyist under Chapter 305, Government Code, because of the
70	70	person's activities for compensation on behalf of a profession
71	71	related to the operation of the agency.
72	72	SECTION 4. Subchapter B, Chapter 7, Education Code, is
73	73	amended by adding Sections 7.034, 7.035, and 7.036 to read as
74	74	follows:
75	75	Sec. 7.034. PUBLIC INVOLVEMENT POLICY. The agency shall
76	76	develop and implement a policy regarding public involvement with
77	77	the agency. The policy must:
78	78	(1) describe how the agency will proactively engage
79	79	stakeholders;
80	80	(2) distinguish the purposes and appropriate uses of
81	81	advisory committees and informal work groups, including by
82	82	specifying that an informal work group:
83	83	(A) is not subject to Chapter 2110, Government
84	84	Code; and
85	85	(B) must have a well-defined purpose and follow
86	86	specific timelines for completing tasks;
87	87	(3) identify actions the agency will take that exceed
88	88	the minimum open meetings requirements under Chapter 551,
89	89	Government Code;
90	90	(4) include a strategy for providing updated
91	91	information regarding advisory committees and issues of concern to
92	92	stakeholders through the agency's Internet website; and
93	93	(5) describe how public input will affect agency
94	94	decisions, including by providing information regarding the
95	95	specific outcomes for all types of public input.
96	96	Sec. 7.035. COMPLAINTS. (a) The agency shall maintain a
97	97	system to promptly and efficiently act on complaints filed with the
98	98	agency. The agency shall maintain information about parties to the
99	99	complaint, the subject matter of the complaint, a summary of the
100	100	results of the review or investigation of the complaint, and its
101	101	disposition.
102	102	(b) The agency shall make information available describing
103	103	its procedures for complaint investigation and resolution.
104	104	(c) The agency shall periodically notify the complaint
105	105	parties of the status of the complaint until final disposition.
106	106	Sec. 7.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
107	107	RESOLUTION. (a) The agency shall develop a policy to encourage the
108	108	use of:
109	109	(1) negotiated rulemaking procedures under Chapter
110	110	2008, Government Code, for the adoption of agency rules; and
111	111	(2) appropriate alternative dispute resolution
112	112	procedures under Chapter 2009, Government Code, to assist in the
113	113	resolution of internal and external disputes under the agency's
114	114	jurisdiction.
115	115	(b) The agency's procedures relating to alternative dispute
116	116	resolution must conform, to the extent possible, to any model
117	117	guidelines issued by the State Office of Administrative Hearings
118	118	for the use of alternative dispute resolution by state agencies.
119	119	(c) The agency shall:
120	120	(1) coordinate the implementation of the policy
121	121	adopted under Subsection (a);
122	122	(2) provide training as needed to implement the
123	123	procedures for negotiated rulemaking or alternative dispute
124	124	resolution; and
125	125	(3) collect data concerning the effectiveness of those
126	126	procedures.
127	127	SECTION 5. Section 7.055(a), Education Code, is amended to
128	128	read as follows:
129	129	(a) The commissioner shall:
130	130	(1) serve as the educational leader of the state;
131	131	(2) serve as executive officer of the agency, with
132	132	authority to:
133	133	(A) employ division heads and any other employees
134	134	and clerks necessary to perform the duties of the agency;
135	135	(B) delegate ministerial and executive functions
136	136	to agency staff;
137	137	(C) appoint advisory committees, in accordance
138	138	with Chapter 2110, Government Code, as necessary to advise the
139	139	commissioner in carrying out the duties and mission of the agency;
140	140	and
141	141	(D) appoint an internal auditor for the agency;
142	142	and
143	143	(3) carry out the duties imposed on the commissioner
144	144	by the legislature [has the powers and duties provided by
145	145	Subsection (b)].
146	146	SECTION 6. Section 7.055(b)(9), Education Code, is
147	147	transferred to Subchapter A, Chapter 7, Education Code,
148	148	redesignated as Section 7.011, Education Code, and amended to read
149	149	as follows:
150	150	Sec. 7.011. TEXAS SCHOOL LAW BULLETIN. [(9)] The
151	151	commissioner shall have a bulletin [manual] published at least once
152	152	every two years that contains Title 1 and this title, any other
153	153	provisions of this code relating specifically to public primary or
154	154	secondary education, and an appendix of all other state laws
155	155	relating to public primary or secondary education. The
156	156	commissioner [and] shall provide for the distribution of the
157	157	bulletin [manual] as determined by the board.
158	158	SECTION 7. Section 7.055(b)(40), Education Code, is
159	159	transferred to Subchapter A, Chapter 21, Education Code,
160	160	redesignated as Section 21.011, Education Code, and amended to read
161	161	as follows:
162	162	Sec. 21.011. SUSPENSION RELATING TO COLLECTIVE BARGAINING
163	163	OR STRIKES. [(40)] The commissioner shall suspend the certificate
164	164	of an educator or permit of a teacher who violates Chapter 617,
165	165	Government Code.
166	166	SECTION 8. Subchapter C, Chapter 7, Education Code, is
167	167	amended by adding Section 7.066 to read as follows:
168	168	Sec. 7.066. ADVISORY COMMITTEE RULES. (a) The
169	169	commissioner shall adopt rules, in compliance with Chapter 2110,
170	170	Government Code, regarding an advisory committee that primarily
171	171	functions to advise the commissioner or the agency, including rules
172	172	governing an advisory committee's purpose, tasks, reporting
173	173	requirements, and abolishment date.
174	174	(b) The commissioner may adopt rules under this section
175	175	regarding an advisory committee's:
176	176	(1) size and quorum requirements;
177	177	(2) qualifications for membership, including
178	178	experience requirements and geographic representation;
179	179	(3) appointment procedures;
180	180	(4) terms of service; and
181	181	(5) compliance with the requirements for open meetings
182	182	under Chapter 551, Government Code.
183	183	SECTION 9. Section 12.1014(f), Education Code, is amended
184	184	to read as follows:
185	185	(f) The commissioner [and the State Board for Educator
186	186	Certification] shall adopt rules as necessary to administer this
187	187	section.
188	188	SECTION 10. Section 12.107(b), Education Code, is amended
189	189	to read as follows:
190	190	(b) A charter holder shall deliver to the agency a copy of a
191	191	direct deposit form that identifies [the depository contract
192	192	between the charter holder and] any bank into which state funds are
193	193	deposited.
194	194	SECTION 11. Section 12.118, Education Code, is amended to
195	195	read as follows:
196	196	Sec. 12.118. EVALUATION OF OPEN-ENROLLMENT CHARTER
197	197	SCHOOLS. (a) The commissioner shall designate an impartial
198	198	organization with experience in evaluating school choice programs
199	199	to conduct an [annual] evaluation of open-enrollment charter
200	200	schools once every four years.
201	201	(b) An evaluation under this section must include an
202	202	evaluation of cost, performance, or [consideration of the following
203	203	items before implementing the charter and after implementing the
204	204	charter:
205	205	[(1) students' scores on assessment instruments
206	206	administered under Subchapter B, Chapter 39;
207	207	[(2) student attendance;
208	208	[(3) students' grades;
209	209	[(4) incidents involving student discipline;
210	210	[(5) socioeconomic data on students' families;
211	211	[(6) parents' satisfaction with their children's
212	212	schools; and
213	213	[(7) students' satisfaction with their schools.
214	214	[(c) The evaluation of open-enrollment charter schools must
215	215	also include an evaluation of:
216	216	[(1) the costs of instruction, administration, and
217	217	transportation incurred by open-enrollment charter schools;
218	218	[(2) the effect of open-enrollment charter schools on
219	219	school districts and on teachers, students, and parents in those
220	220	districts; and
221	221	[(3)] other issues, as determined by the commissioner.
222	222	(c) Not later than December 1 of each year in which an
223	223	evaluation is conducted under Subsection (a), the agency shall
224	224	submit a report to the legislature regarding the findings of an
225	225	evaluation conducted under this section. The report must include
226	226	appropriate recommendations, as determined by the agency, to
227	227	improve the performance and regulation of open-enrollment charter
228	228	schools.
229	229	(c-1) The agency shall submit the first report required
230	230	under Subsection (c) not later than December 1, 2018. This
231	231	subsection expires January 1, 2019.
232	232	SECTION 12. Section 13.005(a), Education Code, is amended
233	233	to read as follows:
234	234	(a) Except as provided by this section, Section 13.054, or
235	235	[by] a local consolidation agreement under Section 13.158, the
236	236	annexation of all or part of the territory of one district to
237	237	another is effective on the first July 1 that is more than 30 days
238	238	after the date of the order or ordinance accomplishing the
239	239	annexation or of the declaration of the results of an election at
240	240	which the transfer is approved.
241	241	SECTION 13. Subchapter B, Chapter 13, Education Code, is
242	242	amended by adding Section 13.0521 to read as follows:
243	243	Sec. 13.0521. INSOLVENT OR INOPERATIVE DISTRICT. (a) The
244	244	board of trustees of a school district may notify the commissioner
245	245	that the district is unable to complete the current or subsequent
246	246	school year for financial or other reasons. On notification, the
247	247	commissioner shall investigate the finances and other
248	248	circumstances of the district. If the commissioner determines that
249	249	the district is unable to complete the current or subsequent school
250	250	year, the commissioner shall report the district to the
251	251	commissioners court of each county that contains district territory
252	252	for annexation as provided by this section.
253	253	(b) If a district has failed to operate school for 10 or more
254	254	days of its regular school year, the commissioner shall notify the
255	255	district that it is subject to annexation under this section. The
256	256	commissioner shall require the district to submit a plan not later
257	257	than the 10th day after the date the commissioner provides
258	258	notification describing how the district will complete the current
259	259	school year and subsequent school year. If the district fails to
260	260	submit a plan, or if the commissioner, after evaluating the
261	261	district's plan, determines that the district cannot reasonably be
262	262	expected to complete the current or subsequent school year, the
263	263	commissioner shall report the district to the commissioners court
264	264	of each county that contains district territory for annexation as
265	265	provided by this section.
266	266	(c) Each commissioners court by order shall annex district
267	267	territory within the county to one or more other districts in the
268	268	county or to a contiguous district in an adjacent county, provided
269	269	that the commissioners court of the adjacent county consents to the
270	270	annexation. An annexation under this section must occur in an open
271	271	meeting with opportunity for public comment.
272	272	(d) If a commissioners court fails to order annexation of
273	273	district territory on or before the 60th day after the date the
274	274	commissioner reports the district to the commissioners court, the
275	275	commissioner shall order annexation of the territory to one or more
276	276	other districts. The commissioner may annex the territory to a
277	277	district in the same county or to a contiguous district in an
278	278	adjacent county.
279	279	(e) The commissioners court or the commissioner, as
280	280	applicable, shall specify the effective date for the annexation,
281	281	which may not be later than the first anniversary of the date of the
282	282	annexation order. The order shall identify the district or
283	283	districts required to serve students residing in the district to be
284	284	annexed through any school year that begins before the effective
285	285	date of the annexation. A district required to serve students under
286	286	this subsection shall provide services equivalent to those provided
287	287	to the district's other students and shall be entitled to funding
288	288	for the attendance and transportation of students served as
289	289	required by the order.
290	290	(f) The annexation order shall define by legal boundary
291	291	description the resulting territory of each district to which
292	292	territory is annexed and shall be recorded in the minutes of the
293	293	commissioners court.
294	294	(g) The governing board of a district to which territory is
295	295	annexed is the governing board for the resulting district.
296	296	(h) Title to real property of the annexed district vests in
297	297	the district to which the property is annexed. Each district to
298	298	which territory is annexed assumes and is liable for any portion of
299	299	the annexed district's indebtedness that is allocated to the
300	300	receiving district under Section 13.004.
301	301	(i) A district to which territory is annexed under this
302	302	section is entitled to incentive aid under Section 13.281, as
303	303	determined by the commissioner, as if the district were created
304	304	through consolidation.
305	305	(j) The annexation order shall provide for taxation of the
306	306	territory annexed during the year in which the annexation takes
307	307	place. Unless a different rate is required by Section 3-b, Article
308	308	VII, Texas Constitution, the order shall provide for a levy of a tax
309	309	at a rate equal to the maintenance and operations tax rate of the
310	310	district to which the territory is annexed, plus any required
311	311	interest and sinking fund tax.
312	312	(k) Except as otherwise provided by this subsection, this
313	313	section does not affect the authority of the board of trustees of a
314	314	district subject to annexation under this section to pursue
315	315	consolidation under Subchapter D of this chapter or Subchapter B,
316	316	Chapter 41. Actions authorized under this section may be taken
317	317	pending the outcome of an election to consolidate districts under
318	318	Subchapter D of this chapter or a decision to consolidate under
319	319	Subchapter B, Chapter 41. An election to consolidate or a decision
320	320	to consolidate under Subchapter B, Chapter 41, that occurs not
321	321	later than the 60th day following the date an annexation order is
322	322	entered under this section prevails over the annexation order if
323	323	the proposition for consolidation is adopted in both districts,
324	324	provided that a district required to serve students under
325	325	Subsection (e) shall allow any student to attend school through the
326	326	completion of the school year in which the effective date of a
327	327	consolidation occurs. An election to consolidate or a decision to
328	328	consolidate under Subchapter B, Chapter 41, that occurs later than
329	329	the 60th day following the date an annexation order is entered under
330	330	this section is void.
331	331	(l) Notwithstanding Section 13.009, a determination by the
332	332	commissioner or a commissioners court under this section is final
333	333	and may not be appealed.
334	334	(m) The commissioner may adopt rules to implement this
335	335	section.
336	336	SECTION 14. Section 13.054, Education Code, is amended by
337	337	amending Subsections (a), (b), and (d) and adding Subsection (h) to
338	338	read as follows:
339	339	(a) The commissioner by order may annex to one or more
340	340	[adjoining] districts a school district that has received an
341	341	accreditation status of accredited-warned or accredited-probation,
342	342	has failed to satisfy any standard under Section 39.054(e), or has
343	343	failed to satisfy financial accountability standards as determined
344	344	by commissioner rule [been rated as academically unacceptable] for
345	345	a period of two consecutive years.
346	346	(b) The governing board of a district to which territory [of
347	347	an academically unacceptable district] is annexed is the governing
348	348	board for the new district.
349	349	(d) Title to the real property of the [academically
350	350	unacceptable] district to be annexed vests in the district to which
351	351	the property is annexed. Each district to which territory is
352	352	annexed assumes and is liable for any portion of the [academically
353	353	unacceptable district's] indebtedness of the district to be annexed
354	354	that is allocated to the receiving district under Section 13.004.
355	355	(h) Notwithstanding Section 13.005, the commissioner may
356	356	provide for an alternate effective date for an annexation under
357	357	this section if the alternate date is in the best interest of
358	358	students.
359	359	SECTION 15. Sections 21.0031(a), (b-1), and (f), Education
360	360	Code, are amended to read as follows:
361	361	(a) An employee's probationary, continuing, or term
362	362	contract under this chapter is void if the employee:
363	363	(1) does not hold a valid certificate or permit issued
364	364	by the commissioner [State Board for Educator Certification];
365	365	(2) fails to fulfill the requirements necessary to
366	366	renew or extend the employee's temporary, probationary, or
367	367	emergency certificate or any other certificate or permit issued
368	368	under Subchapter B; or
369	369	(3) fails to comply with any requirement under
370	370	Subchapter C, Chapter 22, if the failure results in suspension or
371	371	revocation of the employee's certificate under Section
372	372	22.0831(f)(2).
373	373	(b-1) A school district may not terminate or suspend under
374	374	Subsection (b) an employee whose contract is void under Subsection
375	375	(a)(1) or (2) because the employee failed to renew or extend the
376	376	employee's certificate or permit if the employee:
377	377	(1) requests an extension from the commissioner [State
378	378	Board for Educator Certification] to renew, extend, or otherwise
379	379	validate the employee's certificate or permit; and
380	380	(2) not later than the 10th day after the date the
381	381	contract is void, takes necessary measures to renew, extend, or
382	382	otherwise validate the employee's certificate or permit, as
383	383	determined by the commissioner [State Board for Educator
384	384	Certification].
385	385	(f) For purposes of this section, a certificate or permit is
386	386	not considered to have expired if:
387	387	(1) the employee has completed the requirements for
388	388	renewal of the certificate or permit;
389	389	(2) the employee submitted the request for renewal
390	390	prior to the expiration date; and
391	391	(3) the date the certificate or permit would have
392	392	expired is before the date the commissioner [State Board for
393	393	Educator Certification] takes action to approve the renewal of the
394	394	certificate or permit.
395	395	SECTION 16. Sections 21.004(a), (b), (c), (d), and (e),
396	396	Education Code, are amended to read as follows:
397	397	(a) To the extent that funds are available, the agency[, the
398	398	State Board for Educator Certification,] and the Texas Higher
399	399	Education Coordinating Board shall develop and implement programs
400	400	to identify talented students and recruit those students and
401	401	persons, including high school and undergraduate students,
402	402	mid-career and retired professionals, honorably discharged and
403	403	retired military personnel, and members of underrepresented gender
404	404	and ethnic groups, into the teaching profession.
405	405	(b) From available funds, the agency[, the State Board for
406	406	Educator Certification,] and the Texas Higher Education
407	407	Coordinating Board shall develop and distribute materials that
408	408	emphasize the importance of the teaching profession and inform
409	409	individuals about state-funded loan forgiveness and tuition
410	410	assistance programs.
411	411	(c) The commissioner, in cooperation with the commissioner
412	412	of higher education [and the executive director of the State Board
413	413	for Educator Certification], shall annually identify the need for
414	414	teachers in specific subject areas and geographic regions and among
415	415	underrepresented groups. The commissioner shall give priority to
416	416	developing and implementing recruitment programs to address those
417	417	needs from the agency's discretionary funds.
418	418	(d) The agency[, the State Board for Educator
419	419	Certification,] and the Texas Higher Education Coordinating Board
420	420	shall encourage the business community to cooperate with local
421	421	schools to develop recruiting programs designed to attract and
422	422	retain capable teachers, including programs to provide summer
423	423	employment opportunities for teachers.
424	424	(e) The agency[, the State Board for Educator
425	425	Certification,] and the Texas Higher Education Coordinating Board
426	426	shall encourage major education associations to cooperate in
427	427	developing a long-range program promoting teaching as a career and
428	428	to assist in identifying local activities and resources that may be
429	429	used to promote the teaching profession.
430	430	SECTION 17. Sections 21.006(b), (b-1), (c), (d), (e), (f),
431	431	and (g), Education Code, are amended to read as follows:
432	432	(b) In addition to the reporting requirement under Section
433	433	261.101, Family Code, the superintendent or director of a school
434	434	district, open-enrollment charter school, regional education
435	435	service center, or shared services arrangement shall notify the
436	436	commissioner [State Board for Educator Certification] if [the
437	437	superintendent or director has reasonable cause to believe that]:
438	438	(1) an educator [employed by or] seeking employment by
439	439	the district, school, service center, or shared services
440	440	arrangement has a criminal record or the criminal record of an
441	441	educator employed by the district, school, service center, or
442	442	shared services arrangement changes, as determined by commissioner
443	443	rule;
444	444	(2) an educator's employment at the district, school,
445	445	service center, or shared services arrangement was terminated based
446	446	on a determination that the educator:
447	447	(A) abused or otherwise committed an unlawful act
448	448	with a student or minor;
449	449	(A-1) was involved in a romantic relationship
450	450	with or solicited or engaged in sexual contact with a student or
451	451	minor;
452	452	(B) possessed, transferred, sold, or distributed
453	453	a controlled substance, as defined by Chapter 481, Health and
454	454	Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
455	455	subsequent amendments];
456	456	(C) illegally transferred, appropriated, or
457	457	expended funds or other property of the district, school, service
458	458	center, or shared services arrangement;
459	459	(D) attempted by fraudulent or unauthorized
460	460	means to obtain or alter a professional certificate or license for
461	461	the purpose of promotion or additional compensation; or
462	462	(E) committed a criminal offense or any part of a
463	463	criminal offense on school property or at a school-sponsored event;
464	464	(3) the educator resigned and reasonable evidence
465	465	supports a recommendation by the superintendent or director to
466	466	terminate the educator based on a determination that the educator
467	467	engaged in misconduct described by Subdivision (2); or
468	468	(4) the educator engaged in conduct that violated the
469	469	assessment instrument security procedures established under
470	470	Section 39.0301.
471	471	(b-1) A superintendent or director of a school district or
472	472	open-enrollment charter school shall complete an investigation of
473	473	an educator that is based on a reasonable suspicion [cause] to
474	474	believe the educator may have engaged in misconduct described by
475	475	Subsection (b)(2)(A) or (A-1), despite the educator's resignation
476	476	from district or school employment before completion of the
477	477	investigation. The agency shall establish procedures for an
478	478	investigation under this subsection.
479	479	(c) The superintendent or director must notify the
480	480	commissioner [State Board for Educator Certification] by filing a
481	481	report with the commissioner [board] not later than the seventh day
482	482	after the date the superintendent or director first learns about a
483	483	change in an employee's criminal record under Subsection (b)(1) or
484	484	a termination of employment or resignation following an alleged
485	485	incident of misconduct described by Subsection (b). The report
486	486	must be:
487	487	(1) in writing; and
488	488	(2) in a form prescribed by the commissioner [board].
489	489	(d) The superintendent or director shall notify the board of
490	490	trustees or governing body of the school district, open-enrollment
491	491	charter school, regional education service center, or shared
492	492	services arrangement and the educator of the filing of the report
493	493	required by Subsection (c).
494	494	(e) A superintendent or director who in good faith and while
495	495	acting in an official capacity files a report with the commissioner
496	496	[State Board for Educator Certification] under this section is
497	497	immune from civil or criminal liability that might otherwise be
498	498	incurred or imposed.
499	499	(f) The commissioner [State Board for Educator
500	500	Certification] shall determine whether to impose sanctions against
501	501	a superintendent or director who fails to file a report in violation
502	502	of Subsection (c).
503	503	(g) The commissioner [State Board for Educator
504	504	Certification] shall adopt [propose] rules as necessary to
505	505	implement this section.
506	506	SECTION 18. Sections 21.007(b), (c), (d), (e), and (f),
507	507	Education Code, are amended to read as follows:
508	508	(b) The commissioner [board] shall adopt a procedure for
509	509	placing a notice of alleged misconduct on an educator's public
510	510	certification records. The procedure adopted by the commissioner
511	511	[board] must provide for immediate placement of a notice of alleged
512	512	misconduct on an educator's public certification records if the
513	513	alleged misconduct presents a risk to the health, safety, or
514	514	welfare of a student or minor as determined by the commissioner
515	515	[board].
516	516	(c) The commissioner [board] must notify an educator in
517	517	writing when placing a notice of an alleged incident of misconduct
518	518	on the public certification records of the educator.
519	519	(d) The commissioner [board] must provide an opportunity
520	520	for an educator to show cause why the notice should not be placed on
521	521	the educator's public certification records. The commissioner
522	522	[board] shall adopt [propose] rules establishing the length of time
523	523	that a notice may remain on the educator's public certification
524	524	records before the commissioner [board] must:
525	525	(1) initiate a proceeding to impose a sanction on the
526	526	educator on the basis of the alleged misconduct; or
527	527	(2) remove the notice from the educator's public
528	528	certification records.
529	529	(e) If it is determined that the educator has not engaged in
530	530	the alleged incident of misconduct, the commissioner [board] shall
531	531	immediately remove the notice from the educator's public
532	532	certification records.
533	533	(f) The commissioner [board] shall adopt [propose] rules
534	534	necessary to administer this section.
535	535	SECTION 19. Section 21.031, Education Code, is amended to
536	536	read as follows:
537	537	Sec. 21.031. COMMISSIONER ROLE IN CERTIFICATION OF
538	538	EDUCATORS [PURPOSE]. (a) [The State Board for Educator
539	539	Certification is established to recognize public school educators
540	540	as professionals and to grant educators the authority to govern the
541	541	standards of their profession.] The commissioner [board] shall
542	542	regulate and oversee all aspects of the certification, continuing
543	543	education, and standards of conduct of public school educators.
544	544	(b) In adopting [proposing] rules under this subchapter,
545	545	the commissioner [board] shall ensure that all candidates for
546	546	certification or renewal of certification demonstrate the
547	547	knowledge and skills necessary to improve the performance of the
548	548	diverse student population of this state.
549	549	SECTION 20. Section 21.040, Education Code, is amended to
550	550	read as follows:
551	551	Sec. 21.040. ADVISORY COMMITTEE [GENERAL POWERS AND DUTIES
552	552	OF BOARD]. (a) The commissioner [board] shall[:
553	553	[(1) supervise the executive director's performance;
554	554	[(2) approve an operating budget for the board and
555	555	make a request for appropriations;
556	556	[(3) appoint the members of any advisory committee to
557	557	the board;
558	558	[(4) for each class of educator certificate,] appoint
559	559	an advisory committee [composed of members of that class] to
560	560	recommend standards for educator certification and educator
561	561	preparation programs [that class] to the commissioner [board;
562	562	[(5) provide to its members and employees, as often as
563	563	necessary, information regarding their qualifications for office
564	564	or employment under this chapter and their responsibilities under
565	565	applicable laws relating to standards of conduct for state officers
566	566	or employees;
567	567	[(6) develop and implement policies that clearly
568	568	define the respective responsibilities of the board and the board's
569	569	staff; and
570	570	[(7) execute interagency contracts to perform routine
571	571	administrative functions].
572	572	(b) In appointing the members of the advisory committee
573	573	established under this section, the commissioner shall ensure the
574	574	committee has a balanced representation of teachers,
575	575	administrators, school counselors, and representatives of both
576	576	traditional and alternative certification educator preparation
577	577	programs.
578	578	SECTION 21. Sections 21.041(b), (c), and (d), Education
579	579	Code, are amended to read as follows:
580	580	(b) The commissioner [board] shall adopt [propose] rules
581	581	that:
582	582	(1) provide for the regulation of educators and the
583	583	general administration of this subchapter in a manner consistent
584	584	with this subchapter;
585	585	(2) specify the classes of educator certificates to be
586	586	issued, including emergency certificates;
587	587	(3) specify the period for which each class of
588	588	educator certificate is valid;
589	589	(4) specify the requirements for the issuance and
590	590	renewal of an educator certificate;
591	591	(5) provide for the issuance of an educator
592	592	certificate to a person who holds a similar certificate issued by
593	593	another state or foreign country, subject to Section 21.052;
594	594	(6) provide for special or restricted certification of
595	595	educators, including certification of instructors of American Sign
596	596	Language;
597	597	(7) provide for disciplinary proceedings, including
598	598	the suspension or revocation of an educator certificate, as
599	599	provided by Chapter 2001, Government Code;
600	600	(8) provide for the adoption, amendment, and
601	601	enforcement of an educator's code of ethics;
602	602	(9) provide for continuing education requirements;
603	603	and
604	604	(10) provide for certification of persons performing
605	605	appraisals under Subchapter H.
606	606	(c) The commissioner [board] shall adopt [propose] a rule
607	607	establishing [adopting] a fee for the issuance and maintenance of
608	608	an educator certificate that, when combined with any fees imposed
609	609	under Subsection (d), is adequate to cover the cost of
610	610	administration of this subchapter.
611	611	(d) The commissioner [board] may adopt [propose] a rule
612	612	establishing [adopting] a fee for the approval or renewal of
613	613	approval of an educator preparation program, or for the addition of
614	614	a certificate or field of certification to the scope of a program's
615	615	approval. A fee imposed under this subsection may not exceed the
616	616	amount necessary, as determined by the commissioner [board], to
617	617	provide for the administrative cost of approving, renewing the
618	618	approval of, and appropriately ensuring the accountability of
619	619	educator preparation programs under this subchapter.
620	620	SECTION 22. Section 21.044, Education Code, as amended by
621	621	Chapters 161 (S.B. 1093), 1091 (H.B. 3573), 1282 (H.B. 2012), and
622	622	1321 (S.B. 460), Acts of the 83rd Legislature, Regular Session,
623	623	2013, is amended to read as follows:
624	624	Sec. 21.044. EDUCATOR PREPARATION. (a) The commissioner
625	625	[board] shall adopt [propose] rules establishing the training
626	626	requirements a person must accomplish to obtain a certificate,
627	627	enter an internship, or enter an induction-year program. The
628	628	commissioner [board] shall specify the minimum academic
629	629	qualifications required for a certificate.
630	630	(b) Any minimum academic qualifications for a certificate
631	631	specified under Subsection (a) that require a person to possess a
632	632	bachelor's degree must also require that the person receive, as
633	633	part of the curriculum for that degree, instruction in detection
634	634	and education of students with dyslexia. This subsection does not
635	635	apply to a person who obtains a certificate through an alternative
636	636	certification program adopted under Section 21.049.
637	637	(c) The instruction under Subsection (b) must:
638	638	(1) be developed by a panel of experts in the diagnosis
639	639	and treatment of dyslexia who are:
640	640	(A) employed by institutions of higher
641	641	education; and
642	642	(B) approved by the commissioner [board]; and
643	643	(2) include information on:
644	644	(A) characteristics of dyslexia;
645	645	(B) identification of dyslexia; and
646	646	(C) effective, multisensory strategies for
647	647	teaching students with dyslexia.
648	648	(c-1) Any minimum academic qualifications for a certificate
649	649	specified under Subsection (a) that require a person to possess a
650	650	bachelor's degree must also require that the person receive, as
651	651	part of the training required to obtain that certificate,
652	652	instruction in detection of students with mental or emotional
653	653	disorders.
654	654	(c-2) The instruction under Subsection (c-1) must:
655	655	(1) be developed by a panel of experts in the diagnosis
656	656	and treatment of mental or emotional disorders who are appointed by
657	657	the commissioner [board]; and
658	658	(2) include information on:
659	659	(A) characteristics of the most prevalent mental
660	660	or emotional disorders among children;
661	661	(B) identification of mental or emotional
662	662	disorders;
663	663	(C) effective strategies for teaching and
664	664	intervening with students with mental or emotional disorders,
665	665	including de-escalation techniques and positive behavioral
666	666	interventions and supports; and
667	667	(D) providing, in compliance with Section
668	668	38.010, notice and referral to a parent or guardian of a student
669	669	with a mental or emotional disorder so that the parent or guardian
670	670	may take appropriate action such as seeking mental health services.
671	671	(d) In adopting [proposing] rules under this section, the
672	672	commissioner [board] shall specify that to obtain a certificate to
673	673	teach an "applied STEM course," as that term is defined by Section
674	674	28.027, at a secondary school, a person must:
675	675	(1) pass the certification test administered by the
676	676	recognized national or international business and industry group
677	677	that created the curriculum the applied STEM course is based on; and
678	678	(2) have at a minimum:
679	679	(A) an associate degree from an accredited
680	680	institution of higher education; and
681	681	(B) three years of work experience in an
682	682	occupation for which the applied STEM course is intended to prepare
683	683	the student.
684	684	(e) In adopting [proposing] rules under this section for a
685	685	person to obtain a certificate to teach a health science technology
686	686	education course, the commissioner [board] shall specify that a
687	687	person must have:
688	688	(1) an associate degree or more advanced degree from
689	689	an accredited institution of higher education;
690	690	(2) current licensure, certification, or registration
691	691	as a health professions practitioner issued by a nationally
692	692	recognized accrediting agency for health professionals; and
693	693	(3) at least two years of wage earning experience
694	694	utilizing the licensure requirement.
695	695	(f) The commissioner [board] may not adopt [propose] rules
696	696	for a certificate to teach a health science technology education
697	697	course that specify that a person must have a bachelor's degree or
698	698	that establish any other credential or teaching experience
699	699	requirements that exceed the requirements under Subsection (e).
700	700	(g) [(e)] Each educator preparation program must provide
701	701	information regarding:
702	702	(1) the skills that educators are required to possess,
703	703	the responsibilities that educators are required to accept, and the
704	704	high expectations for students in this state;
705	705	(2) the effect of supply and demand forces on the
706	706	educator workforce in this state;
707	707	(3) the performance over time of the educator
708	708	preparation program;
709	709	(4) the importance of building strong classroom
710	710	management skills; and
711	711	(5) the framework in this state for teacher and
712	712	principal evaluation, including the procedures followed in
713	713	accordance with Subchapter H.
714	714	SECTION 23. Section 21.0441, Education Code, is amended to
715	715	read as follows:
716	716	Sec. 21.0441. ADMISSION REQUIREMENTS FOR EDUCATOR
717	717	PREPARATION PROGRAMS. (a) Rules of the commissioner adopted
718	718	[board proposed] under this subchapter must provide that a person,
719	719	other than a person seeking career and technology education
720	720	certification, is not eligible for admission to an educator
721	721	preparation program, including an alternative educator preparation
722	722	program, unless the person:
723	723	(1) except as provided by Subsection (b), satisfies
724	724	minimum grade point average requirements prescribed by the
725	725	commissioner [board], not to exceed the following:
726	726	(A) an overall grade point average of at least
727	727	2.75 on a four-point scale or the equivalent on any course work
728	728	previously attempted at a public or private institution of higher
729	729	education; or
730	730	(B) a grade point average of at least 2.75 on a
731	731	four-point scale or the equivalent for the last 60 semester credit
732	732	hours attempted at a public or private institution of higher
733	733	education; and
734	734	(2) if the person is seeking initial certification:
735	735	(A) has successfully completed at least:
736	736	(i) 15 semester credit hours in the
737	737	subject-specific content area in which the person is seeking
738	738	certification, if the person is seeking certification to teach
739	739	mathematics or science at or above grade level seven; or
740	740	(ii) 12 semester credit hours in the
741	741	subject-specific content area in which the person is seeking
742	742	certification, if the person is not seeking certification to teach
743	743	mathematics or science at or above grade level seven; or
744	744	(B) has achieved a satisfactory level of
745	745	performance on a content certification examination, which may be a
746	746	content certification examination administered by a vendor
747	747	approved by the commissioner for purposes of administering such an
748	748	examination for the year for which the person is applying for
749	749	admission to the program.
750	750	(b) The commissioner's [board's] rules must permit an
751	751	educator preparation program to admit in extraordinary
752	752	circumstances a person who fails to satisfy a grade point average
753	753	requirement prescribed by Subsection (a)(1)(A) or (B), provided
754	754	that:
755	755	(1) not more than 10 percent of the total number of
756	756	persons admitted to the program in a year fail to satisfy the
757	757	requirement under Subsection (a)(1)(A) or (B); and
758	758	(2) for each person admitted as described by this
759	759	subsection, the director of the program determines and certifies,
760	760	based on documentation provided by the person, that the person's
761	761	work, business, or career experience demonstrates achievement
762	762	comparable to the academic achievement represented by the grade
763	763	point average requirement.
764	764	SECTION 24. Section 21.045, Education Code, is amended to
765	765	read as follows:
766	766	Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR
767	767	PREPARATION PROGRAMS; PROGRAM APPROVAL AND RENEWAL. (a) The
768	768	commissioner [board] shall adopt [propose] rules establishing
769	769	standards to govern the approval and continuing accountability of
770	770	all educator preparation programs based on the following
771	771	information that is disaggregated with respect to sex and
772	772	ethnicity:
773	773	(1) results of the certification examinations
774	774	prescribed under Section 21.048(a);
775	775	(2) performance based on the appraisal system for
776	776	beginning teachers adopted by the commissioner [board];
777	777	(3) achievement, including improvement in
778	778	achievement, of students taught by beginning teachers for the first
779	779	three years following certification, to the extent practicable; and
780	780	(4) compliance with commissioner [board] requirements
781	781	regarding the frequency, duration, and quality of structural
782	782	guidance and ongoing support provided by field supervisors to
783	783	beginning teachers during their first year in the classroom.
784	784	(b) Each educator preparation program shall submit data
785	785	elements as required by the commissioner [board] for an annual
786	786	performance report to ensure access and equity. At a minimum, the
787	787	annual report must contain the performance data from Subsection
788	788	(a), other than the data required for purposes of Subsection
789	789	(a)(3), and the following information, disaggregated by sex and
790	790	ethnicity:
791	791	(1) the number of candidates who apply;
792	792	(2) the number of candidates admitted;
793	793	(3) the number of candidates retained;
794	794	(4) the number of candidates completing the program;
795	795	(5) the number of candidates employed in the
796	796	profession after completing the program;
797	797	(6) the number of candidates retained in the
798	798	profession; and
799	799	(7) any other information required by federal law.
800	800	(c) The commissioner [board] shall adopt [propose] rules
801	801	establishing performance standards for the Accountability System
802	802	for Educator Preparation for accrediting educator preparation
803	803	programs. At a minimum, performance standards must be based on
804	804	Subsection (a).
805	805	(d) The commissioner shall adopt [board may propose] rules
806	806	establishing minimum standards for approval or renewal of approval
807	807	of:
808	808	(1) educator preparation programs; or
809	809	(2) certification fields authorized to be offered by
810	810	an educator preparation program.
811	811	(e) In adopting rules establishing minimum standards for
812	812	renewal of approval of educator preparation programs under
813	813	Subsection (d)(1), the commissioner shall require that each
814	814	educator preparation program obtain renewal of approval every five
815	815	years. The commissioner shall adopt an evaluation process to be
816	816	used for purposes of educator preparation program renewal. To be
817	817	eligible for renewal and continued accreditation, an educator
818	818	preparation program must meet basic standards and requirements to
819	819	adequately prepare candidates for educator certification, as
820	820	determined by the commissioner.
821	821	SECTION 25. The heading to Section 21.0451, Education Code,
822	822	is amended to read as follows:
823	823	Sec. 21.0451. SANCTIONS [UNDER ACCOUNTABILITY SYSTEM] FOR
824	824	EDUCATOR PREPARATION PROGRAMS.
825	825	SECTION 26. Section 21.0451, Education Code, is amended by
826	826	amending Subsection (a) and adding Subsections (e) and (f) to read
827	827	as follows:
828	828	(a) The commissioner [board] shall adopt [propose] rules
829	829	for the sanction of educator preparation programs that do not meet
830	830	accountability standards or comply with state law or commissioner
831	831	rules and shall annually review the accreditation status of each
832	832	educator preparation program. The rules:
833	833	(1) shall provide for the assignment of the following
834	834	accreditation statuses:
835	835	(A) not rated;
836	836	(B) accredited;
837	837	(C) accredited-warned;
838	838	(D) accredited-probation; and
839	839	(E) not accredited-revoked;
840	840	(2) may provide for the agency to take any necessary
841	841	action, including one or more of the following actions:
842	842	(A) requiring the program to obtain technical
843	843	assistance approved by the agency [or board];
844	844	(B) requiring the program to obtain professional
845	845	services under contract with another person;
846	846	(C) appointing a monitor to participate in and
847	847	report to the commissioner [board] on the activities of the
848	848	program; and
849	849	(D) if a program has been rated as
850	850	accredited-probation [under the Accountability System for Educator
851	851	Preparation] for a period of at least one year, revoking the
852	852	approval of the program and ordering the program to be closed,
853	853	provided that the [board or] agency must provide the opportunity
854	854	for a hearing before the effective date of the closure; and
855	855	(3) shall provide for the agency to revoke the
856	856	approval of the program and order the program to be closed if the
857	857	program has been rated as accredited-probation [under the
858	858	Accountability System for Educator Preparation] for three
859	859	consecutive years, provided that the [board or] agency must provide
860	860	the opportunity for a hearing before the effective date of the
861	861	closure.
862	862	(e) The commissioner shall adopt procedures to ensure that
863	863	sanctions under this section are applied fairly.
864	864	(f) The commissioner shall:
865	865	(1) provide information regarding sanctions under
866	866	this section to each educator preparation program; and
867	867	(2) provide information to at-risk educator
868	868	preparation programs about sanctions the specific program could
869	869	face, including the consequences of those sanctions, a timeline for
870	870	the program to comply with rules and meet accreditation standards,
871	871	and how to appeal a sanction under this section.
872	872	SECTION 27. Section 21.0452, Education Code, is amended to
873	873	read as follows:
874	874	Sec. 21.0452. CONSUMER INFORMATION REGARDING EDUCATOR
875	875	PREPARATION PROGRAMS. (a) To assist persons interested in
876	876	obtaining teaching certification in selecting an educator
877	877	preparation program and assist school districts in making staffing
878	878	decisions, the commissioner [board] shall make information
879	879	regarding educator programs in this state available to the public
880	880	through the agency's [board's] Internet website.
881	881	(b) The commissioner [board] shall make available at least
882	882	the following information regarding each educator preparation
883	883	program:
884	884	(1) the information specified in Sections 21.045(a)
885	885	and (b);
886	886	(2) in addition to any other appropriate information
887	887	indicating the quality of persons admitted to the program, the
888	888	average academic qualifications possessed by persons admitted to
889	889	the program, including:
890	890	(A) average overall grade point average and
891	891	average grade point average in specific subject areas; and
892	892	(B) average scores on the Scholastic Assessment
893	893	Test (SAT), the American College Test (ACT), or the Graduate Record
894	894	Examination (GRE), as applicable;
895	895	(3) the degree to which persons who complete the
896	896	program are successful in obtaining teaching positions;
897	897	(4) the extent to which the program prepares teachers,
898	898	including general education teachers and special education
899	899	teachers, to effectively teach:
900	900	(A) students with disabilities; and
901	901	(B) students of limited English proficiency, as
902	902	defined by Section 29.052;
903	903	(5) the activities offered by the program that are
904	904	designed to prepare teachers to:
905	905	(A) integrate technology effectively into
906	906	curricula and instruction, including activities consistent with
907	907	the principles of universal design for learning; and
908	908	(B) use technology effectively to collect,
909	909	manage, and analyze data to improve teaching and learning for the
910	910	purpose of increasing student academic achievement;
911	911	(6) the perseverance of beginning teachers in the
912	912	profession, as determined on the basis of the number of beginning
913	913	teachers who maintain status as active contributing members in the
914	914	Teacher Retirement System of Texas for at least three years after
915	915	certification in comparison to similar programs;
916	916	(7) the results of exit surveys given to program
917	917	participants on completion of the program that involve evaluation
918	918	of the program's effectiveness in preparing participants to succeed
919	919	in the classroom; and
920	920	(8) the results of surveys given to school principals
921	921	that involve evaluation of the program's effectiveness in preparing
922	922	participants to succeed in the classroom, based on experience with
923	923	employed program participants.
924	924	(c) For purposes of Subsection (b)(7), the commissioner
925	925	[board] shall require an educator preparation program to distribute
926	926	an exit survey that a program participant must complete before the
927	927	participant is eligible to receive a certificate under this
928	928	subchapter.
929	929	(d) For purposes of Subsections (b)(7) and (8), the
930	930	commissioner [board] shall develop surveys for distribution to
931	931	program participants and school principals.
932	932	(e) The commissioner [board] may develop procedures under
933	933	which each educator preparation program receives a designation or
934	934	ranking based on the information required to be made available
935	935	under Subsection (b). If the commissioner [board] develops
936	936	procedures under this subsection, the designation or ranking
937	937	received by each program must be included in the information made
938	938	available under this section.
939	939	(f) In addition to other information required to be made
940	940	available under this section, the commissioner [board] shall
941	941	provide information identifying employment opportunities for
942	942	teachers in the various regions of this state. The commissioner
943	943	[board] shall specifically identify each region of this state in
944	944	which a shortage of qualified teachers exists.
945	945	(g) The commissioner [board] may require any person to
946	946	provide information to the commissioner [board] for purposes of
947	947	this section.
948	948	SECTION 28. Section 21.0453, Education Code, is amended to
949	949	read as follows:
950	950	Sec. 21.0453. INFORMATION FOR CANDIDATES FOR TEACHER
951	951	CERTIFICATION. (a) The commissioner [board] shall require an
952	952	educator preparation program to provide candidates for teacher
953	953	certification with information concerning the following:
954	954	(1) skills and responsibilities required of teachers;
955	955	(2) expectations for student performance based on
956	956	state standards;
957	957	(3) the current supply of and demand for teachers in
958	958	this state;
959	959	(4) the importance of developing classroom management
960	960	skills; and
961	961	(5) the state's framework for appraisal of teachers
962	962	and principals.
963	963	(b) The commissioner [board] may adopt [propose] rules as
964	964	necessary for administration of this section, including rules to
965	965	ensure that accurate and consistent information is provided by all
966	966	educator preparation programs.
967	967	SECTION 29. Subchapter B, Chapter 21, Education Code, is
968	968	amended by adding Sections 21.0454 and 21.0455 to read as follows:
969	969	Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION
970	970	PROGRAMS; RISK-ASSESSMENT MODEL. (a) The commissioner shall
971	971	develop a set of risk factors to use in assessing the overall risk
972	972	level of each educator preparation program. The set of risk factors
973	973	must include:
974	974	(1) a history of the program's compliance with state
975	975	law and commissioner rules, standards, and procedures;
976	976	(2) the program's operational standards;
977	977	(3) whether the program meets the accountability
978	978	standards under Section 21.045; and
979	979	(4) whether the program is accredited by other
980	980	organizations.
981	981	(b) The agency shall use the set of risk factors developed
982	982	under Subsection (a) to guide the agency in conducting monitoring,
983	983	inspections, and compliance audits of educator preparation
984	984	programs, including evaluations associated with renewals under
985	985	Section 21.045(e).
986	986	Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION
987	987	PROGRAMS. (a) The commissioner shall adopt rules establishing a
988	988	process for a candidate for teacher certification to direct a
989	989	complaint against an educator preparation program to the agency.
990	990	(b) The commissioner by rule shall require an educator
991	991	preparation program to notify candidates for teacher certification
992	992	of the complaint process adopted under Subsection (a). The notice
993	993	must include the name, mailing address, telephone number, and
994	994	Internet website address of the agency for the purpose of directing
995	995	complaints to the agency. The educator preparation program shall
996	996	provide for that notification:
997	997	(1) on the Internet website of the educator
998	998	preparation program, if the program maintains a website;
999	999	(2) on a sign prominently displayed in program
1000	1000	facilities; and
1001	1001	(3) in any newsletter distributed by the educator
1002	1002	preparation program, if the program distributes a newsletter.
1003	1003	(c) The commissioner shall post the complaint process
1004	1004	adopted under Subsection (a) on the agency's Internet website.
1005	1005	(d) The agency has no authority to arbitrate or resolve
1006	1006	contractual or commercial issues between an educator preparation
1007	1007	program and a candidate for teacher certification.
1008	1008	SECTION 30. Sections 21.046(c) and (d), Education Code, are
1009	1009	amended to read as follows:
1010	1010	(c) Because an effective principal is essential to school
1011	1011	improvement, the commissioner [board] shall ensure that:
1012	1012	(1) each candidate for certification as a principal is
1013	1013	of the highest caliber; and
1014	1014	(2) multi-level screening processes, validated
1015	1015	comprehensive assessment programs, and flexible internships with
1016	1016	successful mentors exist to determine whether a candidate for
1017	1017	certification as a principal possesses the essential knowledge,
1018	1018	skills, and leadership capabilities necessary for success.
1019	1019	(d) In creating the qualifications for certification as a
1020	1020	principal, the commissioner [board] shall consider the knowledge,
1021	1021	skills, and proficiencies for principals as developed by relevant
1022	1022	national organizations and the State Board of Education.
1023	1023	SECTION 31. Sections 21.047(a) and (b), Education Code, are
1024	1024	amended to read as follows:
1025	1025	(a) The commissioner [board] may develop the process for the
1026	1026	establishment of centers for professional development through
1027	1027	institutions of higher education for the purpose of integrating
1028	1028	technology and innovative teaching practices in the preservice and
1029	1029	staff development training of public school teachers and
1030	1030	administrators. An institution of higher education with a teacher
1031	1031	education program may develop a center through a collaborative
1032	1032	process involving public schools, regional education service
1033	1033	centers, and other entities or businesses. A center may contract
1034	1034	with other entities to develop materials and provide training.
1035	1035	(b) On application by a center, the commissioner [board]
1036	1036	shall make grants to the center for its programs from funds derived
1037	1037	from gifts, grants, and legislative appropriations for that
1038	1038	purpose. The commissioner [board] shall award the grants on a
1039	1039	competitive basis according to requirements established by
1040	1040	commissioner [the board] rules.
1041	1041	SECTION 32. Section 21.048(a), Education Code, as amended
1042	1042	by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd
1043	1043	Legislature, Regular Session, 2013, is reenacted and amended to
1044	1044	read as follows:
1045	1045	(a) The commissioner [board] shall adopt [propose] rules
1046	1046	prescribing comprehensive examinations for each class of
1047	1047	certificate issued by the commissioner [board]. The commissioner
1048	1048	[board] shall determine the satisfactory level of performance
1049	1049	required for each certification examination. For the issuance of a
1050	1050	generalist certificate, the commissioner [board] shall require a
1051	1051	satisfactory level of examination performance in each core subject
1052	1052	covered by the examination.
1053	1053	SECTION 33. Sections 21.048(a-1), (b), and (c), Education
1054	1054	Code, are amended to read as follows:
1055	1055	(a-1) The commissioner [board] may not require that more
1056	1056	than 45 days elapse before a person may retake an examination.
1057	1057	(b) The commissioner [board] may not administer a written
1058	1058	examination to determine the competence or level of performance of
1059	1059	an educator who has a hearing impairment unless the examination has
1060	1060	been field tested to determine its appropriateness, reliability,
1061	1061	and validity as applied to, and minimum acceptable performance
1062	1062	scores for, persons with hearing impairments.
1063	1063	(c) An educator who has a hearing impairment is exempt from
1064	1064	taking a written examination for a period ending on the first
1065	1065	anniversary of the date on which the commissioner [board]
1066	1066	determines, on the basis of appropriate field tests, that the
1067	1067	examination complies with the standards specified in Subsection
1068	1068	(b). On application to the commissioner [board], the commissioner
1069	1069	[board] shall issue a temporary exemption certificate to a person
1070	1070	entitled to an exemption under this subsection.
1071	1071	SECTION 34. Section 21.0481, Education Code, is amended to
1072	1072	read as follows:
1073	1073	Sec. 21.0481. MASTER READING TEACHER CERTIFICATION. (a)
1074	1074	To ensure that there are teachers with special training to work with
1075	1075	other teachers and with students in order to improve student
1076	1076	reading performance, the commissioner [board] shall establish a
1077	1077	master reading teacher certificate.
1078	1078	(b) The commissioner [board] shall issue a master reading
1079	1079	teacher certificate to each eligible person.
1080	1080	(c) To be eligible for a master reading teacher certificate,
1081	1081	a person must:
1082	1082	(1) hold a reading specialist certificate issued under
1083	1083	this subchapter and satisfactorily complete a course of instruction
1084	1084	as prescribed under Subdivision (2)(B); or
1085	1085	(2) hold a teaching certificate issued under this
1086	1086	subchapter and:
1087	1087	(A) have at least three years of teaching
1088	1088	experience;
1089	1089	(B) satisfactorily complete a knowledge-based
1090	1090	and skills-based course of instruction on the science of teaching
1091	1091	children to read that includes training in:
1092	1092	(i) effective reading instruction
1093	1093	techniques, including effective techniques for students whose
1094	1094	primary language is a language other than English;
1095	1095	(ii) identification of dyslexia and related
1096	1096	reading disorders and effective reading instruction techniques for
1097	1097	students with those disorders; and
1098	1098	(iii) effective professional peer
1099	1099	mentoring techniques;
1100	1100	(C) perform satisfactorily on the master reading
1101	1101	teacher certification examination prescribed by the commissioner
1102	1102	[board]; and
1103	1103	(D) satisfy any other requirements prescribed by
1104	1104	the commissioner [board].
1105	1105	SECTION 35. Section 21.0482, Education Code, is amended to
1106	1106	read as follows:
1107	1107	Sec. 21.0482. MASTER MATHEMATICS TEACHER CERTIFICATION.
1108	1108	(a) To ensure that there are teachers with special training to work
1109	1109	with other teachers and with students in order to improve student
1110	1110	mathematics performance, the commissioner [board] shall establish:
1111	1111	(1) a master mathematics teacher certificate to teach
1112	1112	mathematics at elementary school grade levels;
1113	1113	(2) a master mathematics teacher certificate to teach
1114	1114	mathematics at middle school grade levels; and
1115	1115	(3) a master mathematics teacher certificate to teach
1116	1116	mathematics at high school grade levels.
1117	1117	(b) The commissioner [board] shall issue the appropriate
1118	1118	master mathematics teacher certificate to each eligible person.
1119	1119	(c) To be eligible for a master mathematics teacher
1120	1120	certificate, a person must:
1121	1121	(1) hold a teaching certificate issued under this
1122	1122	subchapter;
1123	1123	(2) have at least three years of teaching experience;
1124	1124	(3) satisfactorily complete a knowledge-based course
1125	1125	of instruction on the science of teaching children mathematics that
1126	1126	includes training in mathematics instruction and professional peer
1127	1127	mentoring techniques that, through scientific testing, have been
1128	1128	proven effective;
1129	1129	(4) perform satisfactorily on the appropriate master
1130	1130	mathematics teacher certification examination prescribed by the
1131	1131	commissioner [board]; and
1132	1132	(5) satisfy any other requirements prescribed by the
1133	1133	commissioner [board].
1134	1134	(d) The course of instruction prescribed under Subsection
1135	1135	(c)(3) shall be developed by the commissioner [board] in
1136	1136	consultation with mathematics and science faculty members at
1137	1137	institutions of higher education.
1138	1138	SECTION 36. Section 21.0483, Education Code, is amended to
1139	1139	read as follows:
1140	1140	Sec. 21.0483. MASTER TECHNOLOGY TEACHER CERTIFICATION. (a)
1141	1141	To ensure that there are teachers with special training to work with
1142	1142	other teachers and with students in order to increase the use of
1143	1143	technology in each classroom, the commissioner [board] shall
1144	1144	establish a master technology teacher certificate.
1145	1145	(b) The commissioner [board] shall issue a master
1146	1146	technology teacher certificate to each eligible person.
1147	1147	(c) To be eligible for a master technology teacher
1148	1148	certificate, a person must:
1149	1149	(1) hold a technology applications or Technology
1150	1150	Education certificate issued under this subchapter, satisfactorily
1151	1151	complete the course of instruction prescribed under Subdivision
1152	1152	(2)(B), and satisfactorily perform on the examination prescribed
1153	1153	under Subdivision (2)(C); or
1154	1154	(2) hold a teaching certificate issued under this
1155	1155	subchapter and:
1156	1156	(A) have at least three years of teaching
1157	1157	experience;
1158	1158	(B) satisfactorily complete a knowledge-based
1159	1159	and skills-based course of instruction on interdisciplinary
1160	1160	technology applications and the science of teaching technology that
1161	1161	includes training in:
1162	1162	(i) effective technology instruction
1163	1163	techniques, including applications designed to meet the
1164	1164	educational needs of students with disabilities;
1165	1165	(ii) classroom teaching methodology that
1166	1166	engages student learning through the integration of technology;
1167	1167	(iii) digital learning competencies,
1168	1168	including Internet research, graphics, animation, website
1169	1169	mastering, and video technologies;
1170	1170	(iv) curriculum models designed to prepare
1171	1171	teachers to facilitate an active student learning environment; and
1172	1172	(v) effective professional peer mentoring
1173	1173	techniques;
1174	1174	(C) satisfactorily perform on an examination
1175	1175	administered at the conclusion of the course of instruction
1176	1176	prescribed under Paragraph (B); and
1177	1177	(D) satisfy any other requirements prescribed by
1178	1178	the commissioner [board].
1179	1179	(d) The commissioner [board] may provide technology
1180	1180	applications training courses under Subsection (c)(2)(B) in
1181	1181	cooperation with:
1182	1182	(1) regional education service centers; and
1183	1183	(2) other public or private entities, including any
1184	1184	state council on technology.
1185	1185	SECTION 37. Section 21.0484, Education Code, is amended to
1186	1186	read as follows:
1187	1187	Sec. 21.0484. MASTER SCIENCE TEACHER CERTIFICATION. (a)
1188	1188	To ensure that there are teachers with special training to work with
1189	1189	other teachers and with students in order to improve student
1190	1190	science performance, the commissioner [board] shall establish:
1191	1191	(1) a master science teacher certificate to teach
1192	1192	science at elementary school grade levels;
1193	1193	(2) a master science teacher certificate to teach
1194	1194	science at middle school grade levels; and
1195	1195	(3) a master science teacher certificate to teach
1196	1196	science at high school grade levels.
1197	1197	(b) The commissioner [board] shall issue the appropriate
1198	1198	master science teacher certificate to each eligible person.
1199	1199	(c) To be eligible for a master science teacher certificate,
1200	1200	a person must:
1201	1201	(1) hold a teaching certificate issued under this
1202	1202	subchapter;
1203	1203	(2) have at least three years of teaching experience;
1204	1204	(3) satisfactorily complete a knowledge-based course
1205	1205	of instruction on the science of teaching children science that
1206	1206	includes training in science instruction and professional peer
1207	1207	mentoring techniques that, through scientific testing, have been
1208	1208	proven effective;
1209	1209	(4) perform satisfactorily on the appropriate master
1210	1210	science teacher certification examination prescribed by the
1211	1211	commissioner [board]; and
1212	1212	(5) satisfy any other requirements prescribed by the
1213	1213	commissioner [board].
1214	1214	(d) The course of instruction prescribed under Subsection
1215	1215	(c)(3) shall be developed by the commissioner [board] in
1216	1216	consultation with science faculty members at institutions of higher
1217	1217	education.
1218	1218	SECTION 38. Section 21.0485(a), Education Code, is amended
1219	1219	to read as follows:
1220	1220	(a) To be eligible to be issued a certificate to teach
1221	1221	students with visual impairments, a person must:
1222	1222	(1) complete either:
1223	1223	(A) all course work required for that
1224	1224	certification in an approved educator preparation program; or
1225	1225	(B) an alternative educator certification
1226	1226	program approved for the purpose by the commissioner [board];
1227	1227	(2) perform satisfactorily on each examination
1228	1228	prescribed under Section 21.048 for certification to teach students
1229	1229	with visual impairments, after completing the course work or
1230	1230	program described by Subdivision (1); and
1231	1231	(3) satisfy any other requirements prescribed by the
1232	1232	commissioner [board].
1233	1233	SECTION 39. Section 21.049, Education Code, is amended to
1234	1234	read as follows:
1235	1235	Sec. 21.049. ALTERNATIVE CERTIFICATION. (a) To provide a
1236	1236	continuing additional source of qualified educators, the
1237	1237	commissioner [board] shall adopt [propose] rules providing for
1238	1238	educator certification programs as an alternative to traditional
1239	1239	educator preparation programs. The rules may not provide that a
1240	1240	person may be certified under this section only if there is a
1241	1241	demonstrated shortage of educators in a school district or subject
1242	1242	area.
1243	1243	(b) The commissioner [board] may not require a person
1244	1244	employed as a teacher in an alternative education program under
1245	1245	Section 37.008 or a juvenile justice alternative education program
1246	1246	under Section 37.011 for at least three years to complete an
1247	1247	alternative educator certification program adopted under this
1248	1248	section before taking the appropriate certification examination.
1249	1249	SECTION 40. Sections 21.050(a) and (b), Education Code, are
1250	1250	amended to read as follows:
1251	1251	(a) A person who applies for a teaching certificate for
1252	1252	which commissioner [board] rules require a bachelor's degree must
1253	1253	possess a bachelor's degree received with an academic major or
1254	1254	interdisciplinary academic major, including reading, other than
1255	1255	education, that is related to the curriculum as prescribed under
1256	1256	Subchapter A, Chapter 28.
1257	1257	(b) The commissioner [board] may not require more than 18
1258	1258	semester credit hours of education courses at the baccalaureate
1259	1259	level for the granting of a teaching certificate. The commissioner
1260	1260	[board] shall provide for a minimum number of semester credit hours
1261	1261	of internship to be included in the hours needed for certification.
1262	1262	The commissioner [board] may adopt [propose] rules requiring
1263	1263	additional credit hours for certification in bilingual education,
1264	1264	English as a second language, early childhood education, or special
1265	1265	education.
1266	1266	SECTION 41. Sections 21.051(c), (d), (e), and (f),
1267	1267	Education Code, are amended to read as follows:
1268	1268	(c) Subsection (b) applies only to an initial certification
1269	1269	issued on or after September 1, 2012. Subsection (b) does not
1270	1270	affect:
1271	1271	(1) the validity of a certification issued before
1272	1272	September 1, 2012; or
1273	1273	(2) the eligibility of a person who holds a
1274	1274	certification issued before September 1, 2012, to obtain a
1275	1275	subsequent renewal of the certification in accordance with
1276	1276	commissioner [board] rule.
1277	1277	(d) Subsection (b) does not affect the period within which
1278	1278	an individual must complete field-based experience hours as
1279	1279	determined by commissioner [board] rule if the individual is not
1280	1280	accepted into an educator preparation program before the deadline
1281	1281	prescribed by commissioner [board] rule and is hired for a teaching
1282	1282	assignment by a school district after the deadline prescribed by
1283	1283	commissioner [board] rule.
1284	1284	(e) The commissioner [board] shall adopt [propose] rules
1285	1285	relating to the field-based experience required by Subsection (b),
1286	1286	including rules establishing [. The commissioner by rule shall
1287	1287	adopt] procedures and standards for recognizing a private school
1288	1288	under Subsection (b)(2).
1289	1289	(f) The commissioner [board] shall adopt [propose] rules
1290	1290	providing flexible options for persons for any field-based
1291	1291	experience or internship required for certification.
1292	1292	SECTION 42. Sections 21.052(a), (c), (d), (e), (f), and
1293	1293	(h), Education Code, are amended to read as follows:
1294	1294	(a) The commissioner [board] may issue a certificate to an
1295	1295	educator who applies for a certificate and:
1296	1296	(1) holds:
1297	1297	(A) a degree issued by an institution accredited
1298	1298	by a regional accrediting agency or group that is recognized by a
1299	1299	nationally recognized accreditation board; or
1300	1300	(B) a degree issued by an institution located in
1301	1301	a foreign country, if the degree is equivalent to a degree described
1302	1302	by Paragraph (A);
1303	1303	(2) holds an appropriate certificate or other
1304	1304	credential issued by another state or country; and
1305	1305	(3) performs satisfactorily on:
1306	1306	(A) the examination prescribed under Section
1307	1307	21.048; or
1308	1308	(B) if the educator holds a certificate or other
1309	1309	credential issued by another state or country, an examination
1310	1310	similar to and at least as rigorous as that described by Paragraph
1311	1311	(A) administered to the educator under the authority of that state.
1312	1312	(c) The commissioner [board] may issue a temporary
1313	1313	certificate under this section to an educator who holds a degree
1314	1314	required by Subsection (a)(1) and a certificate or other credential
1315	1315	required by Subsection (a)(2) but who has not satisfied the
1316	1316	requirements prescribed by Subsection (a)(3). Subject to
1317	1317	Subsection (d), the commissioner [board] may specify the term of a
1318	1318	temporary certificate issued under this subsection.
1319	1319	(d) A temporary certificate issued under Subsection (c) to
1320	1320	an educator employed by a school district that has constructed or
1321	1321	expanded at least one instructional facility as a result of
1322	1322	increased student enrollment due to actions taken under the Defense
1323	1323	Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687)
1324	1324	may not expire before the first anniversary of the date on which the
1325	1325	commissioner [board] completes the review of the educator's
1326	1326	credentials and informs the educator of the examination or
1327	1327	examinations under Section 21.048 on which the educator must
1328	1328	perform successfully to receive a standard certificate.
1329	1329	(e) An educator who has submitted all documents required by
1330	1330	the commissioner [board] for certification and who receives a
1331	1331	certificate as provided by Subsection (a) must perform
1332	1332	satisfactorily on the examination prescribed under Section 21.048
1333	1333	not later than the first anniversary of the date the commissioner
1334	1334	[board] completes the review of the educator's credentials and
1335	1335	informs the educator of the examination or examinations under
1336	1336	Section 21.048 on which the educator must perform successfully to
1337	1337	receive a standard certificate.
1338	1338	(f) The commissioner [board] shall post on the
1339	1339	commissioner's [board's] Internet website the procedures for
1340	1340	obtaining a certificate under Subsection (a).
1341	1341	(h) This subsection applies only to an applicant who holds a
1342	1342	certificate or other credential issued by another state in
1343	1343	mathematics, science, special education, or bilingual education,
1344	1344	or another subject area that the commissioner determines has a
1345	1345	shortage of teachers. In any state fiscal year, the commissioner
1346	1346	[board] shall accept or reject, not later than the 14th day after
1347	1347	the date the commissioner [board] receives the completed
1348	1348	application, at least 90 percent of the applications the
1349	1349	commissioner [board] receives for a certificate under this
1350	1350	subsection, and shall accept or reject all completed applications
1351	1351	the commissioner [board] receives under this subsection not later
1352	1352	than the 30th day after the date the commissioner [board] receives
1353	1353	the completed application. An applicant under this subsection must
1354	1354	submit:
1355	1355	(1) a letter of good standing from the state in which
1356	1356	the teacher is certified on a form determined by the commissioner
1357	1357	[board];
1358	1358	(2) information necessary to complete a national
1359	1359	criminal history record information review; and
1360	1360	(3) an application fee as required by the commissioner
1361	1361	[board].
1362	1362	SECTION 43. Section 21.054(a), Education Code, is amended
1363	1363	to read as follows:
1364	1364	(a) The commissioner [board] shall adopt [propose] rules
1365	1365	establishing a process for identifying continuing education
1366	1366	courses and programs that fulfill educators' continuing education
1367	1367	requirements.
1368	1368	SECTION 44. Section 21.054(d), Education Code, as added by
1369	1369	Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular
1370	1370	Session, 2013, is redesignated as Section 21.054(g), Education
1371	1371	Code, and amended to read as follows:
1372	1372	(g) [(d)] The commissioner [board] shall adopt rules that
1373	1373	allow an educator to fulfill up to 12 hours of continuing education
1374	1374	by participating in a mental health first aid training program
1375	1375	offered by a local mental health authority under Section 1001.203,
1376	1376	Health and Safety Code. The number of hours of continuing
1377	1377	education an educator may fulfill under this subsection may not
1378	1378	exceed the number of hours the educator actually spends
1379	1379	participating in a mental health first aid training program.
1380	1380	SECTION 45. Section 21.055(a), Education Code, is amended
1381	1381	to read as follows:
1382	1382	(a) As provided by this section, a school district may issue
1383	1383	a school district teaching permit and employ as a teacher a person
1384	1384	who does not hold a teaching certificate issued by the commissioner
1385	1385	[board].
1386	1386	SECTION 46. Section 21.056, Education Code, is amended to
1387	1387	read as follows:
1388	1388	Sec. 21.056. ADDITIONAL CERTIFICATION. The commissioner
1389	1389	[board] by rule shall provide for a certified educator to qualify
1390	1390	for additional certification to teach at a grade level or in a
1391	1391	subject area not covered by the educator's certificate upon
1392	1392	satisfactory completion of an examination or other assessment of
1393	1393	the educator's qualification.
1394	1394	SECTION 47. Section 21.057(d), Education Code, is amended
1395	1395	to read as follows:
1396	1396	(d) For purposes of this section, "inappropriately
1397	1397	certified or uncertified teacher":
1398	1398	(1) includes:
1399	1399	(A) an individual serving on an emergency
1400	1400	certificate issued under Section 21.041(b)(2); or
1401	1401	(B) an individual who does not hold any
1402	1402	certificate or permit issued under this chapter and is not employed
1403	1403	as specified by Subdivision (2)(E); and
1404	1404	(2) does not include an individual:
1405	1405	(A) who is a certified teacher assigned to teach
1406	1406	a class or classes outside his or her area of certification, as
1407	1407	determined by rules adopted [proposed] by the commissioner [board]
1408	1408	in specifying the certificate required for each assignment;
1409	1409	(B) serving on a certificate issued due to a
1410	1410	hearing impairment under Section 21.048;
1411	1411	(C) serving on a certificate issued pursuant to
1412	1412	enrollment in an approved alternative certification program under
1413	1413	Section 21.049;
1414	1414	(D) certified by another state or country and
1415	1415	serving on a certificate issued under Section 21.052;
1416	1416	(E) serving on a school district teaching permit
1417	1417	issued under Section 21.055; or
1418	1418	(F) employed under a waiver granted by the
1419	1419	commissioner pursuant to Section 7.056.
1420	1420	SECTION 48. Sections 21.058(b) and (d), Education Code, are
1421	1421	amended to read as follows:
1422	1422	(b) Notwithstanding Section 21.041(b)(7), not later than
1423	1423	the fifth day after the date the commissioner [board] receives
1424	1424	notice under Article 42.018, Code of Criminal Procedure, of the
1425	1425	conviction of a person who holds a certificate under this
1426	1426	subchapter, the commissioner [board] shall:
1427	1427	(1) revoke the certificate held by the person; and
1428	1428	(2) provide to the person and to any school district or
1429	1429	open-enrollment charter school employing the person at the time of
1430	1430	revocation written notice of:
1431	1431	(A) the revocation; and
1432	1432	(B) the basis for the revocation.
1433	1433	(d) A person whose certificate is revoked under Subsection
1434	1434	(b) may reapply for a certificate in accordance with commissioner
1435	1435	[board] rules.
1436	1436	SECTION 49. Section 21.060, Education Code, is amended to
1437	1437	read as follows:
1438	1438	Sec. 21.060. ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN
1439	1439	OFFENSES. The commissioner [board] may suspend or revoke the
1440	1440	certificate or permit held by a person under this subchapter,
1441	1441	impose other sanctions against the person, or refuse to issue a
1442	1442	certificate or permit to a person under this subchapter if the
1443	1443	person has been convicted of a felony or misdemeanor offense
1444	1444	relating to the duties and responsibilities of the education
1445	1445	profession, including:
1446	1446	(1) an offense involving moral turpitude;
1447	1447	(2) an offense involving a form of sexual or physical
1448	1448	abuse of a minor or student or other illegal conduct in which the
1449	1449	victim is a minor or student;
1450	1450	(3) a felony offense involving the possession,
1451	1451	transfer, sale, or distribution of or conspiracy to possess,
1452	1452	transfer, sell, or distribute a controlled substance, as defined by
1453	1453	Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
1454	1454	seq.;
1455	1455	(4) an offense involving the illegal transfer,
1456	1456	appropriation, or use of school district funds or other district
1457	1457	property; or
1458	1458	(5) an offense involving an attempt by fraudulent or
1459	1459	unauthorized means to obtain or alter a professional certificate or
1460	1460	license issued under this subchapter.
1461	1461	SECTION 50. Section 21.061, Education Code, is amended to
1462	1462	read as follows:
1463	1463	Sec. 21.061. REVIEW AND UPDATING OF EDUCATOR PREPARATION
1464	1464	PROGRAMS. The commissioner [board] shall, after consulting with
1465	1465	appropriate higher education faculty and public school teachers and
1466	1466	administrators and soliciting advice from other interested persons
1467	1467	with relevant knowledge and experience, develop and carry out a
1468	1468	process for reviewing and, as necessary, updating standards and
1469	1469	requirements for educator preparation programs.
1470	1470	SECTION 51. Subchapter B, Chapter 21, Education Code, is
1471	1471	amended by adding Sections 21.062 and 21.063 to read as follows:
1472	1472	Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an
1473	1473	investigation by the commissioner of an educator for an alleged
1474	1474	incident of misconduct, the commissioner may issue a subpoena to
1475	1475	compel the production, for inspection or copying, of relevant
1476	1476	evidence that is located in this state.
1477	1477	(b) A subpoena may be served personally or by certified
1478	1478	mail.
1479	1479	(c) If a person fails to comply with a subpoena, the
1480	1480	commissioner, acting through the attorney general, may file suit to
1481	1481	enforce the subpoena in a district court in this state. On finding
1482	1482	that good cause exists for issuing the subpoena, the court shall
1483	1483	order the person to comply with the subpoena. The court may punish
1484	1484	a person who fails to obey the court order.
1485	1485	(d) All information and materials subpoenaed or compiled in
1486	1486	connection with an investigation described by Subsection (a) are
1487	1487	confidential and not subject to disclosure under Chapter 552,
1488	1488	Government Code.
1489	1489	(e) Except as provided by a protective order, and
1490	1490	notwithstanding Subsection (d), all information and materials
1491	1491	subpoenaed or compiled in connection with an investigation
1492	1492	described by Subsection (a) may be used in a disciplinary
1493	1493	proceeding against an educator based on an alleged incident of
1494	1494	misconduct.
1495	1495	Sec. 21.063. DISCIPLINARY MATRIX. (a) The commissioner
1496	1496	shall create a matrix to provide guidelines for ensuring the fair
1497	1497	and consistent application of disciplinary sanctions for educators
1498	1498	certified under this chapter who commit violations of this chapter
1499	1499	or a rule adopted under this chapter. In developing the matrix, the
1500	1500	commissioner shall consider the range of appropriate sanctions
1501	1501	available for a violation based on:
1502	1502	(1) the severity of the violation;
1503	1503	(2) the number of repeat violations;
1504	1504	(3) whether the sanction serves as a deterrent to
1505	1505	subsequent violations; and
1506	1506	(4) any aggravating or mitigating factors.
1507	1507	(b) The matrix developed under Subsection (a) does not
1508	1508	prevent the commissioner from exercising discretion based on the
1509	1509	specific circumstances of an individual case.
1510	1510	(c) In developing the matrix under Subsection (a), the
1511	1511	commissioner shall provide for public comment.
1512	1512	(d) The commissioner shall make the matrix developed under
1513	1513	Subsection (a) available to the public through posting the matrix
1514	1514	on the agency's Internet website and through other appropriate
1515	1515	means.
1516	1516	SECTION 52. Section 21.105(c), Education Code, is amended
1517	1517	to read as follows:
1518	1518	(c) On written complaint by the employing district, the
1519	1519	commissioner [State Board for Educator Certification] may impose
1520	1520	sanctions against a teacher employed under a probationary contract
1521	1521	who:
1522	1522	(1) resigns;
1523	1523	(2) fails without good cause to comply with Subsection
1524	1524	(a) or (b); and
1525	1525	(3) fails to perform the contract.
1526	1526	SECTION 53. Section 21.160(c), Education Code, is amended
1527	1527	to read as follows:
1528	1528	(c) On written complaint by the employing district, the
1529	1529	commissioner [State Board for Educator Certification] may impose
1530	1530	sanctions against a teacher who is employed under a continuing
1531	1531	contract that obligates the district to employ the person for the
1532	1532	following school year and who:
1533	1533	(1) resigns;
1534	1534	(2) fails without good cause to comply with Subsection
1535	1535	(a) or (b); and
1536	1536	(3) fails to perform the contract.
1537	1537	SECTION 54. Section 21.210(c), Education Code, is amended
1538	1538	to read as follows:
1539	1539	(c) On written complaint by the employing district, the
1540	1540	commissioner [State Board for Educator Certification] may impose
1541	1541	sanctions against a teacher who is employed under a term contract
1542	1542	that obligates the district to employ the person for the following
1543	1543	school year and who:
1544	1544	(1) resigns;
1545	1545	(2) fails without good cause to comply with Subsection
1546	1546	(a) or (b); and
1547	1547	(3) fails to perform the contract.
1548	1548	SECTION 55. Section 21.253(a), Education Code, is amended
1549	1549	to read as follows:
1550	1550	(a) A teacher must file a written request for a hearing
1551	1551	under this subchapter with the district [commissioner] not later
1552	1552	than the 15th day after the date the teacher receives written notice
1553	1553	of the proposed action. [The teacher must provide the district with
1554	1554	a copy of the request and must provide the commissioner with a copy
1555	1555	of the notice.]
1556	1556	SECTION 56. Sections 21.254(b) and (e), Education Code, are
1557	1557	amended to read as follows:
1558	1558	(b) If a hearing examiner is not selected by the parties to a
1559	1559	pending case under Subsection (e), the [The] commissioner shall
1560	1560	immediately assign the hearing examiner for a particular case by
1561	1561	selecting the next person named on the list who resides within
1562	1562	reasonable proximity to the district as determined by the
1563	1563	commissioner. The commissioner may not change the order of names
1564	1564	once the order is established under this section, except that once
1565	1565	each hearing examiner on the list has been assigned to a case, the
1566	1566	names shall be randomly reordered. When a hearing examiner has been
1567	1567	assigned to a case, the commissioner shall immediately notify the
1568	1568	parties. An assignment under this section is final.
1569	1569	(e) After the teacher receives the notice of the proposed
1570	1570	action, the parties by agreement may select a hearing examiner from
1571	1571	the list maintained by the commissioner under Subsection (a) or a
1572	1572	person who is not certified to serve as a hearing examiner. A
1573	1573	person who is not a certified hearing examiner may be selected only
1574	1574	if the person is licensed to practice law in this state. If the
1575	1575	parties do not agree on a hearing examiner, the parties shall
1576	1576	request an assignment from [, before the date the commissioner is
1577	1577	permitted to assign a hearing examiner, notify] the commissioner
1578	1578	under Subsection (b) not later than the 25th calendar day after the
1579	1579	date the teacher receives the notice of the proposed action [in
1580	1580	writing of the agreement, including the name of the hearing
1581	1581	examiner selected].
1582	1582	SECTION 57. Section 21.255(d), Education Code, is amended
1583	1583	to read as follows:
1584	1584	(d) If the hearing examiner is unable to continue presiding
1585	1585	over a case at any time before issuing a recommendation or decision,
1586	1586	the parties shall select by agreement or request the assignment of
1587	1587	another hearing examiner under Section 21.254 who, after a review
1588	1588	of the record, shall perform any remaining functions without the
1589	1589	necessity of repeating any previous proceedings.
1590	1590	SECTION 58. Section 21.4021(g), Education Code, is amended
1591	1591	to read as follows:
1592	1592	(g) If a board of trustees adopts a furlough program after
1593	1593	the date by which a teacher must give notice of resignation under
1594	1594	Section 21.105, 21.160, or 21.210, as applicable, a teacher who
1595	1595	subsequently resigns is not subject to sanctions imposed by the
1596	1596	commissioner [State Board for Educator Certification] as otherwise
1597	1597	authorized by those sections.
1598	1598	SECTION 59. Section 21.503, Education Code, is amended to
1599	1599	read as follows:
1600	1600	Sec. 21.503. ELIGIBILITY. A person is eligible for the
1601	1601	program if the person:
1602	1602	(1) has served in the armed forces of the United
1603	1603	States;
1604	1604	(2) is honorably discharged, retired, or released from
1605	1605	active duty on or after October 1, 1990, after at least six years of
1606	1606	continuous active duty service immediately before the discharge,
1607	1607	retirement, or release;
1608	1608	(3) has received a baccalaureate or advanced degree
1609	1609	from a public or private institution of higher education accredited
1610	1610	by a regional accrediting agency or group that is recognized by a
1611	1611	nationally recognized accreditation board; and
1612	1612	(4) satisfies any other criteria for selection
1613	1613	[jointly] prescribed by the agency [and the State Board for
1614	1614	Educator Certification].
1615	1615	SECTION 60. Section 21.504(b), Education Code, is amended
1616	1616	to read as follows:
1617	1617	(b) The agency [and the State Board for Educator
1618	1618	Certification] shall distribute the applications and information
1619	1619	regarding the program.
1620	1620	SECTION 61. Section 21.510(c), Education Code, is amended
1621	1621	to read as follows:
1622	1622	(c) For purposes of this section, a participant in the
1623	1623	program is not considered to be in violation of an agreement under
1624	1624	Section 21.508 during any period in which the participant:
1625	1625	(1) is pursuing a full-time course of study related to
1626	1626	the field of teaching at a public or private institution of higher
1627	1627	education approved by the commissioner [State Board for Educator
1628	1628	Certification];
1629	1629	(2) is serving on active duty as a member of the armed
1630	1630	forces of the United States;
1631	1631	(3) is temporarily totally disabled for a period not
1632	1632	to exceed three years as established by sworn affidavit of a
1633	1633	qualified physician;
1634	1634	(4) is unable to secure employment for a period not to
1635	1635	exceed one year because of care required by a disabled spouse;
1636	1636	(5) is seeking and unable to find full-time employment
1637	1637	as a teacher in a public elementary or secondary school for a single
1638	1638	period not to exceed 27 months; or
1639	1639	(6) satisfies the provisions of any additional
1640	1640	reimbursement exception adopted by the agency.
1641	1641	SECTION 62. Sections 21.551 and 21.553, Education Code, are
1642	1642	amended to read as follows:
1643	1643	Sec. 21.551. PURPOSES. The purposes of the alternative
1644	1644	certification Teach for Texas Pilot Program are to:
1645	1645	(1) attract to the teaching profession persons who
1646	1646	have expressed interest in teaching and to support the
1647	1647	certification of those persons as teachers;
1648	1648	(2) recognize the importance of the certification
1649	1649	process [governed by the State Board for Educator Certification]
1650	1650	under Subchapter B, which requires verification of competence in
1651	1651	subject area and professional knowledge and skills;
1652	1652	(3) encourage the creation and expansion of educator
1653	1653	preparation programs that recognize the knowledge and skills gained
1654	1654	through previous educational and work-related experiences and that
1655	1655	are delivered in a manner that recognizes individual circumstances,
1656	1656	including the need to remain employed full-time while enrolled in
1657	1657	the Teach for Texas Pilot Program; and
1658	1658	(4) provide annual stipends to postbaccalaureate
1659	1659	teacher certification candidates.
1660	1660	Sec. 21.553. FINANCIAL INCENTIVES. (a) The pilot program
1661	1661	must offer to participants financial incentives, including tuition
1662	1662	assistance and loan forgiveness. In offering a financial
1663	1663	incentive, the commissioner [State Board for Educator
1664	1664	Certification] shall:
1665	1665	(1) require a contract between each participant who
1666	1666	accepts a financial incentive and the commissioner [State Board for
1667	1667	Educator Certification] under which the participant is obligated to
1668	1668	teach in a public school in this state for a stated period after
1669	1669	certification;
1670	1670	(2) provide financial incentives in proportion to the
1671	1671	length of the period the participant is obligated by contract to
1672	1672	teach after certification; and
1673	1673	(3) give special financial incentives to a participant
1674	1674	who agrees in the contract to teach in an underserved area.
1675	1675	(b) Financial incentives may be paid only from funds
1676	1676	appropriated specifically for that purpose and from gifts, grants,
1677	1677	and donations solicited or accepted by the commissioner [State
1678	1678	Board for Educator Certification] for that purpose.
1679	1679	(c) The commissioner [State Board for Educator
1680	1680	Certification] shall adopt [propose] rules establishing criteria
1681	1681	for awarding financial incentives under this section, including
1682	1682	criteria for awarding financial incentives if there are more
1683	1683	participants than funds available to provide the financial
1684	1684	incentives.
1685	1685	SECTION 63. Section 21.604(b), Education Code, is amended
1686	1686	to read as follows:
1687	1687	(b) The agency [and the State Board for Educator
1688	1688	Certification] shall distribute the applications and information
1689	1689	regarding the program.
1690	1690	SECTION 64. Section 21.609(c), Education Code, is amended
1691	1691	to read as follows:
1692	1692	(c) For purposes of this section, a participant in the
1693	1693	program is not considered to be in violation of an agreement under
1694	1694	Section 21.607 during any period in which the participant:
1695	1695	(1) is pursuing a full-time course of study related to
1696	1696	the field of teaching at an institution of higher education
1697	1697	approved by the commissioner [State Board for Educator
1698	1698	Certification];
1699	1699	(2) is serving on active duty as a member of the armed
1700	1700	forces of the United States;
1701	1701	(3) is temporarily totally disabled for a period not
1702	1702	to exceed three years as established by affidavit of a qualified
1703	1703	physician;
1704	1704	(4) is unable to secure employment for a period not to
1705	1705	exceed one year because of care required by a disabled spouse;
1706	1706	(5) is seeking and unable to find full-time employment
1707	1707	as a teacher in a public elementary or secondary school for a single
1708	1708	period not to exceed 27 months; or
1709	1709	(6) satisfies the provisions of any additional
1710	1710	reimbursement exception adopted by the agency.
1711	1711	SECTION 65. Section 22.0512(b), Education Code, is amended
1712	1712	to read as follows:
1713	1713	(b) In this section, "disciplinary proceeding" means:
1714	1714	(1) an action brought by the school district employing
1715	1715	a professional employee of a school district to discharge or
1716	1716	suspend the employee or terminate or not renew the employee's term
1717	1717	contract; or
1718	1718	(2) an action brought by the commissioner [State Board
1719	1719	for Educator Certification] to enforce the educator's code of
1720	1720	ethics adopted under Section 21.041(b)(8).
1721	1721	SECTION 66. Section 22.082, Education Code, is amended to
1722	1722	read as follows:
1723	1723	Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY
1724	1724	COMMISSIONER [STATE BOARD FOR EDUCATOR CERTIFICATION]. The
1725	1725	commissioner [State Board for Educator Certification] shall
1726	1726	subscribe to the criminal history clearinghouse as provided by
1727	1727	Section 411.0845, Government Code, and may obtain from any law
1728	1728	enforcement or criminal justice agency all criminal history record
1729	1729	information and all records contained in any closed criminal
1730	1730	investigation file that relate to a specific applicant for or
1731	1731	holder of a certificate issued under Subchapter B, Chapter 21.
1732	1732	SECTION 67. Sections 22.0831(c), (d), (e), and (f),
1733	1733	Education Code, are amended to read as follows:
1734	1734	(c) The commissioner [board] shall review the national
1735	1735	criminal history record information of a person who has not
1736	1736	previously submitted fingerprints to the department or been subject
1737	1737	to a national criminal history record information review.
1738	1738	(d) The commissioner [board] shall place an educator's
1739	1739	certificate on inactive status for failure to comply with a
1740	1740	deadline for submitting information required under this section.
1741	1741	(e) The commissioner [board] may allow a person who is
1742	1742	applying for a certificate under Subchapter B, Chapter 21, and who
1743	1743	currently resides in another state to submit the person's
1744	1744	fingerprints and other required information in a manner that does
1745	1745	not impose an undue hardship on the person.
1746	1746	(f) The commissioner [board] may adopt [propose] rules to
1747	1747	implement this section, including rules establishing:
1748	1748	(1) deadlines for a person to submit fingerprints and
1749	1749	photographs in compliance with this section; and
1750	1750	(2) sanctions for a person's failure to comply with the
1751	1751	requirements of this section, including suspension or revocation of
1752	1752	a certificate or refusal to issue a certificate.
1753	1753	SECTION 68. Section 22.0832(a), Education Code, is amended
1754	1754	to read as follows:
1755	1755	(a) The agency shall review the national criminal history
1756	1756	record information of an employee of an open-enrollment charter
1757	1757	school to whom Section 12.1059 applies in the same manner as the
1758	1758	commissioner [State Board for Educator Certification] reviews
1759	1759	certified educators under Section 22.0831. If the agency
1760	1760	determines that, based on information contained in an employee's
1761	1761	criminal history record information, the employee would not be
1762	1762	eligible for educator certification under Subchapter B, Chapter 21,
1763	1763	the agency shall notify the open-enrollment charter school in
1764	1764	writing that the person may not be employed by the school or serve
1765	1765	in a capacity described by Section 12.1059.
1766	1766	SECTION 69. Section 22.0833(h), Education Code, is amended
1767	1767	to read as follows:
1768	1768	(h) The agency, [the State Board for Educator
1769	1769	Certification,] school districts, open-enrollment charter schools,
1770	1770	and shared services arrangements may coordinate as necessary to
1771	1771	ensure that criminal history reviews authorized or required under
1772	1772	this subchapter are not unnecessarily duplicated.
1773	1773	SECTION 70. Sections 22.085(d) and (e), Education Code, are
1774	1774	amended to read as follows:
1775	1775	(d) A school district, open-enrollment charter school,
1776	1776	private school, regional education service center, or shared
1777	1777	services arrangement may discharge an employee if the district or
1778	1778	school obtains information of the employee's conviction of a felony
1779	1779	or of a misdemeanor involving moral turpitude that the employee did
1780	1780	not disclose to the commissioner [State Board for Educator
1781	1781	Certification] or the district, school, service center, or shared
1782	1782	services arrangement. An employee discharged under this section is
1783	1783	considered to have been discharged for misconduct for purposes of
1784	1784	Section 207.044, Labor Code. For purposes of this subsection, a
1785	1785	disclosure to the State Board for Educator Certification before
1786	1786	September 1, 2015, is considered a disclosure to the commissioner.
1787	1787	(e) The commissioner [State Board for Educator
1788	1788	Certification] may impose a sanction on an educator who does not
1789	1789	discharge an employee or refuse to hire an applicant if the educator
1790	1790	knows or should have known, through a criminal history record
1791	1791	information review, that the employee or applicant has been
1792	1792	convicted of an offense described by Subsection (a).
1793	1793	SECTION 71. Sections 22.086 and 22.087, Education Code, are
1794	1794	amended to read as follows:
1795	1795	Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The
1796	1796	commissioner [State Board for Educator Certification], a school
1797	1797	district, an open-enrollment charter school, a private school, a
1798	1798	regional education service center, a shared services arrangement,
1799	1799	or an employee of the agency [board], district, school, service
1800	1800	center, or shared services arrangement is not civilly or criminally
1801	1801	liable for making a report required under this subchapter.
1802	1802	Sec. 22.087. NOTIFICATION TO COMMISSIONER [STATE BOARD FOR
1803	1803	EDUCATOR CERTIFICATION]. The superintendent of a school district
1804	1804	or the director of an open-enrollment charter school, private
1805	1805	school, regional education service center, or shared services
1806	1806	arrangement shall promptly notify the commissioner [State Board for
1807	1807	Educator Certification] in writing if the person obtains or has
1808	1808	knowledge of information showing that an applicant for or holder of
1809	1809	a certificate issued under Subchapter B, Chapter 21, has a reported
1810	1810	criminal history.
1811	1811	SECTION 72. Section 25.001(b), Education Code, is amended
1812	1812	to read as follows:
1813	1813	(b) The board of trustees of a school district or its
1814	1814	designee shall admit into the public schools of the district free of
1815	1815	tuition a person who is over five and younger than 21 years of age on
1816	1816	the first day of September of the school year in which admission is
1817	1817	sought, and may admit a person who is at least 21 years of age and
1818	1818	under 26 years of age for the purpose of completing the requirements
1819	1819	for a high school diploma, if:
1820	1820	(1) the person and either parent of the person reside
1821	1821	in the school district;
1822	1822	(2) the person does not reside in the school district
1823	1823	but a parent of the person resides in the school district and that
1824	1824	parent is a joint managing conservator or the sole managing
1825	1825	conservator or possessory conservator of the person;
1826	1826	(3) the person and the person's guardian or other
1827	1827	person having lawful control of the person under a court order
1828	1828	reside within the school district;
1829	1829	(4) the person has established a separate residence
1830	1830	under Subsection (d);
1831	1831	(5) the person is homeless, as defined by 42 U.S.C.
1832	1832	Section 11302, regardless of the residence of the person, of either
1833	1833	parent of the person, or of the person's guardian or other person
1834	1834	having lawful control of the person;
1835	1835	(6) the person is a foreign exchange student placed
1836	1836	with a host family that resides in the school district by a
1837	1837	nationally recognized foreign exchange program[, unless the school
1838	1838	district has applied for and been granted a waiver by the
1839	1839	commissioner under Subsection (e)];
1840	1840	(7) the person resides at a residential facility
1841	1841	located in the district;
1842	1842	(8) the person resides in the school district and is 18
1843	1843	years of age or older or the person's disabilities of minority have
1844	1844	been removed; or
1845	1845	(9) the person does not reside in the school district
1846	1846	but the grandparent of the person:
1847	1847	(A) resides in the school district; and
1848	1848	(B) provides a substantial amount of
1849	1849	after-school care for the person as determined by the board.
1850	1850	SECTION 73. Section 25.008(b), Education Code, is amended
1851	1851	to read as follows:
1852	1852	(b) Subsection (a) does not apply to enrollment in a program
1853	1853	under Section 29.088 or [,] 29.090[, or 29.098] or in a similar
1854	1854	intensive program.
1855	1855	SECTION 74. Section 29.007, Education Code, is amended to
1856	1856	read as follows:
1857	1857	Sec. 29.007. SHARED SERVICES ARRANGEMENTS. School
1858	1858	districts may enter into a written contract to jointly operate
1859	1859	their special education programs. [The contract must be approved
1860	1860	by the commissioner.] Funds to which the cooperating districts are
1861	1861	entitled may be allocated to the districts jointly as shared
1862	1862	services arrangement units or shared services arrangement funds in
1863	1863	accordance with the shared services arrangement districts'
1864	1864	agreement.
1865	1865	SECTION 75. Sections 29.061(a), (b), (c), and (e),
1866	1866	Education Code, are amended to read as follows:
1867	1867	(a) The commissioner [State Board for Educator
1868	1868	Certification] shall provide for the issuance of teaching
1869	1869	certificates appropriate for bilingual education instruction to
1870	1870	teachers who possess a speaking, reading, and writing ability in a
1871	1871	language other than English in which bilingual education programs
1872	1872	are offered and who meet the general requirements of Chapter 21.
1873	1873	The commissioner [board] shall also provide for the issuance of
1874	1874	teaching certificates appropriate for teaching English as a second
1875	1875	language. The commissioner [board] may issue emergency
1876	1876	endorsements in bilingual education and in teaching English as a
1877	1877	second language.
1878	1878	(b) A teacher assigned to a bilingual education program must
1879	1879	be appropriately certified for bilingual education by the
1880	1880	commissioner [board].
1881	1881	(c) A teacher assigned to an English as a second language or
1882	1882	other special language program must be appropriately certified for
1883	1883	English as a second language by the commissioner [board].
1884	1884	(e) The commissioner [State Board for Educator
1885	1885	Certification] and the Texas Higher Education Coordinating Board
1886	1886	shall develop a comprehensive plan for meeting the teacher supply
1887	1887	needs created by the programs outlined in this subchapter.
1888	1888	SECTION 76. Sections 33.002(b) and (c), Education Code, are
1889	1889	amended to read as follows:
1890	1890	(b) A school district with 500 or more students enrolled in
1891	1891	elementary school grades shall employ a school counselor certified
1892	1892	under Subchapter B, Chapter 21, [the rules of the State Board for
1893	1893	Educator Certification] for each elementary school in the
1894	1894	district. A school district shall employ at least one school
1895	1895	counselor for every 500 elementary school students in the district.
1896	1896	(c) A school district with fewer than 500 students enrolled
1897	1897	in elementary school grades shall provide guidance and counseling
1898	1898	services to elementary school students by:
1899	1899	(1) employing a part-time school counselor certified
1900	1900	under Subchapter B, Chapter 21 [the rules of the State Board for
1901	1901	Educator Certification];
1902	1902	(2) employing a part-time teacher certified as a
1903	1903	school counselor under Subchapter B, Chapter 21 [the rules of the
1904	1904	State Board for Educator Certification]; or
1905	1905	(3) entering into a shared services arrangement
1906	1906	agreement with one or more school districts to share a school
1907	1907	counselor certified under Subchapter B, Chapter 21 [the rules of
1908	1908	the State Board for Educator Certification].
1909	1909	SECTION 77. Section 33.007(c), Education Code, is amended
1910	1910	to read as follows:
1911	1911	(c) At the beginning of grades 10 and 11, a school counselor
1912	1912	certified under Subchapter B, Chapter 21, [the rules of the State
1913	1913	Board for Educator Certification] shall explain the requirements of
1914	1914	automatic admission to a general academic teaching institution
1915	1915	under Section 51.803 to each student enrolled in a high school or at
1916	1916	the high school level in an open-enrollment charter school who has a
1917	1917	grade point average in the top 25 percent of the student's high
1918	1918	school class.
1919	1919	SECTION 78. Section 33.081(d-1), Education Code, is amended
1920	1920	to read as follows:
1921	1921	(d-1) Subsections (c) and (d) do not apply to an advanced
1922	1922	placement or international baccalaureate course, or to an honors or
1923	1923	dual credit course in the subject areas of English language arts,
1924	1924	mathematics, science, social studies, economics, or a language
1925	1925	other than English. [The agency shall review on a biennial basis
1926	1926	courses described by this subsection to determine if other courses
1927	1927	should be excluded from the requirement that a student be suspended
1928	1928	from participation in an extracurricular activity under Subsection
1929	1929	(c). Not later than January 1 of each odd-numbered year, the agency
1930	1930	shall report the findings under this subsection to the
1931	1931	legislature.]
1932	1932	SECTION 79. Section 37.006(o), Education Code, is amended
1933	1933	to read as follows:
1934	1934	(o) In addition to any notice required under Article 15.27,
1935	1935	Code of Criminal Procedure, a principal or a principal's designee
1936	1936	shall inform each educator who has responsibility for, or is under
1937	1937	the direction and supervision of an educator who has responsibility
1938	1938	for, the instruction of a student who has engaged in any violation
1939	1939	listed in this section of the student's misconduct. Each educator
1940	1940	shall keep the information received under this subsection
1941	1941	confidential from any person not entitled to the information under
1942	1942	this subsection, except that the educator may share the information
1943	1943	with the student's parent or guardian as provided for by state or
1944	1944	federal law. The commissioner [State Board for Educator
1945	1945	Certification] may revoke or suspend the certification of an
1946	1946	educator who intentionally violates this subsection.
1947	1947	SECTION 80. Section 37.007(g), Education Code, is amended
1948	1948	to read as follows:
1949	1949	(g) In addition to any notice required under Article 15.27,
1950	1950	Code of Criminal Procedure, a school district shall inform each
1951	1951	educator who has responsibility for, or is under the direction and
1952	1952	supervision of an educator who has responsibility for, the
1953	1953	instruction of a student who has engaged in any violation listed in
1954	1954	this section of the student's misconduct. Each educator shall keep
1955	1955	the information received under this subsection confidential from
1956	1956	any person not entitled to the information under this subsection,
1957	1957	except that the educator may share the information with the
1958	1958	student's parent or guardian as provided for by state or federal
1959	1959	law. The commissioner [State Board for Educator Certification] may
1960	1960	revoke or suspend the certification of an educator who
1961	1961	intentionally violates this subsection.
1962	1962	SECTION 81. Sections 39.0302(a) and (d), Education Code,
1963	1963	are amended to read as follows:
1964	1964	(a) During an agency investigation or audit of a school
1965	1965	district under Section 39.0301(e) or (f), an accreditation
1966	1966	investigation under Section 39.057(a)(8) or (13), or an
1967	1967	investigation [by the State Board for Educator Certification] of an
1968	1968	educator for an alleged violation of an assessment instrument
1969	1969	security procedure established under Section 39.0301(a), the
1970	1970	commissioner may issue a subpoena to compel the attendance of a
1971	1971	relevant witness or the production, for inspection or copying, of
1972	1972	relevant evidence that is located in this state.
1973	1973	(d) All information and materials subpoenaed or compiled in
1974	1974	connection with an investigation or audit described by Subsection
1975	1975	(a):
1976	1976	(1) are confidential and not subject to disclosure
1977	1977	under Chapter 552, Government Code; and
1978	1978	(2) are not subject to disclosure, discovery,
1979	1979	subpoena, or other means of legal compulsion for release to any
1980	1980	person other than:
1981	1981	(A) the commissioner [or the State Board for
1982	1982	Educator Certification, as applicable];
1983	1983	(B) agency employees or agents involved in the
1984	1984	investigation, as applicable; and
1985	1985	(C) the office of the attorney general, the state
1986	1986	auditor's office, and law enforcement agencies.
1987	1987	SECTION 82. Section 39.102(a), Education Code, is amended
1988	1988	to read as follows:
1989	1989	(a) If a school district does not satisfy the accreditation
1990	1990	criteria under Section 39.052, the academic performance standards
1991	1991	under Section 39.053 or 39.054, or any financial accountability
1992	1992	standard as determined by commissioner rule, the commissioner shall
1993	1993	take any of the following actions to the extent the commissioner
1994	1994	determines necessary:
1995	1995	(1) issue public notice of the deficiency to the board
1996	1996	of trustees;
1997	1997	(2) order a hearing conducted by the board of trustees
1998	1998	of the district for the purpose of notifying the public of the
1999	1999	insufficient performance, the improvements in performance expected
2000	2000	by the agency, and the interventions and sanctions that may be
2001	2001	imposed under this section if the performance does not improve;
2002	2002	(3) order the preparation of a student achievement
2003	2003	improvement plan that addresses each student achievement indicator
2004	2004	under Section 39.053(c) for which the district's performance is
2005	2005	insufficient, the submission of the plan to the commissioner for
2006	2006	approval, and implementation of the plan;
2007	2007	(4) order a hearing to be held before the commissioner
2008	2008	or the commissioner's designee at which the president of the board
2009	2009	of trustees of the district and the superintendent shall appear and
2010	2010	explain the district's low performance, lack of improvement, and
2011	2011	plans for improvement;
2012	2012	(5) arrange an on-site investigation of the district;
2013	2013	(6) appoint an agency monitor to participate in and
2014	2014	report to the agency on the activities of the board of trustees or
2015	2015	the superintendent;
2016	2016	(7) appoint a conservator to oversee the operations of
2017	2017	the district;
2018	2018	(8) appoint a management team to direct the operations
2019	2019	of the district in areas of insufficient performance or require the
2020	2020	district to obtain certain services under a contract with another
2021	2021	person;
2022	2022	(9) if a district has a current accreditation status
2023	2023	of accredited-warned or accredited-probation, fails to satisfy any
2024	2024	standard under Section 39.054(e), or fails to satisfy financial
2025	2025	accountability standards as determined by commissioner rule,
2026	2026	appoint a board of managers to exercise the powers and duties of the
2027	2027	board of trustees;
2028	2028	(10) if for two consecutive school years, including
2029	2029	the current school year, a district has received an accreditation
2030	2030	status of accredited-warned or accredited-probation, has failed to
2031	2031	satisfy any standard under Section 39.054(e), or has failed to
2032	2032	satisfy financial accountability standards as determined by
2033	2033	commissioner rule, revoke the district's accreditation and:
2034	2034	(A) order closure of the district and annex the
2035	2035	district to one or more [adjoining] districts under Section 13.054;
2036	2036	or
2037	2037	(B) in the case of a home-rule school district or
2038	2038	open-enrollment charter school, order closure of all programs
2039	2039	operated under the district's or school's charter; or
2040	2040	(11) if a district has failed to satisfy any standard
2041	2041	under Section 39.054(e) due to the district's dropout rates, impose
2042	2042	sanctions designed to improve high school completion rates,
2043	2043	including:
2044	2044	(A) ordering the development of a dropout
2045	2045	prevention plan for approval by the commissioner;
2046	2046	(B) restructuring the district or appropriate
2047	2047	school campuses to improve identification of and service to
2048	2048	students who are at risk of dropping out of school, as defined by
2049	2049	Section 29.081;
2050	2050	(C) ordering lower student-to-counselor ratios
2051	2051	on school campuses with high dropout rates; and
2052	2052	(D) ordering the use of any other intervention
2053	2053	strategy effective in reducing dropout rates, including mentor
2054	2054	programs and flexible class scheduling.
2055	2055	SECTION 83. Section 39.112, Education Code, is amended by
2056	2056	adding Subsection (f) to read as follows:
2057	2057	(f) Subsection (e) does not apply if the district will be
2058	2058	closed and its territory annexed to one or more other school
2059	2059	districts in accordance with other law. In that circumstance, the
2060	2060	board of managers may, as determined by the commissioner, continue
2061	2061	to oversee the closure and annexation of the district until the
2062	2062	effective date of the district's annexation.
2063	2063	SECTION 84. The heading to Section 39.204, Education Code,
2064	2064	is amended to read as follows:
2065	2065	Sec. 39.204. CAMPUS DISTINCTION DESIGNATION CRITERIA[;
2066	2066	COMMITTEES].
2067	2067	SECTION 85. Section 39.233, Education Code, is amended to
2068	2068	read as follows:
2069	2069	Sec. 39.233. [RECOGNITION OF] HIGH SCHOOL COMPLETION AND
2070	2070	SUCCESS AND COLLEGE READINESS PROGRAMS; AGENCY GUIDANCE. [(a)]
2071	2071	The agency shall[:
2072	2072	[(1) develop standards for evaluating the success and
2073	2073	cost-effectiveness of high school completion and success and
2074	2074	college readiness programs implemented under Section 39.234;
2075	2075	[(2)] provide guidance for school districts and
2076	2076	campuses in establishing and improving high school completion and
2077	2077	success and college readiness programs implemented under Section
2078	2078	39.234[; and
2079	2079	[(3) develop standards for selecting and methods for
2080	2080	recognizing school districts and campuses that offer exceptional
2081	2081	high school completion and success and college readiness programs
2082	2082	under Section 39.234.
2083	2083	[(b) The commissioner may adopt rules for the
2084	2084	administration of this section].
2085	2085	SECTION 86. Section 39.235(a), Education Code, is amended
2086	2086	to read as follows:
2087	2087	(a) From funds appropriated for that purpose, the
2088	2088	commissioner may establish a grant program under which grants are
2089	2089	awarded to middle, junior high, and high school campuses and school
2090	2090	districts to support:
2091	2091	(1) the implementation of innovative improvement
2092	2092	programs that are based on the best available research regarding
2093	2093	middle, junior high, or high school reform, dropout prevention, and
2094	2094	preparing students for postsecondary coursework or employment; and
2095	2095	(2) enhancing education practices that have been
2096	2096	demonstrated by significant evidence of effectiveness[; and
2097	2097	[(3) the alignment of grants and programs to the
2098	2098	strategic plan adopted under Section 39.407].
2099	2099	SECTION 87. Sections 39.301(c) and (d), Education Code, are
2100	2100	amended to read as follows:
2101	2101	(c) Indicators for reporting purposes must include:
2102	2102	(1) the percentage of graduating students who meet the
2103	2103	course requirements established by State Board of Education rule
2104	2104	for:
2105	2105	(A) the foundation high school program;
2106	2106	(B) the distinguished level of achievement under
2107	2107	the foundation high school program; and
2108	2108	(C) each endorsement described by Section
2109	2109	28.025(c-1);
2110	2110	(2) the results of the SAT, ACT, articulated
2111	2111	postsecondary degree programs described by Section 61.852, and
2112	2112	certified workforce training programs described by Chapter 311,
2113	2113	Labor Code;
2114	2114	(3) for students who have failed to perform
2115	2115	satisfactorily, under each performance standard under Section
2116	2116	39.0241, on an assessment instrument required under Section
2117	2117	39.023(a) or (c), the performance of those students on subsequent
2118	2118	assessment instruments required under those sections, aggregated
2119	2119	by grade level and subject area;
2120	2120	(4) for each campus, the number of students,
2121	2121	disaggregated by major student subpopulations, that take courses
2122	2122	under the foundation high school program and take additional
2123	2123	courses to earn an endorsement under Section 28.025(c-1),
2124	2124	disaggregated by type of endorsement;
2125	2125	(5) the percentage of students, aggregated by grade
2126	2126	level, provided accelerated instruction under Section 28.0211(c),
2127	2127	the results of assessment instruments administered under that
2128	2128	section, the percentage of students promoted through the grade
2129	2129	placement committee process under Section 28.0211, the subject of
2130	2130	the assessment instrument on which each student failed to perform
2131	2131	satisfactorily under each performance standard under Section
2132	2132	39.0241, and the performance of those students in the school year
2133	2133	following that promotion on the assessment instruments required
2134	2134	under Section 39.023;
2135	2135	(6) [the percentage of students of limited English
2136	2136	proficiency exempted from the administration of an assessment
2137	2137	instrument under Sections 39.027(a)(1) and (2);
2138	2138	[(7)] the percentage of students in a special
2139	2139	education program under Subchapter A, Chapter 29, assessed through
2140	2140	assessment instruments developed or adopted under Section
2141	2141	39.023(b);
2142	2142	(7) [(8)] the percentage of students who satisfy the
2143	2143	college readiness measure;
2144	2144	(8) [(9)] the measure of progress toward dual language
2145	2145	proficiency under Section 39.034(b), for students of limited
2146	2146	English proficiency, as defined by Section 29.052;
2147	2147	(9) [(10)] the percentage of students who are not
2148	2148	educationally disadvantaged;
2149	2149	(10) [(11)] the percentage of students who enroll and
2150	2150	begin instruction at an institution of higher education in the
2151	2151	school year following high school graduation; and
2152	2152	(11) [(12)] the percentage of students who
2153	2153	successfully complete the first year of instruction at an
2154	2154	institution of higher education without needing a developmental
2155	2155	education course.
2156	2156	(d) Performance on the indicators described by Section
2157	2157	39.053(c) and Subsections (c)(3), (4), and (8) [(9)] must be based
2158	2158	on longitudinal student data that is disaggregated by the bilingual
2159	2159	education or special language program, if any, in which students of
2160	2160	limited English proficiency, as defined by Section 29.052, are or
2161	2161	former students of limited English proficiency were enrolled. If a
2162	2162	student described by this subsection is not or was not enrolled in
2163	2163	specialized language instruction, the number and percentage of
2164	2164	those students shall be provided.
2165	2165	SECTION 88. Section 39.409, Education Code, is transferred
2166	2166	to Subchapter Z, Chapter 29, Education Code, redesignated as
2167	2167	Section 29.921, Education Code, and amended to read as follows:
2168	2168	Sec. 29.921 [39.409]. PRIVATE FOUNDATION PARTNERSHIPS.
2169	2169	(a) The commissioner of education or the commissioner of higher
2170	2170	education, as appropriate, [and the council] may coordinate with
2171	2171	private foundations that have made a substantial investment in the
2172	2172	improvement of high schools in this state to maximize the impact of
2173	2173	public and private investments.
2174	2174	(b) A private foundation is not required to obtain the
2175	2175	approval of the appropriate commissioner [or the council] under
2176	2176	Subsection (a) before allocating resources to a school in this
2177	2177	state.
2178	2178	SECTION 89. Section 39.413, Education Code, is transferred
2179	2179	to Subchapter C, Chapter 61, Education Code, redesignated as
2180	2180	Section 61.0767, Education Code, and amended to read as follows:
2181	2181	Sec. 61.0767 [39.413]. FUNDING FOR CERTAIN PROGRAMS. (a)
2182	2182	From funds appropriated, the board [Texas Higher Education
2183	2183	Coordinating Board] shall allocate $8.75 million each year to
2184	2184	establish mathematics, science, and technology teacher preparation
2185	2185	academies under Section 61.0766[, provide funding to the
2186	2186	commissioner of education to implement and administer the program
2187	2187	under Section 29.098,] and award grants under Section
2188	2188	61.0762(a)(3).
2189	2189	(b) The board [Texas Higher Education Coordinating Board]
2190	2190	shall establish mathematics, science, and technology teacher
2191	2191	preparation academies under Section 61.0766[, provide funding to
2192	2192	the commissioner of education to implement and administer the
2193	2193	program under Section 29.098,] and award grants under Section
2194	2194	61.0762(a)(3) in a manner consistent with [the goals of this
2195	2195	subchapter and] the goals in "Closing the Gaps," the state's master
2196	2196	plan for higher education.
2197	2197	SECTION 90. Subchapter A, Chapter 42, Education Code, is
2198	2198	amended by adding Section 42.011 to read as follows:
2199	2199	Sec. 42.011. FUNDS AUDIT. (a) The agency shall develop and
2200	2200	implement by rule an auditing system for expenditures of funds
2201	2201	under the Foundation School Program by school districts and
2202	2202	open-enrollment charter schools. An auditing system developed
2203	2203	under this section must use a standard, risk-based approach.
2204	2204	(b) The agency shall provide guidance relating to an audit
2205	2205	developed under this section through any training or reference
2206	2206	material the agency provides to school districts or open-enrollment
2207	2207	charter schools.
2208	2208	SECTION 91. Sections 45.208(a) and (e), Education Code, are
2209	2209	amended to read as follows:
2210	2210	(a) The bank or banks selected as the depository or
2211	2211	depositories and the school district shall enter into a depository
2212	2212	contract or contracts, bond or bonds, or other necessary
2213	2213	instruments setting forth the duties and agreements pertaining to
2214	2214	the depository and including any other information specified by the
2215	2215	agency [, in a form and with the content prescribed by the State
2216	2216	Board of Education]. The parties shall attach to the depository
2217	2217	contract and incorporate by reference the bid or proposal of the
2218	2218	depository.
2219	2219	(e) A copy of a direct deposit form that identifies a
2220	2220	depository [the depository contract and bond] shall be filed with
2221	2221	the agency.
2222	2222	SECTION 92. Section 52.31, Education Code, is amended to
2223	2223	read as follows:
2224	2224	Sec. 52.31. PARTICIPATING INSTITUTIONS. In this
2225	2225	subchapter, "participating higher educational institution" means a
2226	2226	public or private nonprofit institution of higher education,
2227	2227	including a junior college, accredited by a recognized accrediting
2228	2228	agency as defined by Section 61.003, or a regional education
2229	2229	service center or other entity that offers an alternative educator
2230	2230	certification program approved by the commissioner of education
2231	2231	[State Board for Educator Certification], that:
2232	2232	(1) is located in this state; and
2233	2233	(2) complies with the provisions of this chapter and
2234	2234	the rules of the board promulgated in accordance with this chapter.
2235	2235	SECTION 93. Section 52.32(b), Education Code, is amended to
2236	2236	read as follows:
2237	2237	(b) If a loan applicant is enrolled at a career school or
2238	2238	college in a degree program that is approved by the board or at a
2239	2239	regional education service center or other entity in an alternative
2240	2240	educator certification program that is approved by the commissioner
2241	2241	of education [State Board for Educator Certification], the
2242	2242	applicant is not required to provide evidence that the applicant is
2243	2243	unable to obtain a guaranteed student loan from a commercial lender
2244	2244	under Subsection (a-1).
2245	2245	SECTION 94. Section 61.0514, Education Code, is amended to
2246	2246	read as follows:
2247	2247	Sec. 61.0514. INTEGRATED COURSEWORK. The board, with the
2248	2248	cooperation and advice of the commissioner of education [State
2249	2249	Board for Educator Certification], shall adopt educator
2250	2250	preparation coursework guidelines that promote, to the greatest
2251	2251	extent practicable, the integration of subject matter knowledge
2252	2252	with classroom teaching strategies and techniques in order to
2253	2253	maximize the effectiveness and efficiency of coursework required
2254	2254	for certification under Subchapter B, Chapter 21.
2255	2255	SECTION 95. Section 61.076(b), Education Code, is amended
2256	2256	to read as follows:
2257	2257	(b) The P-16 Council is composed of the commissioner of
2258	2258	education, the commissioner of higher education, the executive
2259	2259	director of the Texas Workforce Commission, [the executive director
2260	2260	of the State Board for Educator Certification,] and the
2261	2261	commissioner of assistive and rehabilitative services. The
2262	2262	commissioner of higher education and the commissioner of education
2263	2263	shall serve as co-chairs of the council.
2264	2264	SECTION 96. Section 61.0761(a), Education Code, is amended
2265	2265	to read as follows:
2266	2266	(a) The P-16 Council established under Section 61.076 shall
2267	2267	recommend to the commissioner of education and the board a college
2268	2268	readiness and success strategic action plan to increase student
2269	2269	success and decrease the number of students enrolling in
2270	2270	developmental course work in institutions of higher education. The
2271	2271	plan must include:
2272	2272	(1) definitions, as determined by the P-16 Council in
2273	2273	coordination with the State Board of Education, of the standards
2274	2274	and expectations for college readiness that address the knowledge
2275	2275	and skills expected of students to perform successfully in
2276	2276	entry-level courses offered at institutions of higher education;
2277	2277	(2) a description of the components of a P-16
2278	2278	individualized graduation plan sufficient to prepare students for
2279	2279	college success;
2280	2280	(3) the manner in which the Texas Education Agency
2281	2281	should provide model curricula for use as a reference tool by school
2282	2282	district employees;
2283	2283	(4) recommendations to the Texas Education Agency, the
2284	2284	State Board of Education, and the board regarding strategies for
2285	2285	decreasing the number of students enrolling in developmental course
2286	2286	work at institutions of higher education;
2287	2287	(5) recommendations [to the State Board for Educator
2288	2288	Certification] regarding changes to educator certification and
2289	2289	professional development requirements that contribute to the
2290	2290	ability of public school teachers to prepare students for higher
2291	2291	education; and
2292	2292	(6) any other elements that the commissioner of
2293	2293	education and the board suggest for inclusion in the plan.
2294	2294	SECTION 97. Section 61.0766(b), Education Code, is amended
2295	2295	to read as follows:
2296	2296	(b) Before an institution of higher education establishes
2297	2297	an academy under this section, the institution must apply through a
2298	2298	competitive process, as determined by the board, and meet any
2299	2299	requirements established by the board for designation as an academy
2300	2300	under this section and continued funding. The institution of
2301	2301	higher education must have a teacher preparation program approved
2302	2302	by the commissioner of education [State Board for Educator
2303	2303	Certification] or be affiliated with a program approved by the
2304	2304	commissioner [State Board for Educator Certification].
2305	2305	SECTION 98. Section 61.9832(a), Education Code, as added by
2306	2306	Chapter 1229 (S.B. 1720), Acts of the 83rd Legislature, Regular
2307	2307	Session, 2013, is amended to read as follows:
2308	2308	(a) To be eligible to receive loan repayment assistance
2309	2309	under this subchapter, a person must:
2310	2310	(1) apply annually for the loan repayment assistance
2311	2311	in the manner prescribed by the board;
2312	2312	(2) be a United States citizen;
2313	2313	(3) have completed an undergraduate or graduate
2314	2314	program in mathematics or science;
2315	2315	(4) have a cumulative grade point average of at least
2316	2316	3.5 on a four-point scale or the equivalent;
2317	2317	(5) be certified under Subchapter B, Chapter 21, to
2318	2318	teach mathematics or science in a public school in this state or be
2319	2319	enrolled in an educator preparation program to obtain that
2320	2320	certification that is accredited by the commissioner of education
2321	2321	[State Board for Educator Certification] and is provided by an
2322	2322	institution of higher education or by a private or independent
2323	2323	institution of higher education in this state;
2324	2324	(6) have been employed for at least one year as a
2325	2325	teacher teaching mathematics or science at a public school located
2326	2326	in a school district that receives funding under Title I,
2327	2327	Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
2328	2328	6301 et seq.);
2329	2329	(7) not be in default on any other education loan;
2330	2330	(8) not receive any other state or federal loan
2331	2331	repayment assistance, including a Teacher Education Assistance for
2332	2332	College and Higher Education (TEACH) Grant or teacher loan
2333	2333	forgiveness;
2334	2334	(9) enter into an agreement with the board under
2335	2335	Subsection (c); and
2336	2336	(10) comply with any other requirement adopted by the
2337	2337	board under this subchapter.
2338	2338	SECTION 99. Section 61.9834, Education Code, as added by
2339	2339	Chapter 1229 (S.B. 1720), Acts of the 83rd Legislature, Regular
2340	2340	Session, 2013, is amended to read as follows:
2341	2341	Sec. 61.9834. EXCEPTION TO CONSECUTIVE YEARS OF EMPLOYMENT
2342	2342	REQUIREMENT. The board shall excuse an otherwise eligible person
2343	2343	from a requirement imposed by Section 61.9832 that the employment
2344	2344	qualifying the person for loan repayment assistance be performed in
2345	2345	consecutive years if the break in employment is a result of the
2346	2346	person's:
2347	2347	(1) full-time enrollment in a course of study related
2348	2348	to the field of teaching that is approved by the commissioner of
2349	2349	education [State Board for Educator Certification] and provided by
2350	2350	an institution of higher education or by a private or independent
2351	2351	institution of higher education in this state;
2352	2352	(2) service on active duty as a member of the armed
2353	2353	forces of the United States, including as a member of a reserve or
2354	2354	National Guard unit called for active duty;
2355	2355	(3) temporary total disability for a period of not
2356	2356	more than 36 months as established by the affidavit of a qualified
2357	2357	physician;
2358	2358	(4) inability to secure employment as required by
2359	2359	Section 61.9832 for a period not to exceed 12 months, because of
2360	2360	care required by a disabled spouse or child;
2361	2361	(5) inability, despite reasonable efforts, to secure,
2362	2362	for a single period not to exceed 12 months, employment as required
2363	2363	by Section 61.9832; or
2364	2364	(6) satisfaction of the provisions of any other
2365	2365	exception adopted by the board for purposes of this section.
2366	2366	SECTION 100. Section 1001.254(a), Education Code, is
2367	2367	amended to read as follows:
2368	2368	(a) A temporary driver education instructor license may be
2369	2369	issued authorizing a person to teach or provide classroom driver
2370	2370	education training if the person:
2371	2371	(1) has completed the educational requirements
2372	2372	prescribed by Section 1001.253(d)(1);
2373	2373	(2) holds a Texas teaching certificate with an
2374	2374	effective date before February 1, 1986;
2375	2375	(3) meets all license requirements, other than
2376	2376	successful completion of the examination required under rules
2377	2377	adopted by the commissioner of education [State Board for Educator
2378	2378	Certification] to revalidate the teaching certificate; and
2379	2379	(4) demonstrates, in a manner prescribed by the
2380	2380	commissioner, the intention to comply with the examination
2381	2381	requirement at the first available opportunity.
2382	2382	SECTION 101. Articles 15.27(a) and (l), Code of Criminal
2383	2383	Procedure, are amended to read as follows:
2384	2384	(a) A law enforcement agency that arrests any person or
2385	2385	refers a child to the office or official designated by the juvenile
2386	2386	board who the agency believes is enrolled as a student in a public
2387	2387	primary or secondary school, for an offense listed in Subsection
2388	2388	(h), shall attempt to ascertain whether the person is so enrolled.
2389	2389	If the law enforcement agency ascertains that the individual is
2390	2390	enrolled as a student in a public primary or secondary school, the
2391	2391	head of the agency or a person designated by the head of the agency
2392	2392	shall orally notify the superintendent or a person designated by
2393	2393	the superintendent in the school district in which the student is
2394	2394	enrolled of that arrest or referral within 24 hours after the arrest
2395	2395	or referral is made, or before the next school day, whichever is
2396	2396	earlier. If the law enforcement agency cannot ascertain whether
2397	2397	the individual is enrolled as a student, the head of the agency or a
2398	2398	person designated by the head of the agency shall orally notify the
2399	2399	superintendent or a person designated by the superintendent in the
2400	2400	school district in which the student is believed to be enrolled of
2401	2401	that arrest or detention within 24 hours after the arrest or
2402	2402	detention, or before the next school day, whichever is earlier. If
2403	2403	the individual is a student, the superintendent or the
2404	2404	superintendent's designee shall immediately notify all
2405	2405	instructional and support personnel who have responsibility for
2406	2406	supervision of the student. All personnel shall keep the
2407	2407	information received in this subsection confidential. The
2408	2408	commissioner of education [State Board for Educator Certification]
2409	2409	may revoke or suspend the certification of personnel who
2410	2410	intentionally violate this subsection. Within seven days after the
2411	2411	date the oral notice is given, the head of the law enforcement
2412	2412	agency or the person designated by the head of the agency shall mail
2413	2413	written notification, marked "PERSONAL and CONFIDENTIAL" on the
2414	2414	mailing envelope, to the superintendent or the person designated by
2415	2415	the superintendent. The written notification must include the
2416	2416	facts contained in the oral notification, the name of the person who
2417	2417	was orally notified, and the date and time of the oral notification.
2418	2418	Both the oral and written notice shall contain sufficient details
2419	2419	of the arrest or referral and the acts allegedly committed by the
2420	2420	student to enable the superintendent or the superintendent's
2421	2421	designee to determine whether there is a reasonable belief that the
2422	2422	student has engaged in conduct defined as a felony offense by the
2423	2423	Penal Code. The information contained in the notice shall be
2424	2424	considered by the superintendent or the superintendent's designee
2425	2425	in making such a determination.
2426	2426	(l) If a school district board of trustees learns of a
2427	2427	failure by the superintendent of the district or a district
2428	2428	principal to provide a notice required under Subsection (a), (a-1),
2429	2429	or (b), the board of trustees shall report the failure to the
2430	2430	commissioner of education [State Board for Educator
2431	2431	Certification]. If the governing body of a private primary or
2432	2432	secondary school learns of a failure by the principal of the school
2433	2433	to provide a notice required under Subsection (e), and the
2434	2434	principal holds a certificate issued under Subchapter B, Chapter
2435	2435	21, Education Code, the governing body shall report the failure to
2436	2436	the commissioner of education [State Board for Educator
2437	2437	Certification].
2438	2438	SECTION 102. Article 42.018(b), Code of Criminal Procedure,
2439	2439	is amended to read as follows:
2440	2440	(b) Not later than the fifth day after the date a person who
2441	2441	holds a certificate issued under Subchapter B, Chapter 21,
2442	2442	Education Code, is convicted or granted deferred adjudication on
2443	2443	the basis of an offense, the clerk of the court in which the
2444	2444	conviction or deferred adjudication is entered shall provide to the
2445	2445	commissioner of education [State Board for Educator Certification]
2446	2446	written notice of the person's conviction or deferred adjudication,
2447	2447	including the offense on which the conviction or deferred
2448	2448	adjudication was based.
2449	2449	SECTION 103. Sections 261.308(d) and (e), Family Code, are
2450	2450	amended to read as follows:
2451	2451	(d) The department shall release information regarding a
2452	2452	person alleged to have committed abuse or neglect to persons who
2453	2453	have control over the person's access to children, including, as
2454	2454	appropriate, the Texas Education Agency, [the State Board for
2455	2455	Educator Certification,] the local school board or the school's
2456	2456	governing body, the superintendent of the school district, or the
2457	2457	school principal or director if the department determines that:
2458	2458	(1) the person alleged to have committed abuse or
2459	2459	neglect poses a substantial and immediate risk of harm to one or
2460	2460	more children outside the family of a child who is the subject of
2461	2461	the investigation; and
2462	2462	(2) the release of the information is necessary to
2463	2463	assist in protecting one or more children from the person alleged to
2464	2464	have committed abuse or neglect.
2465	2465	(e) On request, the department shall release information
2466	2466	about a person alleged to have committed abuse or neglect to the
2467	2467	commissioner of education [State Board for Educator Certification]
2468	2468	if the commissioner [board] has a reasonable basis for believing
2469	2469	that the information is necessary to assist the commissioner
2470	2470	[board] in protecting children from the person alleged to have
2471	2471	committed abuse or neglect.
2472	2472	SECTION 104. Section 261.406(b), Family Code, is amended to
2473	2473	read as follows:
2474	2474	(b) The department shall send a copy of the completed report
2475	2475	of the department's investigation to the Texas Education Agency,
2476	2476	[the State Board for Educator Certification,] the local school
2477	2477	board or the school's governing body, the superintendent of the
2478	2478	school district, and the school principal or director, unless the
2479	2479	principal or director is alleged to have committed the abuse or
2480	2480	neglect, for appropriate action. On request, the department shall
2481	2481	provide a copy of the report of investigation to the parent,
2482	2482	managing conservator, or legal guardian of a child who is the
2483	2483	subject of the investigation and to the person alleged to have
2484	2484	committed the abuse or neglect. The report of investigation shall
2485	2485	be edited to protect the identity of the persons who made the report
2486	2486	of abuse or neglect. Other than the persons authorized by the
2487	2487	section to receive a copy of the report, Section 261.201(b) applies
2488	2488	to the release of the report relating to the investigation of abuse
2489	2489	or neglect under this section and to the identity of the person who
2490	2490	made the report of abuse or neglect.
2491	2491	SECTION 105. Section 411.081(i), Government Code, as
2492	2492	amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B.
2493	2493	869), Acts of the 83rd Legislature, Regular Session, 2013, is
2494	2494	reenacted and amended to read as follows:
2495	2495	(i) A criminal justice agency may disclose criminal history
2496	2496	record information that is the subject of an order of nondisclosure
2497	2497	under Subsection (d) to the following noncriminal justice agencies
2498	2498	or entities only:
2499	2499	(1) [the State Board for Educator Certification;
2500	2500	[(2)] a school district, charter school, private
2501	2501	school, regional education service center, commercial
2502	2502	transportation company, or education shared service arrangement;
2503	2503	(2) [(3)] the Texas Medical Board;
2504	2504	(3) [(4)] the Texas School for the Blind and Visually
2505	2505	Impaired;
2506	2506	(4) [(5)] the Board of Law Examiners;
2507	2507	(5) [(6)] the State Bar of Texas;
2508	2508	(6) [(7)] a district court regarding a petition for
2509	2509	name change under Subchapter B, Chapter 45, Family Code;
2510	2510	(7) [(8)] the Texas School for the Deaf;
2511	2511	(8) [(9)] the Department of Family and Protective
2512	2512	Services;
2513	2513	(9) [(10)] the Texas Juvenile Justice Department;
2514	2514	(10) [(11)] the Department of Assistive and
2515	2515	Rehabilitative Services;
2516	2516	(11) [(12)] the Department of State Health Services, a
2517	2517	local mental health service, a local mental retardation authority,
2518	2518	or a community center providing services to persons with mental
2519	2519	illness or retardation;
2520	2520	(12) [(13)] the Texas Private Security Board;
2521	2521	(13) [(14)] a municipal or volunteer fire department;
2522	2522	(14) [(15)] the Texas Board of Nursing;
2523	2523	(15) [(16)] a safe house providing shelter to children
2524	2524	in harmful situations;
2525	2525	(16) [(17)] a public or nonprofit hospital or hospital
2526	2526	district, or a facility as defined by Section 250.001, Health and
2527	2527	Safety Code;
2528	2528	(17) [(18)] the securities commissioner, the banking
2529	2529	commissioner, the savings and mortgage lending commissioner, the
2530	2530	consumer credit commissioner, or the credit union commissioner;
2531	2531	(18) [(19)] the Texas State Board of Public
2532	2532	Accountancy;
2533	2533	(19) [(20)] the Texas Department of Licensing and
2534	2534	Regulation;
2535	2535	(20) [(21)] the Health and Human Services Commission;
2536	2536	(21) [(22)] the Department of Aging and Disability
2537	2537	Services;
2538	2538	(22) [(23)] the Texas Education Agency;
2539	2539	(23) [(24)] the Judicial Branch Certification
2540	2540	Commission;
2541	2541	(24) [(25)] a county clerk's office in relation to a
2542	2542	proceeding for the appointment of a guardian under Title 3, Estates
2543	2543	[Chapter XIII, Texas Probate] Code;
2544	2544	(25) [(26)] the Department of Information Resources
2545	2545	but only regarding an employee, applicant for employment,
2546	2546	contractor, subcontractor, intern, or volunteer who provides
2547	2547	network security services under Chapter 2059 to:
2548	2548	(A) the Department of Information Resources; or
2549	2549	(B) a contractor or subcontractor of the
2550	2550	Department of Information Resources;
2551	2551	(26) [(27)] the Texas Department of Insurance;
2552	2552	(27) [(28)] the Teacher Retirement System of Texas;
2553	2553	and
2554	2554	(28) [(30)] the Texas State Board of Pharmacy.
2555	2555	SECTION 106. Section 411.0901, Government Code, is amended
2556	2556	to read as follows:
2557	2557	Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD
2558	2558	INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education
2559	2559	Agency is entitled to obtain criminal history record information
2560	2560	maintained by the department about a person who:
2561	2561	(1) has applied to the commissioner of education for a
2562	2562	certificate under Subchapter B, Chapter 21, Education Code;
2563	2563	(2) is employed or is an applicant for employment by a
2564	2564	school district or open-enrollment charter school;
2565	2565	(3) [(2)] is employed or is an applicant for
2566	2566	employment by a shared services arrangement, if the employee's or
2567	2567	applicant's duties are or will be performed on school property or at
2568	2568	another location where students are regularly present; or
2569	2569	(4) [(3)] is employed or is an applicant for
2570	2570	employment by an entity that contracts with a school district,
2571	2571	open-enrollment charter school, or shared services arrangement if:
2572	2572	(A) the employee or applicant has or will have
2573	2573	continuing duties relating to the contracted services; and
2574	2574	(B) the employee or applicant has or will have
2575	2575	direct contact with students.
2576	2576	(b) Criminal history record information obtained by the
2577	2577	agency in the original form or any subsequent form:
2578	2578	(1) may be used only for a purpose authorized by the
2579	2579	Education Code;
2580	2580	(2) may not be released to any person except:
2581	2581	(A) the person who is the subject of the
2582	2582	information;
2583	2583	(B) [the State Board for Educator Certification;
2584	2584	[(C)] a local or regional educational entity as
2585	2585	provided by Section 411.097; or
2586	2586	(C) [(D)] by court order;
2587	2587	(3) is not subject to disclosure as provided by
2588	2588	Chapter 552; and
2589	2589	(4) shall be destroyed by the agency after the
2590	2590	information is used for the authorized purposes.
2591	2591	(d) The department shall notify the agency of the arrest of
2592	2592	any educator, as defined by Section 5.001, Education Code, who has
2593	2593	fingerprints on file with the department. Any record of the
2594	2594	notification and any information contained in the notification are
2595	2595	not subject to disclosure as provided by Chapter 552.
2596	2596	SECTION 107. Section 411.097(d), Government Code, is
2597	2597	amended to read as follows:
2598	2598	(d) Criminal history record information obtained by a
2599	2599	school district, charter school, private school, service center,
2600	2600	commercial transportation company, or shared services arrangement
2601	2601	in the original form or any subsequent form:
2602	2602	(1) may not be released to any person except:
2603	2603	(A) the individual who is the subject of the
2604	2604	information;
2605	2605	(B) the Texas Education Agency;
2606	2606	(C) [the State Board for Educator Certification;
2607	2607	[(D)] the chief personnel officer of the
2608	2608	transportation company, if the information is obtained under
2609	2609	Subsection (a)(2); or
2610	2610	(D) [(E)] by court order;
2611	2611	(2) is not subject to disclosure as provided by
2612	2612	Chapter 552; and
2613	2613	(3) shall be destroyed by the school district, charter
2614	2614	school, private school, service center, commercial transportation
2615	2615	company, or shared services arrangement on the earlier of:
2616	2616	(A) the first anniversary of the date the
2617	2617	information was originally obtained; or
2618	2618	(B) the date the information is used for the
2619	2619	authorized purpose.
2620	2620	SECTION 108. Section 654.011(a), Government Code, is
2621	2621	amended to read as follows:
2622	2622	(a) The position classification plan and the salary rates
2623	2623	and provisions in the General Appropriations Act apply to all
2624	2624	hourly, part-time, temporary, and regular, full-time salaried
2625	2625	employments in the state departments, agencies, or judicial
2626	2626	entities specified in the articles of the General Appropriations
2627	2627	Act that appropriate money to:
2628	2628	(1) general government agencies;
2629	2629	(2) health and human services agencies;
2630	2630	(3) the judiciary, except for judges, district
2631	2631	attorneys, and assistant district attorneys;
2632	2632	(4) public safety and criminal justice agencies;
2633	2633	(5) natural resources agencies;
2634	2634	(6) business and economic development agencies;
2635	2635	(7) regulatory agencies; and
2636	2636	(8) agencies of public education, but only the Texas
2637	2637	Education Agency, the Texas School for the Blind and Visually
2638	2638	Impaired, [the State Board for Educator Certification,] and the
2639	2639	Texas School for the Deaf.
2640	2640	SECTION 109. Section 821.001(7), Government Code, is
2641	2641	amended to read as follows:
2642	2642	(7) "Employer" means any agents or agencies in the
2643	2643	state responsible for public education, including the governing
2644	2644	board of any school district created under the laws of this state,
2645	2645	any county school board, the board of trustees, the board of regents
2646	2646	of any college or university, or any other legally constituted
2647	2647	board or agency of any public school, but excluding the State Board
2648	2648	of Education and[,] the Texas Education Agency[, and the State
2649	2649	Board for Educator Certification].
2650	2650	SECTION 110. Section 821.103, Government Code, is amended
2651	2651	to read as follows:
2652	2652	Sec. 821.103. CANCELLATION OF TEACHER CERTIFICATE. (a)
2653	2653	After receiving notice from the board of trustees of an offense
2654	2654	under Section 821.101 and after complying with Chapter 2001 and
2655	2655	rules adopted by the commissioner of education [State Board for
2656	2656	Educator Certification], the commissioner [State Board for
2657	2657	Educator Certification] may cancel the teacher certificate of a
2658	2658	person if the commissioner [State Board for Educator Certification]
2659	2659	determines that the person committed the offense.
2660	2660	(b) The commissioner of education [executive director of
2661	2661	the State Board for Educator Certification] may enter into an
2662	2662	agreed sanction.
2663	2663	(c) A criminal prosecution of an offender under Section
2664	2664	821.101 is not a prerequisite to action by the Texas Education
2665	2665	Agency [State Board for Educator Certification] or the commissioner
2666	2666	of education [its executive director].
2667	2667	SECTION 111. Section 2054.352(a), Government Code, is
2668	2668	amended to read as follows:
2669	2669	(a) The following licensing entities shall participate in
2670	2670	the system established under Section 2054.353:
2671	2671	(1) Texas Board of Chiropractic Examiners;
2672	2672	(2) Judicial Branch Certification Commission;
2673	2673	(3) State Board of Dental Examiners;
2674	2674	(4) Texas Funeral Service Commission;
2675	2675	(5) Texas Board of Professional Land Surveying;
2676	2676	(6) Texas Medical Board;
2677	2677	(7) Texas Board of Nursing;
2678	2678	(8) Texas Optometry Board;
2679	2679	(9) Department of Agriculture, for licenses issued
2680	2680	under Chapter 1951, Occupations Code;
2681	2681	(10) Texas State Board of Pharmacy;
2682	2682	(11) Executive Council of Physical Therapy and
2683	2683	Occupational Therapy Examiners;
2684	2684	(12) Texas State Board of Plumbing Examiners;
2685	2685	(13) Texas State Board of Podiatric Medical Examiners;
2686	2686	(14) Texas State Board of Examiners of Psychologists;
2687	2687	(15) State Board of Veterinary Medical Examiners;
2688	2688	(16) Texas Real Estate Commission;
2689	2689	(17) Texas Appraiser Licensing and Certification
2690	2690	Board;
2691	2691	(18) Texas Department of Licensing and Regulation;
2692	2692	(19) Texas State Board of Public Accountancy;
2693	2693	(20) commissioner of education, for certificates
2694	2694	issued under Subchapter B, Chapter 21, Education Code [State Board
2695	2695	for Educator Certification];
2696	2696	(21) Texas Board of Professional Engineers;
2697	2697	(22) Department of State Health Services;
2698	2698	(23) Texas Board of Architectural Examiners;
2699	2699	(24) Texas Racing Commission;
2700	2700	(25) Texas Commission on Law Enforcement; and
2701	2701	(26) Texas Private Security Board.
2702	2702	SECTION 112. Section 48.102(a), Human Resources Code, is
2703	2703	amended to read as follows:
2704	2704	(a) The department shall send a written report of the
2705	2705	department's investigation of alleged abuse, neglect, or
2706	2706	exploitation of a disabled adult at a school, as appropriate, to the
2707	2707	Texas Education Agency, [the agency responsible for teacher
2708	2708	certification,] the local school board or the school's governing
2709	2709	body, and the school principal or director, unless the principal or
2710	2710	director is alleged to have committed the abuse, neglect, or
2711	2711	exploitation. The entity to which the report is sent shall take
2712	2712	appropriate action.
2713	2713	SECTION 113. Section 53.021(e), Occupations Code, is
2714	2714	amended to read as follows:
2715	2715	(e) Subsection (c) does not apply if the person is an
2716	2716	applicant for or the holder of a license that authorizes the person
2717	2717	to provide:
2718	2718	(1) law enforcement or public health, education, or
2719	2719	safety services; or
2720	2720	(2) financial services in an industry regulated by a
2721	2721	person listed in Section 411.081(i)(17) [411.081(i)(19)],
2722	2722	Government Code.
2723	2723	SECTION 114. Section 504.002(b), Occupations Code, is
2724	2724	amended to read as follows:
2725	2725	(b) This chapter does not apply to an activity or service of
2726	2726	a person who:
2727	2727	(1) is employed as a counselor by a federal
2728	2728	institution and is providing chemical dependency counseling within
2729	2729	the scope of the person's employment;
2730	2730	(2) except as provided by Section 504.1515, is a
2731	2731	student, intern, or trainee pursuing a supervised course of study
2732	2732	in counseling at a regionally accredited institution of higher
2733	2733	education or training institution, if the person:
2734	2734	(A) is designated as a "counselor intern"; and
2735	2735	(B) is engaging in the activity or providing the
2736	2736	service as part of the course of study;
2737	2737	(3) is not a resident of this state, if the person:
2738	2738	(A) engages in the activity or provides the
2739	2739	service in this state for not more than 30 days during any year; and
2740	2740	(B) is authorized to engage in the activity or
2741	2741	provide the service under the law of the state of the person's
2742	2742	residence;
2743	2743	(4) is a licensed physician, psychologist,
2744	2744	professional counselor, or social worker;
2745	2745	(5) is a religious leader of a congregation providing
2746	2746	pastoral chemical dependency counseling within the scope of the
2747	2747	person's duties;
2748	2748	(6) is working for or providing counseling with a
2749	2749	program exempt under Subchapter C, Chapter 464, Health and Safety
2750	2750	Code;
2751	2751	(7) is a school counselor certified by the
2752	2752	commissioner of education [State Board for Educator
2753	2753	Certification]; or
2754	2754	(8) provides chemical dependency counseling through a
2755	2755	program or in a facility that receives funding from the Texas
2756	2756	Department of Criminal Justice and who is credentialed as:
2757	2757	(A) a certified criminal justice addictions
2758	2758	professional by the International Certification and Reciprocity
2759	2759	Consortium; or
2760	2760	(B) having certified criminal justice
2761	2761	professional applicant status issued by the Texas Certification
2762	2762	Board of Addiction Professionals.
2763	2763	SECTION 115. (a) The following provisions of the Education
2764	2764	Code are repealed:
2765	2765	(1) Section 7.009;
2766	2766	(2) Sections 7.021(b) and (c);
2767	2767	(3) Sections 7.055(b)(1), (2), (3), (4), (5), (6),
2768	2768	(7), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19),
2769	2769	(20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30),
2770	2770	(31), (32), (34), (35), (36), (37), (38), (39), and (41);
2771	2771	(4) Section 7.055(c);
2772	2772	(5) Section 11.201(c);
2773	2773	(6) Section 11.254;
2774	2774	(7) Section 13.052;
2775	2775	(8) Section 21.007(a);
2776	2776	(9) Sections 21.032, 21.033, 21.034, 21.035, 21.036,
2777	2777	21.037, and 21.038;
2778	2778	(10) Section 21.041(a);
2779	2779	(11) Sections 21.042 and 21.043;
2780	2780	(12) Sections 21.254(c) and (d);
2781	2781	(13) Section 21.4541;
2782	2782	(14) Section 22.0831(a);
2783	2783	(15) Section 22.08391(b);
2784	2784	(16) Section 25.001(e);
2785	2785	(17) Sections 29.095, 29.096, 29.097, 29.098, and
2786	2786	29.099;
2787	2787	(18) Section 29.917;
2788	2788	(19) Section 34.015;
2789	2789	(20) Section 39.037(g);
2790	2790	(21) Sections 39.204(b), (c), (d), and (e);
2791	2791	(22) the heading to Subchapter M, Chapter 39;
2792	2792	(23) Sections 39.401, 39.402, 39.403, 39.404, 39.405,
2793	2793	39.406, 39.407, 39.408, 39.410, 39.411, 39.412, 39.414, 39.415, and
2794	2794	39.416; and
2795	2795	(24) Sections 42.152(q), (q-1), (q-2), (q-3), (q-4),
2796	2796	and (r).
2797	2797	(b) Section 411.090, Government Code, is repealed.
2798	2798	SECTION 116. (a) The State Board for Educator
2799	2799	Certification is abolished September 1, 2015. On that date, all
2800	2800	powers, duties, obligations, rights, contracts, leases, records,
2801	2801	personnel, property, and unspent and unobligated appropriations
2802	2802	and other funds of the State Board for Educator Certification are
2803	2803	transferred to the Texas Education Agency. Before that date, the
2804	2804	Texas Education Agency, with the agreement of the State Board for
2805	2805	Educator Certification, may transfer any records, personnel, or
2806	2806	property of the State Board for Educator Certification to the Texas
2807	2807	Education Agency in preparation for the transfer provided for in
2808	2808	this Act.
2809	2809	(b) The abolishment of the State Board for Educator
2810	2810	Certification does not affect the validity of a right, privilege,
2811	2811	or obligation accrued, a contract or acquisition made, any
2812	2812	liability incurred, a certificate issued, a penalty, forfeiture, or
2813	2813	punishment assessed, a rule adopted, a proceeding, investigation,
2814	2814	or remedy begun, a decision made, or other action taken by or in
2815	2815	connection with the State Board for Educator Certification. A
2816	2816	certificate issued by the State Board for Educator Certification
2817	2817	under Subchapter B, Chapter 21, Education Code, before September 1,
2818	2818	2015, is considered a certificate issued by the Texas Education
2819	2819	Agency.
2820	2820	(c) All rules, policies, procedures, and decisions of the
2821	2821	State Board for Educator Certification are continued in effect as
2822	2822	rules, policies, procedures, and decisions of the commissioner of
2823	2823	education and the Texas Education Agency until superseded by a rule
2824	2824	or other appropriate action of the Texas Education Agency.
2825	2825	(d) After the effective date of this Act, the commissioner
2826	2826	of education may adopt a rule proposed by the State Board for
2827	2827	Educator Certification before the effective date of this Act.
2828	2828	(e) Any action or proceeding before the State Board for
2829	2829	Educator Certification is transferred without change in status to
2830	2830	the commissioner of education and the Texas Education Agency, and
2831	2831	the commissioner and the agency assume, without a change in status,
2832	2832	the position of the State Board for Educator Certification in any
2833	2833	action or proceeding to which the State Board for Educator
2834	2834	Certification is a party.
2835	2835	SECTION 117. To the extent of any conflict, this Act
2836	2836	prevails over another Act of the 84th Legislature, Regular Session,
2837	2837	2015, relating to nonsubstantive additions to and corrections in
2838	2838	enacted codes.
2839	2839	SECTION 118. This Act takes effect September 1, 2015.