Texas 2015 - 84th Regular

Texas House Bill HB4041 Compare Versions

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

Old	New	Differences
1	1	84R11790 JSL-D
2	2	By: Farias H.B. No. 4041
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing the State Board for Educator Certification
8	8	and establishing the Texas State Board for Professional Educators;
9	9	authorizing the adoption of a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 21.006(g), Education Code, is amended to
12	12	read as follows:
13	13	(g) The Texas State Board for Professional Educators
14	14	[Educator Certification] shall adopt [propose] rules as necessary
15	15	to implement this section.
16	16	SECTION 2. Sections 21.007(d) and (f), Education Code, are
17	17	amended to read as follows:
18	18	(d) The board must provide an opportunity for an educator to
19	19	show cause why the notice should not be placed on the educator's
20	20	public certification records. The board shall adopt [propose]
21	21	rules establishing the length of time that a notice may remain on
22	22	the educator's public certification records before the board must:
23	23	(1) initiate a proceeding to impose a sanction on the
24	24	educator on the basis of the alleged misconduct; or
25	25	(2) remove the notice from the educator's public
26	26	certification records.
27	27	(f) The board shall adopt [propose] rules necessary to
28	28	administer this section.
29	29	SECTION 3. Section 21.031, Education Code, is amended to
30	30	read as follows:
31	31	Sec. 21.031. PURPOSE. (a) The Texas State Board for
32	32	Professional Educators [Educator Certification] is established to
33	33	recognize public school educators as professionals and to grant
34	34	educators the authority to govern the standards of their
35	35	profession. The board shall regulate and oversee all aspects of the
36	36	certification, continuing education, and standards of conduct of
37	37	public school educators.
38	38	(b) In adopting [proposing] rules under this subchapter,
39	39	the board shall ensure that all candidates for certification or
40	40	renewal of certification demonstrate the knowledge and skills
41	41	necessary to improve the performance of the diverse student
42	42	population of this state.
43	43	SECTION 4. Section 21.032, Education Code, is amended to
44	44	read as follows:
45	45	Sec. 21.032. DEFINITION. In this subchapter, "board" means
46	46	the Texas State Board for Professional Educators [Educator
47	47	Certification].
48	48	SECTION 5. Subchapter B, Chapter 21, Education Code, is
49	49	amended by adding Section 21.0321 to read as follows:
50	50	Sec. 21.0321. POWERS AND DUTIES; REFERENCES IN LAW TO
51	51	BOARD. (a) The powers and duties of the State Board for Educator
52	52	Certification under this chapter and other law shall be exercised
53	53	and performed by the Texas State Board for Professional Educators.
54	54	(b) In this chapter or other law, a reference to the State
55	55	Board for Educator Certification means the Texas State Board for
56	56	Professional Educators.
57	57	SECTION 6. The heading to Section 21.033, Education Code,
58	58	is amended to read as follows:
59	59	Sec. 21.033. TEXAS STATE BOARD FOR PROFESSIONAL EDUCATORS
60	60	[EDUCATOR CERTIFICATION].
61	61	SECTION 7. Section 21.033(a), Education Code, is amended to
62	62	read as follows:
63	63	(a) The Texas State Board for Professional Educators
64	64	[Educator Certification] is composed of 11 [14] members. [The
65	65	commissioner of education shall appoint an employee of the agency
66	66	to represent the commissioner as a nonvoting member. The
67	67	commissioner of higher education shall appoint an employee of the
68	68	Texas Higher Education Coordinating Board to represent the
69	69	commissioner as a nonvoting member.] The governor shall appoint
70	70	two members of the public as members with the advice and consent of
71	71	the senate [a dean of a college of education in this state as a
72	72	nonvoting member]. The remaining nine [11] members are appointed
73	73	by a plurality vote of each respective profession or group [the
74	74	governor with the advice and consent of the senate,] as follows:
75	75	(1) three [four] members must be teachers employed in
76	76	public schools, elected by teachers certified under this
77	77	subchapter;
78	78	(2) two members must be public school principals,
79	79	elected by principals certified under this subchapter
80	80	[administrators];
81	81	(3) one member must be a public school superintendent,
82	82	elected by superintendents certified under this subchapter;
83	83	(4) one member must be a public school counselor,
84	84	elected by public school counselors certified under this
85	85	subchapter; and
86	86	(5) two [(4) four] members must be representatives
87	87	from educator preparation programs, one of whom is elected by
88	88	representatives of alternative educator preparation programs, and
89	89	one of whom is elected by representatives of traditional educator
90	90	preparation programs [citizens, three of whom are not and have not,
91	91	in the five years preceding appointment, been employed by a public
92	92	school district or by an educator preparation program in an
93	93	institution of higher education and one of whom is not and has not
94	94	been employed by a public school district or by an educator
95	95	preparation program in an institution of higher education].
96	96	SECTION 8. Section 21.034, Education Code, is amended to
97	97	read as follows:
98	98	Sec. 21.034. TERMS; VACANCY. (a) The board members
99	99	[appointed by the governor] hold office for staggered terms of four
100	100	[six] years with the terms of one-half [one-third] of the members
101	101	expiring on February 1 of each odd-numbered year. [A member
102	102	appointed by the commissioner of education or the commissioner of
103	103	higher education serves at the will of the appointing
104	104	commissioner.]
105	105	(b) In the event of a vacancy during a term of a board member
106	106	[appointed by the governor], the governor or group that elected the
107	107	member, as applicable, shall select [appoint] a replacement who
108	108	meets the qualifications of the vacated office to fill the
109	109	unexpired portion of the term.
110	110	(c) A vacancy arises if a member [appointed by the governor]
111	111	no longer qualifies for the office to which the member was
112	112	appointed.
113	113	SECTION 9. Subchapter B, Chapter 21, Education Code, is
114	114	amended by adding Section 21.0341 to read as follows:
115	115	Sec. 21.0341. EXECUTIVE DIRECTOR; PERSONNEL. The board
116	116	shall employ an executive director. The executive director shall:
117	117	(1) perform duties as assigned by the board or
118	118	specified by law;
119	119	(2) administer and enforce all laws and rules
120	120	implemented by the board; and
121	121	(3) hire and dismiss employees of the board.
122	122	SECTION 10. Sections 21.041(b), (c), and (d), Education
123	123	Code, are amended to read as follows:
124	124	(b) The board shall adopt [propose] rules that:
125	125	(1) provide for the regulation of educators and the
126	126	general administration of this subchapter in a manner consistent
127	127	with this subchapter;
128	128	(2) specify the classes of educator certificates to be
129	129	issued, including emergency certificates;
130	130	(3) specify the period for which each class of
131	131	educator certificate is valid;
132	132	(4) specify the requirements for the issuance and
133	133	renewal of an educator certificate;
134	134	(5) provide for the issuance of an educator
135	135	certificate to a person who holds a similar certificate issued by
136	136	another state or foreign country, subject to Section 21.052;
137	137	(6) provide for special or restricted certification of
138	138	educators, including certification of instructors of American Sign
139	139	Language;
140	140	(7) provide for disciplinary proceedings, including
141	141	the suspension or revocation of an educator certificate, as
142	142	provided by Chapter 2001, Government Code;
143	143	(8) provide for the adoption, amendment, and
144	144	enforcement of an educator's code of ethics;
145	145	(9) provide for continuing education requirements;
146	146	and
147	147	(10) provide for certification of persons performing
148	148	appraisals under Subchapter H.
149	149	(c) The board shall adopt [propose] a rule establishing
150	150	[adopting] a fee for the issuance and maintenance of an educator
151	151	certificate that, when combined with any fees imposed under
152	152	Subsection (d), is adequate to cover the cost of administration of
153	153	this subchapter.
154	154	(d) The board may adopt [propose] a rule establishing
155	155	[adopting] a fee for the approval or renewal of approval of an
156	156	educator preparation program, or for the addition of a certificate
157	157	or field of certification to the scope of a program's approval. A
158	158	fee imposed under this subsection may not exceed the amount
159	159	necessary, as determined by the board, to provide for the
160	160	administrative cost of approving, renewing the approval of, and
161	161	appropriately ensuring the accountability of educator preparation
162	162	programs under this subchapter.
163	163	SECTION 11. Sections 21.044(a), (d), and (f), Education
164	164	Code, are amended to read as follows:
165	165	(a) The board shall adopt [propose] rules establishing the
166	166	training requirements a person must accomplish to obtain a
167	167	certificate, enter an internship, or enter an induction-year
168	168	program. The board shall specify the minimum academic
169	169	qualifications required for a certificate.
170	170	(d) In adopting [proposing] rules under this section, the
171	171	board shall specify that to obtain a certificate to teach an
172	172	"applied STEM course," as that term is defined by Section 28.027, at
173	173	a secondary school, a person must:
174	174	(1) pass the certification test administered by the
175	175	recognized national or international business and industry group
176	176	that created the curriculum the applied STEM course is based on; and
177	177	(2) have at a minimum:
178	178	(A) an associate degree from an accredited
179	179	institution of higher education; and
180	180	(B) three years of work experience in an
181	181	occupation for which the applied STEM course is intended to prepare
182	182	the student.
183	183	(f) The board may not adopt [propose] rules for a
184	184	certificate to teach a health science technology education course
185	185	that specify that a person must have a bachelor's degree or that
186	186	establish any other credential or teaching experience requirements
187	187	that exceed the requirements under Subsection (e).
188	188	SECTION 12. Section 21.044(e), Education Code, as added by
189	189	Chapter 1091 (H.B. 3573), Acts of the 83rd Legislature, Regular
190	190	Session, 2013, is amended to read as follows:
191	191	(e) In adopting [proposing] rules under this section for a
192	192	person to obtain a certificate to teach a health science technology
193	193	education course, the board shall specify that a person must have:
194	194	(1) an associate degree or more advanced degree from
195	195	an accredited institution of higher education;
196	196	(2) current licensure, certification, or registration
197	197	as a health professions practitioner issued by a nationally
198	198	recognized accrediting agency for health professionals; and
199	199	(3) at least two years of wage earning experience
200	200	utilizing the licensure requirement.
201	201	SECTION 13. Section 21.0441(a), Education Code, is amended
202	202	to read as follows:
203	203	(a) Rules of the board adopted [proposed] under this
204	204	subchapter must provide that a person, other than a person seeking
205	205	career and technology education certification, is not eligible for
206	206	admission to an educator preparation program, including an
207	207	alternative educator preparation program, unless the person:
208	208	(1) except as provided by Subsection (b), satisfies
209	209	minimum grade point average requirements prescribed by the board,
210	210	not to exceed the following:
211	211	(A) an overall grade point average of at least
212	212	2.75 on a four-point scale or the equivalent on any course work
213	213	previously attempted at a public or private institution of higher
214	214	education; or
215	215	(B) a grade point average of at least 2.75 on a
216	216	four-point scale or the equivalent for the last 60 semester credit
217	217	hours attempted at a public or private institution of higher
218	218	education; and
219	219	(2) if the person is seeking initial certification:
220	220	(A) has successfully completed at least:
221	221	(i) 15 semester credit hours in the
222	222	subject-specific content area in which the person is seeking
223	223	certification, if the person is seeking certification to teach
224	224	mathematics or science at or above grade level seven; or
225	225	(ii) 12 semester credit hours in the
226	226	subject-specific content area in which the person is seeking
227	227	certification, if the person is not seeking certification to teach
228	228	mathematics or science at or above grade level seven; or
229	229	(B) has achieved a satisfactory level of
230	230	performance on a content certification examination, which may be a
231	231	content certification examination administered by a vendor
232	232	approved by the commissioner for purposes of administering such an
233	233	examination for the year for which the person is applying for
234	234	admission to the program.
235	235	SECTION 14. Sections 21.045(a) and (c), Education Code, are
236	236	amended to read as follows:
237	237	(a) The board shall adopt [propose] rules establishing
238	238	standards to govern the approval and continuing accountability of
239	239	all educator preparation programs based on the following
240	240	information that is disaggregated with respect to sex and
241	241	ethnicity:
242	242	(1) results of the certification examinations
243	243	prescribed under Section 21.048(a);
244	244	(2) performance based on the appraisal system for
245	245	beginning teachers adopted by the board;
246	246	(3) achievement, including improvement in
247	247	achievement, of students taught by beginning teachers for the first
248	248	three years following certification, to the extent practicable; and
249	249	(4) compliance with board requirements regarding the
250	250	frequency, duration, and quality of structural guidance and ongoing
251	251	support provided by field supervisors to beginning teachers during
252	252	their first year in the classroom.
253	253	(c) The board shall adopt [propose] rules establishing
254	254	performance standards for the Accountability System for Educator
255	255	Preparation for accrediting educator preparation programs. At a
256	256	minimum, performance standards must be based on Subsection (a).
257	257	The board may adopt [propose] rules establishing minimum standards
258	258	for approval or renewal of approval of:
259	259	(1) educator preparation programs; or
260	260	(2) certification fields authorized to be offered by
261	261	an educator preparation program.
262	262	SECTION 15. Section 21.0451(a), Education Code, is amended
263	263	to read as follows:
264	264	(a) The board shall adopt [propose] rules for the sanction
265	265	of educator preparation programs that do not meet accountability
266	266	standards and shall annually review the accreditation status of
267	267	each educator preparation program. The rules:
268	268	(1) shall provide for the assignment of the following
269	269	accreditation statuses:
270	270	(A) not rated;
271	271	(B) accredited;
272	272	(C) accredited-warned;
273	273	(D) accredited-probation; and
274	274	(E) not accredited-revoked;
275	275	(2) may provide for the agency to take any necessary
276	276	action, including one or more of the following actions:
277	277	(A) requiring the program to obtain technical
278	278	assistance approved by the agency or board;
279	279	(B) requiring the program to obtain professional
280	280	services under contract with another person;
281	281	(C) appointing a monitor to participate in and
282	282	report to the board on the activities of the program; and
283	283	(D) if a program has been rated as
284	284	accredited-probation under the Accountability System for Educator
285	285	Preparation for a period of at least one year, revoking the approval
286	286	of the program and ordering the program to be closed, provided that
287	287	the board or agency must provide the opportunity for a hearing
288	288	before the effective date of the closure; and
289	289	(3) shall provide for the agency to revoke the
290	290	approval of the program and order the program to be closed if the
291	291	program has been rated as accredited-probation under the
292	292	Accountability System for Educator Preparation for three
293	293	consecutive years, provided that the board or agency must provide
294	294	the opportunity for a hearing before the effective date of the
295	295	closure.
296	296	SECTION 16. Section 21.0453(b), Education Code, is amended
297	297	to read as follows:
298	298	(b) The board may adopt [propose] rules as necessary for
299	299	administration of this section, including rules to ensure that
300	300	accurate and consistent information is provided by all educator
301	301	preparation programs.
302	302	SECTION 17. Section 21.048(a), Education Code, as amended
303	303	by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd
304	304	Legislature, Regular Session, 2013, is reenacted and amended to
305	305	read as follows:
306	306	(a) The board shall adopt [propose] rules prescribing
307	307	comprehensive examinations for each class of certificate issued by
308	308	the board. The commissioner [board] shall determine the
309	309	satisfactory level of performance required for each certification
310	310	examination. For the issuance of a generalist certificate, the
311	311	commissioner [board] shall require a satisfactory level of
312	312	examination performance in each core subject covered by the
313	313	examination.
314	314	SECTION 18. Section 21.049(a), Education Code, is amended
315	315	to read as follows:
316	316	(a) To provide a continuing additional source of qualified
317	317	educators, the board shall adopt [propose] rules providing for
318	318	educator certification programs as an alternative to traditional
319	319	educator preparation programs. The rules may not provide that a
320	320	person may be certified under this section only if there is a
321	321	demonstrated shortage of educators in a school district or subject
322	322	area.
323	323	SECTION 19. Section 21.050(b), Education Code, is amended
324	324	to read as follows:
325	325	(b) The board may not require more than 18 semester credit
326	326	hours of education courses at the baccalaureate level for the
327	327	granting of a teaching certificate. The board shall provide for a
328	328	minimum number of semester credit hours of internship to be
329	329	included in the hours needed for certification. The board may adopt
330	330	[propose] rules requiring additional credit hours for
331	331	certification in bilingual education, English as a second language,
332	332	early childhood education, or special education.
333	333	SECTION 20. Sections 21.051(e) and (f), Education Code, are
334	334	amended to read as follows:
335	335	(e) The board shall adopt [propose] rules relating to the
336	336	field-based experience required by Subsection (b). The
337	337	commissioner by rule shall adopt procedures and standards for
338	338	recognizing a private school under Subsection (b)(2).
339	339	(f) The board shall adopt [propose] rules providing
340	340	flexible options for persons for any field-based experience or
341	341	internship required for certification.
342	342	SECTION 21. Section 21.054(a), Education Code, is amended
343	343	to read as follows:
344	344	(a) The board shall adopt [propose] rules establishing a
345	345	process for identifying continuing education courses and programs
346	346	that fulfill educators' continuing education requirements.
347	347	SECTION 22. Section 21.057(d), Education Code, is amended
348	348	to read as follows:
349	349	(d) For purposes of this section, "inappropriately
350	350	certified or uncertified teacher":
351	351	(1) includes:
352	352	(A) an individual serving on an emergency
353	353	certificate issued under Section 21.041(b)(2); or
354	354	(B) an individual who does not hold any
355	355	certificate or permit issued under this chapter and is not employed
356	356	as specified by Subdivision (2)(E); and
357	357	(2) does not include an individual:
358	358	(A) who is a certified teacher assigned to teach
359	359	a class or classes outside his or her area of certification, as
360	360	determined by rules adopted [proposed] by the board in specifying
361	361	the certificate required for each assignment;
362	362	(B) serving on a certificate issued due to a
363	363	hearing impairment under Section 21.048;
364	364	(C) serving on a certificate issued pursuant to
365	365	enrollment in an approved alternative certification program under
366	366	Section 21.049;
367	367	(D) certified by another state or country and
368	368	serving on a certificate issued under Section 21.052;
369	369	(E) serving on a school district teaching permit
370	370	issued under Section 21.055; or
371	371	(F) employed under a waiver granted by the
372	372	commissioner pursuant to Section 7.056.
373	373	SECTION 23. Section 21.553(c), Education Code, is amended
374	374	to read as follows:
375	375	(c) The Texas State Board for Professional Educators
376	376	[Educator Certification] shall adopt [propose] rules establishing
377	377	criteria for awarding financial incentives under this section,
378	378	including criteria for awarding financial incentives if there are
379	379	more participants than funds available to provide the financial
380	380	incentives.
381	381	SECTION 24. Section 22.0831(f), Education Code, is amended
382	382	to read as follows:
383	383	(f) The board may adopt [propose] rules to implement this
384	384	section, including rules establishing:
385	385	(1) deadlines for a person to submit fingerprints and
386	386	photographs in compliance with this section; and
387	387	(2) sanctions for a person's failure to comply with the
388	388	requirements of this section, including suspension or revocation of
389	389	a certificate or refusal to issue a certificate.
390	390	SECTION 25. The following sections of the Education Code
391	391	are repealed:
392	392	(1) Section 21.035; and
393	393	(2) Section 21.042.
394	394	SECTION 26. (a) The State Board for Educator Certification
395	395	is abolished September 1, 2015. On that date, all powers, duties,
396	396	obligations, rights, contracts, leases, records, personnel,
397	397	property, and unspent and unobligated appropriations and other
398	398	funds of the State Board for Educator Certification are transferred
399	399	to the Texas State Board for Professional Educators established by
400	400	this Act. Before that date, the State Board for Educator
401	401	Certification may transfer any records, personnel, or property of
402	402	the State Board for Educator Certification to the Texas State Board
403	403	for Professional Educators in preparation for the transfer provided
404	404	for in this Act.
405	405	(b) The abolishment of the State Board for Educator
406	406	Certification does not affect the validity of a right, privilege,
407	407	or obligation accrued, a contract or acquisition made, any
408	408	liability incurred, a certificate issued, a penalty, forfeiture, or
409	409	punishment assessed, a rule adopted, a proceeding, investigation,
410	410	or remedy begun, a decision made, or other action taken by or in
411	411	connection with the State Board for Educator Certification. A
412	412	certificate issued by the State Board for Educator Certification
413	413	under Subchapter B, Chapter 21, Education Code, before September 1,
414	414	2015, is considered a certificate issued by the Texas State Board
415	415	for Professional Educators.
416	416	(c) All rules, policies, procedures, and decisions of the
417	417	State Board for Educator Certification are continued in effect as
418	418	rules, policies, procedures, and decisions of the Texas State Board
419	419	for Professional Educators until superseded by a rule or other
420	420	appropriate action of that board.
421	421	(d) After the effective date of this Act, the Texas State
422	422	Board for Professional Educators may adopt a rule proposed by the
423	423	State Board for Educator Certification before the effective date of
424	424	this Act.
425	425	(e) Any action or proceeding before the State Board for
426	426	Educator Certification is transferred without change in status to
427	427	the Texas State Board for Professional Educators, and that board
428	428	assumes, without a change in status, the position of the State Board
429	429	for Educator Certification in any action or proceeding to which the
430	430	State Board for Educator Certification is a party.
431	431	SECTION 27. This Act takes effect September 1, 2015.