84R11790 JSL-D
By: Farias H.B. No. 4041
A BILL TO BE ENTITLED
AN ACT
relating to abolishing the State Board for Educator Certification
and establishing the Texas State Board for Professional Educators;
authorizing the adoption of a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.006(g), Education Code, is amended to
read as follows:
(g) The Texas State Board for Professional Educators
[Educator Certification] shall adopt [propose] rules as necessary
to implement this section.
SECTION 2. Sections 21.007(d) and (f), Education Code, are
amended to read as follows:
(d) The board must provide an opportunity for an educator to
show cause why the notice should not be placed on the educator's
public certification records. The board shall adopt [propose]
rules establishing the length of time that a notice may remain on
the educator's public certification records before the board must:
(1) initiate a proceeding to impose a sanction on the
educator on the basis of the alleged misconduct; or
(2) remove the notice from the educator's public
certification records.
(f) The board shall adopt [propose] rules necessary to
administer this section.
SECTION 3. Section 21.031, Education Code, is amended to
read as follows:
Sec. 21.031. PURPOSE. (a) The Texas State Board for
Professional Educators [Educator Certification] is established to
recognize public school educators as professionals and to grant
educators the authority to govern the standards of their
profession. The board shall regulate and oversee all aspects of the
certification, continuing education, and standards of conduct of
public school educators.
(b) In adopting [proposing] rules under this subchapter,
the board shall ensure that all candidates for certification or
renewal of certification demonstrate the knowledge and skills
necessary to improve the performance of the diverse student
population of this state.
SECTION 4. Section 21.032, Education Code, is amended to
read as follows:
Sec. 21.032. DEFINITION. In this subchapter, "board" means
the Texas State Board for Professional Educators [Educator
Certification].
SECTION 5. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0321 to read as follows:
Sec. 21.0321. POWERS AND DUTIES; REFERENCES IN LAW TO
BOARD. (a) The powers and duties of the State Board for Educator
Certification under this chapter and other law shall be exercised
and performed by the Texas State Board for Professional Educators.
(b) In this chapter or other law, a reference to the State
Board for Educator Certification means the Texas State Board for
Professional Educators.
SECTION 6. The heading to Section 21.033, Education Code,
is amended to read as follows:
Sec. 21.033. TEXAS STATE BOARD FOR PROFESSIONAL EDUCATORS
[EDUCATOR CERTIFICATION].
SECTION 7. Section 21.033(a), Education Code, is amended to
read as follows:
(a) The Texas State Board for Professional Educators
[Educator Certification] is composed of 11 [14] members. [The
commissioner of education shall appoint an employee of the agency
to represent the commissioner as a nonvoting member. The
commissioner of higher education shall appoint an employee of the
Texas Higher Education Coordinating Board to represent the
commissioner as a nonvoting member.] The governor shall appoint
two members of the public as members with the advice and consent of
the senate [a dean of a college of education in this state as a
nonvoting member]. The remaining nine [11] members are appointed
by a plurality vote of each respective profession or group [the
governor with the advice and consent of the senate,] as follows:
(1) three [four] members must be teachers employed in
public schools, elected by teachers certified under this
subchapter;
(2) two members must be public school principals,
elected by principals certified under this subchapter
[administrators];
(3) one member must be a public school superintendent,
elected by superintendents certified under this subchapter;
(4) one member must be a public school counselor,
elected by public school counselors certified under this
subchapter; and
(5) two [(4) four] members must be representatives
from educator preparation programs, one of whom is elected by
representatives of alternative educator preparation programs, and
one of whom is elected by representatives of traditional educator
preparation programs [citizens, three of whom are not and have not,
in the five years preceding appointment, been employed by a public
school district or by an educator preparation program in an
institution of higher education and one of whom is not and has not
been employed by a public school district or by an educator
preparation program in an institution of higher education].
SECTION 8. Section 21.034, Education Code, is amended to
read as follows:
Sec. 21.034. TERMS; VACANCY. (a) The board members
[appointed by the governor] hold office for staggered terms of four
[six] years with the terms of one-half [one-third] of the members
expiring on February 1 of each odd-numbered year. [A member
appointed by the commissioner of education or the commissioner of
higher education serves at the will of the appointing
commissioner.]
(b) In the event of a vacancy during a term of a board member
[appointed by the governor], the governor or group that elected the
member, as applicable, shall select [appoint] a replacement who
meets the qualifications of the vacated office to fill the
unexpired portion of the term.
(c) A vacancy arises if a member [appointed by the governor]
no longer qualifies for the office to which the member was
appointed.
SECTION 9. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0341 to read as follows:
Sec. 21.0341. EXECUTIVE DIRECTOR; PERSONNEL. The board
shall employ an executive director. The executive director shall:
(1) perform duties as assigned by the board or
specified by law;
(2) administer and enforce all laws and rules
implemented by the board; and
(3) hire and dismiss employees of the board.
SECTION 10. Sections 21.041(b), (c), and (d), Education
Code, are amended to read as follows:
(b) The board shall adopt [propose] rules that:
(1) provide for the regulation of educators and the
general administration of this subchapter in a manner consistent
with this subchapter;
(2) specify the classes of educator certificates to be
issued, including emergency certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language;
(7) provide for disciplinary proceedings, including
the suspension or revocation of an educator certificate, as
provided by Chapter 2001, Government Code;
(8) provide for the adoption, amendment, and
enforcement of an educator's code of ethics;
(9) provide for continuing education requirements;
and
(10) provide for certification of persons performing
appraisals under Subchapter H.
(c) The board shall adopt [propose] a rule establishing
[adopting] a fee for the issuance and maintenance of an educator
certificate that, when combined with any fees imposed under
Subsection (d), is adequate to cover the cost of administration of
this subchapter.
(d) The board may adopt [propose] a rule establishing
[adopting] a fee for the approval or renewal of approval of an
educator preparation program, or for the addition of a certificate
or field of certification to the scope of a program's approval. A
fee imposed under this subsection may not exceed the amount
necessary, as determined by the board, to provide for the
administrative cost of approving, renewing the approval of, and
appropriately ensuring the accountability of educator preparation
programs under this subchapter.
SECTION 11. Sections 21.044(a), (d), and (f), Education
Code, are amended to read as follows:
(a) The board shall adopt [propose] rules establishing the
training requirements a person must accomplish to obtain a
certificate, enter an internship, or enter an induction-year
program. The board shall specify the minimum academic
qualifications required for a certificate.
(d) In adopting [proposing] rules under this section, the
board shall specify that to obtain a certificate to teach an
"applied STEM course," as that term is defined by Section 28.027, at
a secondary school, a person must:
(1) pass the certification test administered by the
recognized national or international business and industry group
that created the curriculum the applied STEM course is based on; and
(2) have at a minimum:
(A) an associate degree from an accredited
institution of higher education; and
(B) three years of work experience in an
occupation for which the applied STEM course is intended to prepare
the student.
(f) The board may not adopt [propose] rules for a
certificate to teach a health science technology education course
that specify that a person must have a bachelor's degree or that
establish any other credential or teaching experience requirements
that exceed the requirements under Subsection (e).
SECTION 12. Section 21.044(e), Education Code, as added by
Chapter 1091 (H.B. 3573), Acts of the 83rd Legislature, Regular
Session, 2013, is amended to read as follows:
(e) In adopting [proposing] rules under this section for a
person to obtain a certificate to teach a health science technology
education course, the board shall specify that a person must have:
(1) an associate degree or more advanced degree from
an accredited institution of higher education;
(2) current licensure, certification, or registration
as a health professions practitioner issued by a nationally
recognized accrediting agency for health professionals; and
(3) at least two years of wage earning experience
utilizing the licensure requirement.
SECTION 13. Section 21.0441(a), Education Code, is amended
to read as follows:
(a) Rules of the board adopted [proposed] under this
subchapter must provide that a person, other than a person seeking
career and technology education certification, is not eligible for
admission to an educator preparation program, including an
alternative educator preparation program, unless the person:
(1) except as provided by Subsection (b), satisfies
minimum grade point average requirements prescribed by the board,
not to exceed the following:
(A) an overall grade point average of at least
2.75 on a four-point scale or the equivalent on any course work
previously attempted at a public or private institution of higher
education; or
(B) a grade point average of at least 2.75 on a
four-point scale or the equivalent for the last 60 semester credit
hours attempted at a public or private institution of higher
education; and
(2) if the person is seeking initial certification:
(A) has successfully completed at least:
(i) 15 semester credit hours in the
subject-specific content area in which the person is seeking
certification, if the person is seeking certification to teach
mathematics or science at or above grade level seven; or
(ii) 12 semester credit hours in the
subject-specific content area in which the person is seeking
certification, if the person is not seeking certification to teach
mathematics or science at or above grade level seven; or
(B) has achieved a satisfactory level of
performance on a content certification examination, which may be a
content certification examination administered by a vendor
approved by the commissioner for purposes of administering such an
examination for the year for which the person is applying for
admission to the program.
SECTION 14. Sections 21.045(a) and (c), Education Code, are
amended to read as follows:
(a) The board shall adopt [propose] rules establishing
standards to govern the approval and continuing accountability of
all educator preparation programs based on the following
information that is disaggregated with respect to sex and
ethnicity:
(1) results of the certification examinations
prescribed under Section 21.048(a);
(2) performance based on the appraisal system for
beginning teachers adopted by the board;
(3) achievement, including improvement in
achievement, of students taught by beginning teachers for the first
three years following certification, to the extent practicable; and
(4) compliance with board requirements regarding the
frequency, duration, and quality of structural guidance and ongoing
support provided by field supervisors to beginning teachers during
their first year in the classroom.
(c) The board shall adopt [propose] rules establishing
performance standards for the Accountability System for Educator
Preparation for accrediting educator preparation programs. At a
minimum, performance standards must be based on Subsection (a).
The board may adopt [propose] rules establishing minimum standards
for approval or renewal of approval of:
(1) educator preparation programs; or
(2) certification fields authorized to be offered by
an educator preparation program.
SECTION 15. Section 21.0451(a), Education Code, is amended
to read as follows:
(a) The board shall adopt [propose] rules for the sanction
of educator preparation programs that do not meet accountability
standards and shall annually review the accreditation status of
each educator preparation program. The rules:
(1) shall provide for the assignment of the following
accreditation statuses:
(A) not rated;
(B) accredited;
(C) accredited-warned;
(D) accredited-probation; and
(E) not accredited-revoked;
(2) may provide for the agency to take any necessary
action, including one or more of the following actions:
(A) requiring the program to obtain technical
assistance approved by the agency or board;
(B) requiring the program to obtain professional
services under contract with another person;
(C) appointing a monitor to participate in and
report to the board on the activities of the program; and
(D) if a program has been rated as
accredited-probation under the Accountability System for Educator
Preparation for a period of at least one year, revoking the approval
of the program and ordering the program to be closed, provided that
the board or agency must provide the opportunity for a hearing
before the effective date of the closure; and
(3) shall provide for the agency to revoke the
approval of the program and order the program to be closed if the
program has been rated as accredited-probation under the
Accountability System for Educator Preparation for three
consecutive years, provided that the board or agency must provide
the opportunity for a hearing before the effective date of the
closure.
SECTION 16. Section 21.0453(b), Education Code, is amended
to read as follows:
(b) The board may adopt [propose] rules as necessary for
administration of this section, including rules to ensure that
accurate and consistent information is provided by all educator
preparation programs.
SECTION 17. Section 21.048(a), Education Code, as amended
by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
(a) The board shall adopt [propose] rules prescribing
comprehensive examinations for each class of certificate issued by
the board. The commissioner [board] shall determine the
satisfactory level of performance required for each certification
examination. For the issuance of a generalist certificate, the
commissioner [board] shall require a satisfactory level of
examination performance in each core subject covered by the
examination.
SECTION 18. Section 21.049(a), Education Code, is amended
to read as follows:
(a) To provide a continuing additional source of qualified
educators, the board shall adopt [propose] rules providing for
educator certification programs as an alternative to traditional
educator preparation programs. The rules may not provide that a
person may be certified under this section only if there is a
demonstrated shortage of educators in a school district or subject
area.
SECTION 19. Section 21.050(b), Education Code, is amended
to read as follows:
(b) The board may not require more than 18 semester credit
hours of education courses at the baccalaureate level for the
granting of a teaching certificate. The board shall provide for a
minimum number of semester credit hours of internship to be
included in the hours needed for certification. The board may adopt
[propose] rules requiring additional credit hours for
certification in bilingual education, English as a second language,
early childhood education, or special education.
SECTION 20. Sections 21.051(e) and (f), Education Code, are
amended to read as follows:
(e) The board shall adopt [propose] rules relating to the
field-based experience required by Subsection (b). The
commissioner by rule shall adopt procedures and standards for
recognizing a private school under Subsection (b)(2).
(f) The board shall adopt [propose] rules providing
flexible options for persons for any field-based experience or
internship required for certification.
SECTION 21. Section 21.054(a), Education Code, is amended
to read as follows:
(a) The board shall adopt [propose] rules establishing a
process for identifying continuing education courses and programs
that fulfill educators' continuing education requirements.
SECTION 22. Section 21.057(d), Education Code, is amended
to read as follows:
(d) For purposes of this section, "inappropriately
certified or uncertified teacher":
(1) includes:
(A) an individual serving on an emergency
certificate issued under Section 21.041(b)(2); or
(B) an individual who does not hold any
certificate or permit issued under this chapter and is not employed
as specified by Subdivision (2)(E); and
(2) does not include an individual:
(A) who is a certified teacher assigned to teach
a class or classes outside his or her area of certification, as
determined by rules adopted [proposed] by the board in specifying
the certificate required for each assignment;
(B) serving on a certificate issued due to a
hearing impairment under Section 21.048;
(C) serving on a certificate issued pursuant to
enrollment in an approved alternative certification program under
Section 21.049;
(D) certified by another state or country and
serving on a certificate issued under Section 21.052;
(E) serving on a school district teaching permit
issued under Section 21.055; or
(F) employed under a waiver granted by the
commissioner pursuant to Section 7.056.
SECTION 23. Section 21.553(c), Education Code, is amended
to read as follows:
(c) The Texas State Board for Professional Educators
[Educator Certification] shall adopt [propose] rules establishing
criteria for awarding financial incentives under this section,
including criteria for awarding financial incentives if there are
more participants than funds available to provide the financial
incentives.
SECTION 24. Section 22.0831(f), Education Code, is amended
to read as follows:
(f) The board may adopt [propose] rules to implement this
section, including rules establishing:
(1) deadlines for a person to submit fingerprints and
photographs in compliance with this section; and
(2) sanctions for a person's failure to comply with the
requirements of this section, including suspension or revocation of
a certificate or refusal to issue a certificate.
SECTION 25. The following sections of the Education Code
are repealed:
(1) Section 21.035; and
(2) Section 21.042.
SECTION 26. (a) The State Board for Educator Certification
is abolished September 1, 2015. On that date, all powers, duties,
obligations, rights, contracts, leases, records, personnel,
property, and unspent and unobligated appropriations and other
funds of the State Board for Educator Certification are transferred
to the Texas State Board for Professional Educators established by
this Act. Before that date, the State Board for Educator
Certification may transfer any records, personnel, or property of
the State Board for Educator Certification to the Texas State Board
for Professional Educators in preparation for the transfer provided
for in this Act.
(b) The abolishment of the State Board for Educator
Certification does not affect the validity of a right, privilege,
or obligation accrued, a contract or acquisition made, any
liability incurred, a certificate issued, a penalty, forfeiture, or
punishment assessed, a rule adopted, a proceeding, investigation,
or remedy begun, a decision made, or other action taken by or in
connection with the State Board for Educator Certification. A
certificate issued by the State Board for Educator Certification
under Subchapter B, Chapter 21, Education Code, before September 1,
2015, is considered a certificate issued by the Texas State Board
for Professional Educators.
(c) All rules, policies, procedures, and decisions of the
State Board for Educator Certification are continued in effect as
rules, policies, procedures, and decisions of the Texas State Board
for Professional Educators until superseded by a rule or other
appropriate action of that board.
(d) After the effective date of this Act, the Texas State
Board for Professional Educators may adopt a rule proposed by the
State Board for Educator Certification before the effective date of
this Act.
(e) Any action or proceeding before the State Board for
Educator Certification is transferred without change in status to
the Texas State Board for Professional Educators, and that board
assumes, without a change in status, the position of the State Board
for Educator Certification in any action or proceeding to which the
State Board for Educator Certification is a party.
SECTION 27. This Act takes effect September 1, 2015.