| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the continuation and functions of the Texas Education |
|
|
Agency and to the abolition of the State Board for Educator |
|
|
Certification and the transfer of its functions to the Texas |
|
|
Education Agency; providing for the ad valorem tax rate to be |
|
|
imposed after annexation of an insolvent or inoperative school |
|
|
district. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 7.004, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 7.004. SUNSET PROVISION. The Texas Education Agency |
|
|
is subject to Chapter 325, Government Code (Texas Sunset Act). |
|
|
Unless continued in existence as provided by that chapter, the |
|
|
agency is abolished September 1, 2027 [2015]. |
|
|
SECTION 2. Section 7.021(a), Education Code, is amended to |
|
|
read as follows: |
|
|
(a) The agency shall: |
|
|
(1) distribute state and federal funding to public |
|
|
schools and ensure the proper use of those funds; |
|
|
(2) monitor public schools for compliance with state |
|
|
and federal guidelines, subject to the limitations in Section |
|
|
7.028; |
|
|
(3) administer the statewide standardized testing |
|
|
program and accountability systems; |
|
|
(4) provide assistance to and impose interventions and |
|
|
sanctions on public schools that consistently fail to meet state or |
|
|
federal accountability standards; |
|
|
(5) provide support to the board in developing |
|
|
statewide curriculum standards, adopting instructional materials, |
|
|
managing the instructional materials allotment and distribution |
|
|
process, and carrying out duties related to the permanent school |
|
|
fund; |
|
|
(6) collect, analyze, and make accessible a wide array |
|
|
of educational and financial data from public schools; |
|
|
(7) ensure the quality of public school educators by |
|
|
certifying educators, regulating educator preparation programs, |
|
|
and taking enforcement action in cases of educator misconduct; and |
|
|
(8) carry out any other duties imposed on the agency by |
|
|
the legislature consistent with the agency's appropriations and |
|
|
mission [perform the educational functions provided by Subsection
|
|
|
(b)]. |
|
|
SECTION 3. Subchapter B, Chapter 7, Education Code, is |
|
|
amended by adding Section 7.0235 to read as follows: |
|
|
Sec. 7.0235. RESTRICTIONS ON AGENCY EMPLOYMENT. (a) In |
|
|
this section, "Texas trade association" means a cooperative and |
|
|
voluntarily joined statewide association of business or |
|
|
professional competitors in this state designed to assist its |
|
|
members and its industry or profession in dealing with mutual |
|
|
business or professional problems and in promoting their common |
|
|
interest. |
|
|
(b) A person may not be an agency employee employed in a |
|
|
"bona fide executive, administrative, or professional capacity," |
|
|
as that phrase is used for purposes of establishing an exemption to |
|
|
the overtime provisions of the federal Fair Labor Standards Act of |
|
|
1938 (29 U.S.C. Section 201 et seq.), if: |
|
|
(1) the person is an officer, employee, or paid |
|
|
consultant of a Texas trade association in the field of elementary |
|
|
or secondary education; or |
|
|
(2) the person's spouse is an officer, manager, or paid |
|
|
consultant of a Texas trade association in the field of elementary |
|
|
or secondary education. |
|
|
(c) A person may not act as the general counsel to the |
|
|
commissioner or the agency if the person is required to register as |
|
|
a lobbyist under Chapter 305, Government Code, because of the |
|
|
person's activities for compensation on behalf of a profession |
|
|
related to the operation of the agency. |
|
|
SECTION 4. Subchapter B, Chapter 7, Education Code, is |
|
|
amended by adding Sections 7.034, 7.035, and 7.036 to read as |
|
|
follows: |
|
|
Sec. 7.034. PUBLIC INVOLVEMENT POLICY. The agency shall |
|
|
develop and implement a policy regarding public involvement with |
|
|
the agency. The policy must: |
|
|
(1) describe how the agency will proactively engage |
|
|
stakeholders; |
|
|
(2) distinguish the purposes and appropriate uses of |
|
|
advisory committees and informal work groups, including by |
|
|
specifying that an informal work group: |
|
|
(A) is not subject to Chapter 2110, Government |
|
|
Code; and |
|
|
(B) must have a well-defined purpose and follow |
|
|
specific timelines for completing tasks; |
|
|
(3) identify actions the agency will take that exceed |
|
|
the minimum open meetings requirements under Chapter 551, |
|
|
Government Code; |
|
|
(4) include a strategy for providing updated |
|
|
information regarding advisory committees and issues of concern to |
|
|
stakeholders through the agency's Internet website; and |
|
|
(5) describe how public input will affect agency |
|
|
decisions, including by providing information regarding the |
|
|
specific outcomes for all types of public input. |
|
|
Sec. 7.035. COMPLAINTS. (a) The agency shall maintain a |
|
|
system to promptly and efficiently act on complaints filed with the |
|
|
agency. The agency shall maintain information about parties to the |
|
|
complaint, the subject matter of the complaint, a summary of the |
|
|
results of the review or investigation of the complaint, and its |
|
|
disposition. |
|
|
(b) The agency shall make information available describing |
|
|
its procedures for complaint investigation and resolution. |
|
|
(c) The agency shall periodically notify the complaint |
|
|
parties of the status of the complaint until final disposition. |
|
|
Sec. 7.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
|
|
RESOLUTION. (a) The agency shall develop a policy to encourage the |
|
|
use of: |
|
|
(1) negotiated rulemaking procedures under Chapter |
|
|
2008, Government Code, for the adoption of agency rules; and |
|
|
(2) appropriate alternative dispute resolution |
|
|
procedures under Chapter 2009, Government Code, to assist in the |
|
|
resolution of internal and external disputes under the agency's |
|
|
jurisdiction. |
|
|
(b) The agency's procedures relating to alternative dispute |
|
|
resolution must conform, to the extent possible, to any model |
|
|
guidelines issued by the State Office of Administrative Hearings |
|
|
for the use of alternative dispute resolution by state agencies. |
|
|
(c) The agency shall: |
|
|
(1) coordinate the implementation of the policy |
|
|
adopted under Subsection (a); |
|
|
(2) provide training as needed to implement the |
|
|
procedures for negotiated rulemaking or alternative dispute |
|
|
resolution; and |
|
|
(3) collect data concerning the effectiveness of those |
|
|
procedures. |
|
|
SECTION 5. Section 7.055(a), Education Code, is amended to |
|
|
read as follows: |
|
|
(a) The commissioner shall: |
|
|
(1) serve as the educational leader of the state; |
|
|
(2) serve as executive officer of the agency, with |
|
|
authority to: |
|
|
(A) employ division heads and any other employees |
|
|
and clerks necessary to perform the duties of the agency; |
|
|
(B) delegate ministerial and executive functions |
|
|
to agency staff; |
|
|
(C) appoint advisory committees, in accordance |
|
|
with Chapter 2110, Government Code, as necessary to advise the |
|
|
commissioner in carrying out the duties and mission of the agency; |
|
|
and |
|
|
(D) appoint an internal auditor for the agency; |
|
|
and |
|
|
(3) carry out the duties imposed on the commissioner |
|
|
by the legislature [has the powers and duties provided by
|
|
|
Subsection (b)]. |
|
|
SECTION 6. Section 7.055(b)(9), Education Code, is |
|
|
transferred to Subchapter A, Chapter 7, Education Code, |
|
|
redesignated as Section 7.011, Education Code, and amended to read |
|
|
as follows: |
|
|
Sec. 7.011. TEXAS SCHOOL LAW BULLETIN. [(9)] The |
|
|
commissioner shall have a bulletin [manual] published at least once |
|
|
every two years that contains Title 1 and this title, any other |
|
|
provisions of this code relating specifically to public primary or |
|
|
secondary education, and an appendix of all other state laws |
|
|
relating to public primary or secondary education. The |
|
|
commissioner [and] shall provide for the distribution of the |
|
|
bulletin [manual] as determined by the board. |
|
|
SECTION 7. Section 7.055(b)(40), Education Code, is |
|
|
transferred to Subchapter A, Chapter 21, Education Code, |
|
|
redesignated as Section 21.011, Education Code, and amended to read |
|
|
as follows: |
|
|
Sec. 21.011. SUSPENSION RELATING TO COLLECTIVE BARGAINING |
|
|
OR STRIKES. [(40)] The commissioner shall suspend the certificate |
|
|
of an educator or permit of a teacher who violates Chapter 617, |
|
|
Government Code. |
|
|
SECTION 8. Subchapter C, Chapter 7, Education Code, is |
|
|
amended by adding Section 7.066 to read as follows: |
|
|
Sec. 7.066. ADVISORY COMMITTEE RULES. (a) The |
|
|
commissioner shall adopt rules, in compliance with Chapter 2110, |
|
|
Government Code, regarding an advisory committee that primarily |
|
|
functions to advise the commissioner or the agency, including rules |
|
|
governing an advisory committee's purpose, tasks, reporting |
|
|
requirements, and abolishment date. |
|
|
(b) The commissioner may adopt rules under this section |
|
|
regarding an advisory committee's: |
|
|
(1) size and quorum requirements; |
|
|
(2) qualifications for membership, including |
|
|
experience requirements and geographic representation; |
|
|
(3) appointment procedures; |
|
|
(4) terms of service; and |
|
|
(5) compliance with the requirements for open meetings |
|
|
under Chapter 551, Government Code. |
|
|
SECTION 9. Section 12.1014(f), Education Code, is amended |
|
|
to read as follows: |
|
|
(f) The commissioner [and the State Board for Educator
|
|
|
Certification] shall adopt rules as necessary to administer this |
|
|
section. |
|
|
SECTION 10. Section 12.107(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) A charter holder shall deliver to the agency a copy of a |
|
|
direct deposit form that identifies [the depository contract
|
|
|
between the charter holder and] any bank into which state funds are |
|
|
deposited. |
|
|
SECTION 11. Section 12.118, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 12.118. EVALUATION OF OPEN-ENROLLMENT CHARTER |
|
|
SCHOOLS. (a) The commissioner shall designate an impartial |
|
|
organization with experience in evaluating school choice programs |
|
|
to conduct an [annual] evaluation of open-enrollment charter |
|
|
schools once every four years. |
|
|
(b) An evaluation under this section must include an |
|
|
evaluation of cost, performance, or [consideration of the following
|
|
|
items before implementing the charter and after implementing the
|
|
|
charter:
|
|
|
[(1)
students' scores on assessment instruments
|
|
|
administered under Subchapter B, Chapter 39;
|
|
|
[(2) student attendance;
|
|
|
[(3) students' grades;
|
|
|
[(4) incidents involving student discipline;
|
|
|
[(5) socioeconomic data on students' families;
|
|
|
[(6)
parents' satisfaction with their children's
|
|
|
schools; and
|
|
|
[(7) students' satisfaction with their schools.
|
|
|
[(c)
The evaluation of open-enrollment charter schools must
|
|
|
also include an evaluation of:
|
|
|
[(1)
the costs of instruction, administration, and
|
|
|
transportation incurred by open-enrollment charter schools;
|
|
|
[(2)
the effect of open-enrollment charter schools on
|
|
|
school districts and on teachers, students, and parents in those
|
|
|
districts; and
|
|
|
[(3)] other issues, as determined by the commissioner. |
|
|
(c) Not later than December 1 of each year in which an |
|
|
evaluation is conducted under Subsection (a), the agency shall |
|
|
submit a report to the legislature regarding the findings of an |
|
|
evaluation conducted under this section. The report must include |
|
|
appropriate recommendations, as determined by the agency, to |
|
|
improve the performance and regulation of open-enrollment charter |
|
|
schools. |
|
|
(c-1) The agency shall submit the first report required |
|
|
under Subsection (c) not later than December 1, 2018. This |
|
|
subsection expires January 1, 2019. |
|
|
SECTION 12. Section 13.005(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) Except as provided by this section, Section 13.054, or |
|
|
[by] a local consolidation agreement under Section 13.158, the |
|
|
annexation of all or part of the territory of one district to |
|
|
another is effective on the first July 1 that is more than 30 days |
|
|
after the date of the order or ordinance accomplishing the |
|
|
annexation or of the declaration of the results of an election at |
|
|
which the transfer is approved. |
|
|
SECTION 13. Subchapter B, Chapter 13, Education Code, is |
|
|
amended by adding Section 13.0521 to read as follows: |
|
|
Sec. 13.0521. INSOLVENT OR INOPERATIVE DISTRICT. (a) The |
|
|
board of trustees of a school district may notify the commissioner |
|
|
that the district is unable to complete the current or subsequent |
|
|
school year for financial or other reasons. On notification, the |
|
|
commissioner shall investigate the finances and other |
|
|
circumstances of the district. If the commissioner determines that |
|
|
the district is unable to complete the current or subsequent school |
|
|
year, the commissioner shall report the district to the |
|
|
commissioners court of each county that contains district territory |
|
|
for annexation as provided by this section. |
|
|
(b) If a district has failed to operate school for 10 or more |
|
|
days of its regular school year, the commissioner shall notify the |
|
|
district that it is subject to annexation under this section. The |
|
|
commissioner shall require the district to submit a plan not later |
|
|
than the 10th day after the date the commissioner provides |
|
|
notification describing how the district will complete the current |
|
|
school year and subsequent school year. If the district fails to |
|
|
submit a plan, or if the commissioner, after evaluating the |
|
|
district's plan, determines that the district cannot reasonably be |
|
|
expected to complete the current or subsequent school year, the |
|
|
commissioner shall report the district to the commissioners court |
|
|
of each county that contains district territory for annexation as |
|
|
provided by this section. |
|
|
(c) Each commissioners court by order shall annex district |
|
|
territory within the county to one or more other districts in the |
|
|
county or to a contiguous district in an adjacent county, provided |
|
|
that the commissioners court of the adjacent county consents to the |
|
|
annexation. An annexation under this section must occur in an open |
|
|
meeting with opportunity for public comment. |
|
|
(d) If a commissioners court fails to order annexation of |
|
|
district territory on or before the 60th day after the date the |
|
|
commissioner reports the district to the commissioners court, the |
|
|
commissioner shall order annexation of the territory to one or more |
|
|
other districts. The commissioner may annex the territory to a |
|
|
district in the same county or to a contiguous district in an |
|
|
adjacent county. |
|
|
(e) The commissioners court or the commissioner, as |
|
|
applicable, shall specify the effective date for the annexation, |
|
|
which may not be later than the first anniversary of the date of the |
|
|
annexation order. The order shall identify the district or |
|
|
districts required to serve students residing in the district to be |
|
|
annexed through any school year that begins before the effective |
|
|
date of the annexation. A district required to serve students under |
|
|
this subsection shall provide services equivalent to those provided |
|
|
to the district's other students and shall be entitled to funding |
|
|
for the attendance and transportation of students served as |
|
|
required by the order. |
|
|
(f) The annexation order shall define by legal boundary |
|
|
description the resulting territory of each district to which |
|
|
territory is annexed and shall be recorded in the minutes of the |
|
|
commissioners court. |
|
|
(g) The governing board of a district to which territory is |
|
|
annexed is the governing board for the resulting district. |
|
|
(h) Title to real property of the annexed district vests in |
|
|
the district to which the property is annexed. Each district to |
|
|
which territory is annexed assumes and is liable for any portion of |
|
|
the annexed district's indebtedness that is allocated to the |
|
|
receiving district under Section 13.004. |
|
|
(i) A district to which territory is annexed under this |
|
|
section is entitled to incentive aid under Section 13.281, as |
|
|
determined by the commissioner, as if the district were created |
|
|
through consolidation. |
|
|
(j) The annexation order shall provide for taxation of the |
|
|
territory annexed during the year in which the annexation takes |
|
|
place. Unless a different rate is required by Section 3-b, Article |
|
|
VII, Texas Constitution, the order shall provide for a levy of a tax |
|
|
at a rate equal to the maintenance and operations tax rate of the |
|
|
district to which the territory is annexed, plus any required |
|
|
interest and sinking fund tax. |
|
|
(k) Except as otherwise provided by this subsection, this |
|
|
section does not affect the authority of the board of trustees of a |
|
|
district subject to annexation under this section to pursue |
|
|
consolidation under Subchapter D of this chapter or Subchapter B, |
|
|
Chapter 41. Actions authorized under this section may be taken |
|
|
pending the outcome of an election to consolidate districts under |
|
|
Subchapter D of this chapter or a decision to consolidate under |
|
|
Subchapter B, Chapter 41. An election to consolidate or a decision |
|
|
to consolidate under Subchapter B, Chapter 41, that occurs not |
|
|
later than the 60th day following the date an annexation order is |
|
|
entered under this section prevails over the annexation order if |
|
|
the proposition for consolidation is adopted in both districts, |
|
|
provided that a district required to serve students under |
|
|
Subsection (e) shall allow any student to attend school through the |
|
|
completion of the school year in which the effective date of a |
|
|
consolidation occurs. An election to consolidate or a decision to |
|
|
consolidate under Subchapter B, Chapter 41, that occurs later than |
|
|
the 60th day following the date an annexation order is entered under |
|
|
this section is void. |
|
|
(l) Notwithstanding Section 13.009, a determination by the |
|
|
commissioner or a commissioners court under this section is final |
|
|
and may not be appealed. |
|
|
(m) The commissioner may adopt rules to implement this |
|
|
section. |
|
|
SECTION 14. Section 13.054, Education Code, is amended by |
|
|
amending Subsections (a), (b), and (d) and adding Subsection (h) to |
|
|
read as follows: |
|
|
(a) The commissioner by order may annex to one or more |
|
|
[adjoining] districts a school district that has received an |
|
|
accreditation status of accredited-warned or accredited-probation, |
|
|
has failed to satisfy any standard under Section 39.054(e), or has |
|
|
failed to satisfy financial accountability standards as determined |
|
|
by commissioner rule [been rated as academically unacceptable] for |
|
|
a period of two consecutive years. |
|
|
(b) The governing board of a district to which territory [of
|
|
|
an academically unacceptable district] is annexed is the governing |
|
|
board for the new district. |
|
|
(d) Title to the real property of the [academically
|
|
|
unacceptable] district to be annexed vests in the district to which |
|
|
the property is annexed. Each district to which territory is |
|
|
annexed assumes and is liable for any portion of the [academically
|
|
|
unacceptable district's] indebtedness of the district to be annexed |
|
|
that is allocated to the receiving district under Section 13.004. |
|
|
(h) Notwithstanding Section 13.005, the commissioner may |
|
|
provide for an alternate effective date for an annexation under |
|
|
this section if the alternate date is in the best interest of |
|
|
students. |
|
|
SECTION 15. Sections 21.0031(a), (b-1), and (f), Education |
|
|
Code, are amended to read as follows: |
|
|
(a) An employee's probationary, continuing, or term |
|
|
contract under this chapter is void if the employee: |
|
|
(1) does not hold a valid certificate or permit issued |
|
|
by the commissioner [State Board for Educator Certification]; |
|
|
(2) fails to fulfill the requirements necessary to |
|
|
renew or extend the employee's temporary, probationary, or |
|
|
emergency certificate or any other certificate or permit issued |
|
|
under Subchapter B; or |
|
|
(3) fails to comply with any requirement under |
|
|
Subchapter C, Chapter 22, if the failure results in suspension or |
|
|
revocation of the employee's certificate under Section |
|
|
22.0831(f)(2). |
|
|
(b-1) A school district may not terminate or suspend under |
|
|
Subsection (b) an employee whose contract is void under Subsection |
|
|
(a)(1) or (2) because the employee failed to renew or extend the |
|
|
employee's certificate or permit if the employee: |
|
|
(1) requests an extension from the commissioner [State
|
|
|
Board for Educator Certification] to renew, extend, or otherwise |
|
|
validate the employee's certificate or permit; and |
|
|
(2) not later than the 10th day after the date the |
|
|
contract is void, takes necessary measures to renew, extend, or |
|
|
otherwise validate the employee's certificate or permit, as |
|
|
determined by the commissioner [State Board for Educator
|
|
|
Certification]. |
|
|
(f) For purposes of this section, a certificate or permit is |
|
|
not considered to have expired if: |
|
|
(1) the employee has completed the requirements for |
|
|
renewal of the certificate or permit; |
|
|
(2) the employee submitted the request for renewal |
|
|
prior to the expiration date; and |
|
|
(3) the date the certificate or permit would have |
|
|
expired is before the date the commissioner [State Board for
|
|
|
Educator Certification] takes action to approve the renewal of the |
|
|
certificate or permit. |
|
|
SECTION 16. Sections 21.004(a), (b), (c), (d), and (e), |
|
|
Education Code, are amended to read as follows: |
|
|
(a) To the extent that funds are available, the agency[, the
|
|
|
State Board for Educator Certification,] and the Texas Higher |
|
|
Education Coordinating Board shall develop and implement programs |
|
|
to identify talented students and recruit those students and |
|
|
persons, including high school and undergraduate students, |
|
|
mid-career and retired professionals, honorably discharged and |
|
|
retired military personnel, and members of underrepresented gender |
|
|
and ethnic groups, into the teaching profession. |
|
|
(b) From available funds, the agency[, the State Board for
|
|
|
Educator Certification,] and the Texas Higher Education |
|
|
Coordinating Board shall develop and distribute materials that |
|
|
emphasize the importance of the teaching profession and inform |
|
|
individuals about state-funded loan forgiveness and tuition |
|
|
assistance programs. |
|
|
(c) The commissioner, in cooperation with the commissioner |
|
|
of higher education [and the executive director of the State Board
|
|
|
for Educator Certification], shall annually identify the need for |
|
|
teachers in specific subject areas and geographic regions and among |
|
|
underrepresented groups. The commissioner shall give priority to |
|
|
developing and implementing recruitment programs to address those |
|
|
needs from the agency's discretionary funds. |
|
|
(d) The agency[, the State Board for Educator
|
|
|
Certification,] and the Texas Higher Education Coordinating Board |
|
|
shall encourage the business community to cooperate with local |
|
|
schools to develop recruiting programs designed to attract and |
|
|
retain capable teachers, including programs to provide summer |
|
|
employment opportunities for teachers. |
|
|
(e) The agency[, the State Board for Educator
|
|
|
Certification,] and the Texas Higher Education Coordinating Board |
|
|
shall encourage major education associations to cooperate in |
|
|
developing a long-range program promoting teaching as a career and |
|
|
to assist in identifying local activities and resources that may be |
|
|
used to promote the teaching profession. |
|
|
SECTION 17. Sections 21.006(b), (b-1), (c), (d), (e), (f), |
|
|
and (g), Education Code, are amended to read as follows: |
|
|
(b) In addition to the reporting requirement under Section |
|
|
261.101, Family Code, the superintendent or director of a school |
|
|
district, open-enrollment charter school, regional education |
|
|
service center, or shared services arrangement shall notify the |
|
|
commissioner [State Board for Educator Certification] if [the
|
|
|
superintendent or director has reasonable cause to believe that]: |
|
|
(1) an educator [employed by or] seeking employment by |
|
|
the district, school, service center, or shared services |
|
|
arrangement has a criminal record or the criminal record of an |
|
|
educator employed by the district, school, service center, or |
|
|
shared services arrangement changes, as determined by commissioner |
|
|
rule; |
|
|
(2) an educator's employment at the district, school, |
|
|
service center, or shared services arrangement was terminated based |
|
|
on a determination that the educator: |
|
|
(A) abused or otherwise committed an unlawful act |
|
|
with a student or minor; |
|
|
(A-1) was involved in a romantic relationship |
|
|
with or solicited or engaged in sexual contact with a student or |
|
|
minor; |
|
|
(B) possessed, transferred, sold, or distributed |
|
|
a controlled substance, as defined by Chapter 481, Health and |
|
|
Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
|
|
|
subsequent amendments]; |
|
|
(C) illegally transferred, appropriated, or |
|
|
expended funds or other property of the district, school, service |
|
|
center, or shared services arrangement; |
|
|
(D) attempted by fraudulent or unauthorized |
|
|
means to obtain or alter a professional certificate or license for |
|
|
the purpose of promotion or additional compensation; or |
|
|
(E) committed a criminal offense or any part of a |
|
|
criminal offense on school property or at a school-sponsored event; |
|
|
(3) the educator resigned and reasonable evidence |
|
|
supports a recommendation by the superintendent or director to |
|
|
terminate the educator based on a determination that the educator |
|
|
engaged in misconduct described by Subdivision (2); or |
|
|
(4) the educator engaged in conduct that violated the |
|
|
assessment instrument security procedures established under |
|
|
Section 39.0301. |
|
|
(b-1) A superintendent or director of a school district or |
|
|
open-enrollment charter school shall complete an investigation of |
|
|
an educator that is based on a reasonable suspicion [cause] to |
|
|
believe the educator may have engaged in misconduct described by |
|
|
Subsection (b)(2)(A) or (A-1), despite the educator's resignation |
|
|
from district or school employment before completion of the |
|
|
investigation. The agency shall establish procedures for an |
|
|
investigation under this subsection. |
|
|
(c) The superintendent or director must notify the |
|
|
commissioner [State Board for Educator Certification] by filing a |
|
|
report with the commissioner [board] not later than the seventh day |
|
|
after the date the superintendent or director first learns about a |
|
|
change in an employee's criminal record under Subsection (b)(1) or |
|
|
a termination of employment or resignation following an alleged |
|
|
incident of misconduct described by Subsection (b). The report |
|
|
must be: |
|
|
(1) in writing; and |
|
|
(2) in a form prescribed by the commissioner [board]. |
|
|
(d) The superintendent or director shall notify the board of |
|
|
trustees or governing body of the school district, open-enrollment |
|
|
charter school, regional education service center, or shared |
|
|
services arrangement and the educator of the filing of the report |
|
|
required by Subsection (c). |
|
|
(e) A superintendent or director who in good faith and while |
|
|
acting in an official capacity files a report with the commissioner |
|
|
[State Board for Educator Certification] under this section is |
|
|
immune from civil or criminal liability that might otherwise be |
|
|
incurred or imposed. |
|
|
(f) The commissioner [State Board for Educator
|
|
|
Certification] shall determine whether to impose sanctions against |
|
|
a superintendent or director who fails to file a report in violation |
|
|
of Subsection (c). |
|
|
(g) The commissioner [State Board for Educator
|
|
|
Certification] shall adopt [propose] rules as necessary to |
|
|
implement this section. |
|
|
SECTION 18. Sections 21.007(b), (c), (d), (e), and (f), |
|
|
Education Code, are amended to read as follows: |
|
|
(b) The commissioner [board] shall adopt a procedure for |
|
|
placing a notice of alleged misconduct on an educator's public |
|
|
certification records. The procedure adopted by the commissioner |
|
|
[board] must provide for immediate placement of a notice of alleged |
|
|
misconduct on an educator's public certification records if the |
|
|
alleged misconduct presents a risk to the health, safety, or |
|
|
welfare of a student or minor as determined by the commissioner |
|
|
[board]. |
|
|
(c) The commissioner [board] must notify an educator in |
|
|
writing when placing a notice of an alleged incident of misconduct |
|
|
on the public certification records of the educator. |
|
|
(d) The commissioner [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 commissioner |
|
|
[board] shall adopt [propose] rules establishing the length of time |
|
|
that a notice may remain on the educator's public certification |
|
|
records before the commissioner [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. |
|
|
(e) If it is determined that the educator has not engaged in |
|
|
the alleged incident of misconduct, the commissioner [board] shall |
|
|
immediately remove the notice from the educator's public |
|
|
certification records. |
|
|
(f) The commissioner [board] shall adopt [propose] rules |
|
|
necessary to administer this section. |
|
|
SECTION 19. Section 21.031, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.031. COMMISSIONER ROLE IN CERTIFICATION OF |
|
|
EDUCATORS [PURPOSE]. (a) [The State Board for 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 commissioner [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 commissioner [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 20. Section 21.040, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.040. ADVISORY COMMITTEE [GENERAL POWERS AND DUTIES
|
|
|
OF BOARD]. (a) The commissioner [board] shall[:
|
|
|
[(1) supervise the executive director's performance;
|
|
|
[(2)
approve an operating budget for the board and
|
|
|
make a request for appropriations;
|
|
|
[(3)
appoint the members of any advisory committee to
|
|
|
the board;
|
|
|
[(4) for each class of educator certificate,] appoint |
|
|
an advisory committee [composed of members of that class] to |
|
|
recommend standards for educator certification and educator |
|
|
preparation programs [that class] to the commissioner [board;
|
|
|
[(5)
provide to its members and employees, as often as
|
|
|
necessary, information regarding their qualifications for office
|
|
|
or employment under this chapter and their responsibilities under
|
|
|
applicable laws relating to standards of conduct for state officers
|
|
|
or employees;
|
|
|
[(6)
develop and implement policies that clearly
|
|
|
define the respective responsibilities of the board and the board's
|
|
|
staff; and
|
|
|
[(7)
execute interagency contracts to perform routine
|
|
|
administrative functions]. |
|
|
(b) In appointing the members of the advisory committee |
|
|
established under this section, the commissioner shall ensure the |
|
|
committee has a balanced representation of teachers, |
|
|
administrators, school counselors, and representatives of both |
|
|
traditional and alternative certification educator preparation |
|
|
programs. |
|
|
SECTION 21. Sections 21.041(b), (c), and (d), Education |
|
|
Code, are amended to read as follows: |
|
|
(b) The commissioner [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 commissioner [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 commissioner [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 commissioner [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 22. Section 21.044, Education Code, as amended by |
|
|
Chapters 161 (S.B. 1093), 1091 (H.B. 3573), 1282 (H.B. 2012), and |
|
|
1321 (S.B. 460), Acts of the 83rd Legislature, Regular Session, |
|
|
2013, is amended to read as follows: |
|
|
Sec. 21.044. EDUCATOR PREPARATION. (a) The commissioner |
|
|
[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 |
|
|
commissioner [board] shall specify the minimum academic |
|
|
qualifications required for a certificate. |
|
|
(b) Any minimum academic qualifications for a certificate |
|
|
specified under Subsection (a) that require a person to possess a |
|
|
bachelor's degree must also require that the person receive, as |
|
|
part of the curriculum for that degree, instruction in detection |
|
|
and education of students with dyslexia. This subsection does not |
|
|
apply to a person who obtains a certificate through an alternative |
|
|
certification program adopted under Section 21.049. |
|
|
(c) The instruction under Subsection (b) must: |
|
|
(1) be developed by a panel of experts in the diagnosis |
|
|
and treatment of dyslexia who are: |
|
|
(A) employed by institutions of higher |
|
|
education; and |
|
|
(B) approved by the commissioner [board]; and |
|
|
(2) include information on: |
|
|
(A) characteristics of dyslexia; |
|
|
(B) identification of dyslexia; and |
|
|
(C) effective, multisensory strategies for |
|
|
teaching students with dyslexia. |
|
|
(c-1) Any minimum academic qualifications for a certificate |
|
|
specified under Subsection (a) that require a person to possess a |
|
|
bachelor's degree must also require that the person receive, as |
|
|
part of the training required to obtain that certificate, |
|
|
instruction in detection of students with mental or emotional |
|
|
disorders. |
|
|
(c-2) The instruction under Subsection (c-1) must: |
|
|
(1) be developed by a panel of experts in the diagnosis |
|
|
and treatment of mental or emotional disorders who are appointed by |
|
|
the commissioner [board]; and |
|
|
(2) include information on: |
|
|
(A) characteristics of the most prevalent mental |
|
|
or emotional disorders among children; |
|
|
(B) identification of mental or emotional |
|
|
disorders; |
|
|
(C) effective strategies for teaching and |
|
|
intervening with students with mental or emotional disorders, |
|
|
including de-escalation techniques and positive behavioral |
|
|
interventions and supports; and |
|
|
(D) providing, in compliance with Section |
|
|
38.010, notice and referral to a parent or guardian of a student |
|
|
with a mental or emotional disorder so that the parent or guardian |
|
|
may take appropriate action such as seeking mental health services. |
|
|
(d) In adopting [proposing] rules under this section, the |
|
|
commissioner [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. |
|
|
(e) In adopting [proposing] rules under this section for a |
|
|
person to obtain a certificate to teach a health science technology |
|
|
education course, the commissioner [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. |
|
|
(f) The commissioner [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). |
|
|
(g) [(e)] Each educator preparation program must provide |
|
|
information regarding: |
|
|
(1) the skills that educators are required to possess, |
|
|
the responsibilities that educators are required to accept, and the |
|
|
high expectations for students in this state; |
|
|
(2) the effect of supply and demand forces on the |
|
|
educator workforce in this state; |
|
|
(3) the performance over time of the educator |
|
|
preparation program; |
|
|
(4) the importance of building strong classroom |
|
|
management skills; and |
|
|
(5) the framework in this state for teacher and |
|
|
principal evaluation, including the procedures followed in |
|
|
accordance with Subchapter H. |
|
|
SECTION 23. Section 21.0441, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.0441. ADMISSION REQUIREMENTS FOR EDUCATOR |
|
|
PREPARATION PROGRAMS. (a) Rules of the commissioner adopted |
|
|
[board 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 |
|
|
commissioner [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. |
|
|
(b) The commissioner's [board's] rules must permit an |
|
|
educator preparation program to admit in extraordinary |
|
|
circumstances a person who fails to satisfy a grade point average |
|
|
requirement prescribed by Subsection (a)(1)(A) or (B), provided |
|
|
that: |
|
|
(1) not more than 10 percent of the total number of |
|
|
persons admitted to the program in a year fail to satisfy the |
|
|
requirement under Subsection (a)(1)(A) or (B); and |
|
|
(2) for each person admitted as described by this |
|
|
subsection, the director of the program determines and certifies, |
|
|
based on documentation provided by the person, that the person's |
|
|
work, business, or career experience demonstrates achievement |
|
|
comparable to the academic achievement represented by the grade |
|
|
point average requirement. |
|
|
SECTION 24. Section 21.045, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR |
|
|
PREPARATION PROGRAMS; PROGRAM APPROVAL AND RENEWAL. (a) The |
|
|
commissioner [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 commissioner [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 commissioner [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. |
|
|
(b) Each educator preparation program shall submit data |
|
|
elements as required by the commissioner [board] for an annual |
|
|
performance report to ensure access and equity. At a minimum, the |
|
|
annual report must contain the performance data from Subsection |
|
|
(a), other than the data required for purposes of Subsection |
|
|
(a)(3), and the following information, disaggregated by sex and |
|
|
ethnicity: |
|
|
(1) the number of candidates who apply; |
|
|
(2) the number of candidates admitted; |
|
|
(3) the number of candidates retained; |
|
|
(4) the number of candidates completing the program; |
|
|
(5) the number of candidates employed in the |
|
|
profession after completing the program; |
|
|
(6) the number of candidates retained in the |
|
|
profession; and |
|
|
(7) any other information required by federal law. |
|
|
(c) The commissioner [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). |
|
|
(d) The commissioner shall adopt [board may 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. |
|
|
(e) In adopting rules establishing minimum standards for |
|
|
renewal of approval of educator preparation programs under |
|
|
Subsection (d)(1), the commissioner shall require that each |
|
|
educator preparation program obtain renewal of approval every five |
|
|
years. The commissioner shall adopt an evaluation process to be |
|
|
used for purposes of educator preparation program renewal. To be |
|
|
eligible for renewal and continued accreditation, an educator |
|
|
preparation program must meet basic standards and requirements to |
|
|
adequately prepare candidates for educator certification, as |
|
|
determined by the commissioner. |
|
|
SECTION 25. The heading to Section 21.0451, Education Code, |
|
|
is amended to read as follows: |
|
|
Sec. 21.0451. SANCTIONS [UNDER ACCOUNTABILITY SYSTEM] FOR |
|
|
EDUCATOR PREPARATION PROGRAMS. |
|
|
SECTION 26. Section 21.0451, Education Code, is amended by |
|
|
amending Subsection (a) and adding Subsections (e) and (f) to read |
|
|
as follows: |
|
|
(a) The commissioner [board] shall adopt [propose] rules |
|
|
for the sanction of educator preparation programs that do not meet |
|
|
accountability standards or comply with state law or commissioner |
|
|
rules 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 commissioner [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. |
|
|
(e) The commissioner shall adopt procedures to ensure that |
|
|
sanctions under this section are applied fairly. |
|
|
(f) The commissioner shall: |
|
|
(1) provide information regarding sanctions under |
|
|
this section to each educator preparation program; and |
|
|
(2) provide information to at-risk educator |
|
|
preparation programs about sanctions the specific program could |
|
|
face, including the consequences of those sanctions, a timeline for |
|
|
the program to comply with rules and meet accreditation standards, |
|
|
and how to appeal a sanction under this section. |
|
|
SECTION 27. Section 21.0452, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.0452. CONSUMER INFORMATION REGARDING EDUCATOR |
|
|
PREPARATION PROGRAMS. (a) To assist persons interested in |
|
|
obtaining teaching certification in selecting an educator |
|
|
preparation program and assist school districts in making staffing |
|
|
decisions, the commissioner [board] shall make information |
|
|
regarding educator programs in this state available to the public |
|
|
through the agency's [board's] Internet website. |
|
|
(b) The commissioner [board] shall make available at least |
|
|
the following information regarding each educator preparation |
|
|
program: |
|
|
(1) the information specified in Sections 21.045(a) |
|
|
and (b); |
|
|
(2) in addition to any other appropriate information |
|
|
indicating the quality of persons admitted to the program, the |
|
|
average academic qualifications possessed by persons admitted to |
|
|
the program, including: |
|
|
(A) average overall grade point average and |
|
|
average grade point average in specific subject areas; and |
|
|
(B) average scores on the Scholastic Assessment |
|
|
Test (SAT), the American College Test (ACT), or the Graduate Record |
|
|
Examination (GRE), as applicable; |
|
|
(3) the degree to which persons who complete the |
|
|
program are successful in obtaining teaching positions; |
|
|
(4) the extent to which the program prepares teachers, |
|
|
including general education teachers and special education |
|
|
teachers, to effectively teach: |
|
|
(A) students with disabilities; and |
|
|
(B) students of limited English proficiency, as |
|
|
defined by Section 29.052; |
|
|
(5) the activities offered by the program that are |
|
|
designed to prepare teachers to: |
|
|
(A) integrate technology effectively into |
|
|
curricula and instruction, including activities consistent with |
|
|
the principles of universal design for learning; and |
|
|
(B) use technology effectively to collect, |
|
|
manage, and analyze data to improve teaching and learning for the |
|
|
purpose of increasing student academic achievement; |
|
|
(6) the perseverance of beginning teachers in the |
|
|
profession, as determined on the basis of the number of beginning |
|
|
teachers who maintain status as active contributing members in the |
|
|
Teacher Retirement System of Texas for at least three years after |
|
|
certification in comparison to similar programs; |
|
|
(7) the results of exit surveys given to program |
|
|
participants on completion of the program that involve evaluation |
|
|
of the program's effectiveness in preparing participants to succeed |
|
|
in the classroom; and |
|
|
(8) the results of surveys given to school principals |
|
|
that involve evaluation of the program's effectiveness in preparing |
|
|
participants to succeed in the classroom, based on experience with |
|
|
employed program participants. |
|
|
(c) For purposes of Subsection (b)(7), the commissioner |
|
|
[board] shall require an educator preparation program to distribute |
|
|
an exit survey that a program participant must complete before the |
|
|
participant is eligible to receive a certificate under this |
|
|
subchapter. |
|
|
(d) For purposes of Subsections (b)(7) and (8), the |
|
|
commissioner [board] shall develop surveys for distribution to |
|
|
program participants and school principals. |
|
|
(e) The commissioner [board] may develop procedures under |
|
|
which each educator preparation program receives a designation or |
|
|
ranking based on the information required to be made available |
|
|
under Subsection (b). If the commissioner [board] develops |
|
|
procedures under this subsection, the designation or ranking |
|
|
received by each program must be included in the information made |
|
|
available under this section. |
|
|
(f) In addition to other information required to be made |
|
|
available under this section, the commissioner [board] shall |
|
|
provide information identifying employment opportunities for |
|
|
teachers in the various regions of this state. The commissioner |
|
|
[board] shall specifically identify each region of this state in |
|
|
which a shortage of qualified teachers exists. |
|
|
(g) The commissioner [board] may require any person to |
|
|
provide information to the commissioner [board] for purposes of |
|
|
this section. |
|
|
SECTION 28. Section 21.0453, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.0453. INFORMATION FOR CANDIDATES FOR TEACHER |
|
|
CERTIFICATION. (a) The commissioner [board] shall require an |
|
|
educator preparation program to provide candidates for teacher |
|
|
certification with information concerning the following: |
|
|
(1) skills and responsibilities required of teachers; |
|
|
(2) expectations for student performance based on |
|
|
state standards; |
|
|
(3) the current supply of and demand for teachers in |
|
|
this state; |
|
|
(4) the importance of developing classroom management |
|
|
skills; and |
|
|
(5) the state's framework for appraisal of teachers |
|
|
and principals. |
|
|
(b) The commissioner [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 29. Subchapter B, Chapter 21, Education Code, is |
|
|
amended by adding Sections 21.0454 and 21.0455 to read as follows: |
|
|
Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION |
|
|
PROGRAMS; RISK-ASSESSMENT MODEL. (a) The commissioner shall |
|
|
develop a set of risk factors to use in assessing the overall risk |
|
|
level of each educator preparation program. The set of risk factors |
|
|
must include: |
|
|
(1) a history of the program's compliance with state |
|
|
law and commissioner rules, standards, and procedures; |
|
|
(2) the program's operational standards; |
|
|
(3) whether the program meets the accountability |
|
|
standards under Section 21.045; and |
|
|
(4) whether the program is accredited by other |
|
|
organizations. |
|
|
(b) The agency shall use the set of risk factors developed |
|
|
under Subsection (a) to guide the agency in conducting monitoring, |
|
|
inspections, and compliance audits of educator preparation |
|
|
programs, including evaluations associated with renewals under |
|
|
Section 21.045(e). |
|
|
Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION |
|
|
PROGRAMS. (a) The commissioner shall adopt rules establishing a |
|
|
process for a candidate for teacher certification to direct a |
|
|
complaint against an educator preparation program to the agency. |
|
|
(b) The commissioner by rule shall require an educator |
|
|
preparation program to notify candidates for teacher certification |
|
|
of the complaint process adopted under Subsection (a). The notice |
|
|
must include the name, mailing address, telephone number, and |
|
|
Internet website address of the agency for the purpose of directing |
|
|
complaints to the agency. The educator preparation program shall |
|
|
provide for that notification: |
|
|
(1) on the Internet website of the educator |
|
|
preparation program, if the program maintains a website; |
|
|
(2) on a sign prominently displayed in program |
|
|
facilities; and |
|
|
(3) in any newsletter distributed by the educator |
|
|
preparation program, if the program distributes a newsletter. |
|
|
(c) The commissioner shall post the complaint process |
|
|
adopted under Subsection (a) on the agency's Internet website. |
|
|
(d) The agency has no authority to arbitrate or resolve |
|
|
contractual or commercial issues between an educator preparation |
|
|
program and a candidate for teacher certification. |
|
|
SECTION 30. Sections 21.046(c) and (d), Education Code, are |
|
|
amended to read as follows: |
|
|
(c) Because an effective principal is essential to school |
|
|
improvement, the commissioner [board] shall ensure that: |
|
|
(1) each candidate for certification as a principal is |
|
|
of the highest caliber; and |
|
|
(2) multi-level screening processes, validated |
|
|
comprehensive assessment programs, and flexible internships with |
|
|
successful mentors exist to determine whether a candidate for |
|
|
certification as a principal possesses the essential knowledge, |
|
|
skills, and leadership capabilities necessary for success. |
|
|
(d) In creating the qualifications for certification as a |
|
|
principal, the commissioner [board] shall consider the knowledge, |
|
|
skills, and proficiencies for principals as developed by relevant |
|
|
national organizations and the State Board of Education. |
|
|
SECTION 31. Sections 21.047(a) and (b), Education Code, are |
|
|
amended to read as follows: |
|
|
(a) The commissioner [board] may develop the process for the |
|
|
establishment of centers for professional development through |
|
|
institutions of higher education for the purpose of integrating |
|
|
technology and innovative teaching practices in the preservice and |
|
|
staff development training of public school teachers and |
|
|
administrators. An institution of higher education with a teacher |
|
|
education program may develop a center through a collaborative |
|
|
process involving public schools, regional education service |
|
|
centers, and other entities or businesses. A center may contract |
|
|
with other entities to develop materials and provide training. |
|
|
(b) On application by a center, the commissioner [board] |
|
|
shall make grants to the center for its programs from funds derived |
|
|
from gifts, grants, and legislative appropriations for that |
|
|
purpose. The commissioner [board] shall award the grants on a |
|
|
competitive basis according to requirements established by |
|
|
commissioner [the board] rules. |
|
|
SECTION 32. 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 commissioner [board] shall adopt [propose] rules |
|
|
prescribing comprehensive examinations for each class of |
|
|
certificate issued by the commissioner [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 33. Sections 21.048(a-1), (b), and (c), Education |
|
|
Code, are amended to read as follows: |
|
|
(a-1) The commissioner [board] may not require that more |
|
|
than 45 days elapse before a person may retake an examination. |
|
|
(b) The commissioner [board] may not administer a written |
|
|
examination to determine the competence or level of performance of |
|
|
an educator who has a hearing impairment unless the examination has |
|
|
been field tested to determine its appropriateness, reliability, |
|
|
and validity as applied to, and minimum acceptable performance |
|
|
scores for, persons with hearing impairments. |
|
|
(c) An educator who has a hearing impairment is exempt from |
|
|
taking a written examination for a period ending on the first |
|
|
anniversary of the date on which the commissioner [board] |
|
|
determines, on the basis of appropriate field tests, that the |
|
|
examination complies with the standards specified in Subsection |
|
|
(b). On application to the commissioner [board], the commissioner |
|
|
[board] shall issue a temporary exemption certificate to a person |
|
|
entitled to an exemption under this subsection. |
|
|
SECTION 34. Section 21.0481, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.0481. MASTER READING TEACHER CERTIFICATION. (a) |
|
|
To ensure that there are teachers with special training to work with |
|
|
other teachers and with students in order to improve student |
|
|
reading performance, the commissioner [board] shall establish a |
|
|
master reading teacher certificate. |
|
|
(b) The commissioner [board] shall issue a master reading |
|
|
teacher certificate to each eligible person. |
|
|
(c) To be eligible for a master reading teacher certificate, |
|
|
a person must: |
|
|
(1) hold a reading specialist certificate issued under |
|
|
this subchapter and satisfactorily complete a course of instruction |
|
|
as prescribed under Subdivision (2)(B); or |
|
|
(2) hold a teaching certificate issued under this |
|
|
subchapter and: |
|
|
(A) have at least three years of teaching |
|
|
experience; |
|
|
(B) satisfactorily complete a knowledge-based |
|
|
and skills-based course of instruction on the science of teaching |
|
|
children to read that includes training in: |
|
|
(i) effective reading instruction |
|
|
techniques, including effective techniques for students whose |
|
|
primary language is a language other than English; |
|
|
(ii) identification of dyslexia and related |
|
|
reading disorders and effective reading instruction techniques for |
|
|
students with those disorders; and |
|
|
(iii) effective professional peer |
|
|
mentoring techniques; |
|
|
(C) perform satisfactorily on the master reading |
|
|
teacher certification examination prescribed by the commissioner |
|
|
[board]; and |
|
|
(D) satisfy any other requirements prescribed by |
|
|
the commissioner [board]. |
|
|
SECTION 35. Section 21.0482, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.0482. MASTER MATHEMATICS TEACHER CERTIFICATION. |
|
|
(a) To ensure that there are teachers with special training to work |
|
|
with other teachers and with students in order to improve student |
|
|
mathematics performance, the commissioner [board] shall establish: |
|
|
(1) a master mathematics teacher certificate to teach |
|
|
mathematics at elementary school grade levels; |
|
|
(2) a master mathematics teacher certificate to teach |
|
|
mathematics at middle school grade levels; and |
|
|
(3) a master mathematics teacher certificate to teach |
|
|
mathematics at high school grade levels. |
|
|
(b) The commissioner [board] shall issue the appropriate |
|
|
master mathematics teacher certificate to each eligible person. |
|
|
(c) To be eligible for a master mathematics teacher |
|
|
certificate, a person must: |
|
|
(1) hold a teaching certificate issued under this |
|
|
subchapter; |
|
|
(2) have at least three years of teaching experience; |
|
|
(3) satisfactorily complete a knowledge-based course |
|
|
of instruction on the science of teaching children mathematics that |
|
|
includes training in mathematics instruction and professional peer |
|
|
mentoring techniques that, through scientific testing, have been |
|
|
proven effective; |
|
|
(4) perform satisfactorily on the appropriate master |
|
|
mathematics teacher certification examination prescribed by the |
|
|
commissioner [board]; and |
|
|
(5) satisfy any other requirements prescribed by the |
|
|
commissioner [board]. |
|
|
(d) The course of instruction prescribed under Subsection |
|
|
(c)(3) shall be developed by the commissioner [board] in |
|
|
consultation with mathematics and science faculty members at |
|
|
institutions of higher education. |
|
|
SECTION 36. Section 21.0483, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.0483. MASTER TECHNOLOGY TEACHER CERTIFICATION. (a) |
|
|
To ensure that there are teachers with special training to work with |
|
|
other teachers and with students in order to increase the use of |
|
|
technology in each classroom, the commissioner [board] shall |
|
|
establish a master technology teacher certificate. |
|
|
(b) The commissioner [board] shall issue a master |
|
|
technology teacher certificate to each eligible person. |
|
|
(c) To be eligible for a master technology teacher |
|
|
certificate, a person must: |
|
|
(1) hold a technology applications or Technology |
|
|
Education certificate issued under this subchapter, satisfactorily |
|
|
complete the course of instruction prescribed under Subdivision |
|
|
(2)(B), and satisfactorily perform on the examination prescribed |
|
|
under Subdivision (2)(C); or |
|
|
(2) hold a teaching certificate issued under this |
|
|
subchapter and: |
|
|
(A) have at least three years of teaching |
|
|
experience; |
|
|
(B) satisfactorily complete a knowledge-based |
|
|
and skills-based course of instruction on interdisciplinary |
|
|
technology applications and the science of teaching technology that |
|
|
includes training in: |
|
|
(i) effective technology instruction |
|
|
techniques, including applications designed to meet the |
|
|
educational needs of students with disabilities; |
|
|
(ii) classroom teaching methodology that |
|
|
engages student learning through the integration of technology; |
|
|
(iii) digital learning competencies, |
|
|
including Internet research, graphics, animation, website |
|
|
mastering, and video technologies; |
|
|
(iv) curriculum models designed to prepare |
|
|
teachers to facilitate an active student learning environment; and |
|
|
(v) effective professional peer mentoring |
|
|
techniques; |
|
|
(C) satisfactorily perform on an examination |
|
|
administered at the conclusion of the course of instruction |
|
|
prescribed under Paragraph (B); and |
|
|
(D) satisfy any other requirements prescribed by |
|
|
the commissioner [board]. |
|
|
(d) The commissioner [board] may provide technology |
|
|
applications training courses under Subsection (c)(2)(B) in |
|
|
cooperation with: |
|
|
(1) regional education service centers; and |
|
|
(2) other public or private entities, including any |
|
|
state council on technology. |
|
|
SECTION 37. Section 21.0484, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.0484. MASTER SCIENCE TEACHER CERTIFICATION. (a) |
|
|
To ensure that there are teachers with special training to work with |
|
|
other teachers and with students in order to improve student |
|
|
science performance, the commissioner [board] shall establish: |
|
|
(1) a master science teacher certificate to teach |
|
|
science at elementary school grade levels; |
|
|
(2) a master science teacher certificate to teach |
|
|
science at middle school grade levels; and |
|
|
(3) a master science teacher certificate to teach |
|
|
science at high school grade levels. |
|
|
(b) The commissioner [board] shall issue the appropriate |
|
|
master science teacher certificate to each eligible person. |
|
|
(c) To be eligible for a master science teacher certificate, |
|
|
a person must: |
|
|
(1) hold a teaching certificate issued under this |
|
|
subchapter; |
|
|
(2) have at least three years of teaching experience; |
|
|
(3) satisfactorily complete a knowledge-based course |
|
|
of instruction on the science of teaching children science that |
|
|
includes training in science instruction and professional peer |
|
|
mentoring techniques that, through scientific testing, have been |
|
|
proven effective; |
|
|
(4) perform satisfactorily on the appropriate master |
|
|
science teacher certification examination prescribed by the |
|
|
commissioner [board]; and |
|
|
(5) satisfy any other requirements prescribed by the |
|
|
commissioner [board]. |
|
|
(d) The course of instruction prescribed under Subsection |
|
|
(c)(3) shall be developed by the commissioner [board] in |
|
|
consultation with science faculty members at institutions of higher |
|
|
education. |
|
|
SECTION 38. Section 21.0485(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) To be eligible to be issued a certificate to teach |
|
|
students with visual impairments, a person must: |
|
|
(1) complete either: |
|
|
(A) all course work required for that |
|
|
certification in an approved educator preparation program; or |
|
|
(B) an alternative educator certification |
|
|
program approved for the purpose by the commissioner [board]; |
|
|
(2) perform satisfactorily on each examination |
|
|
prescribed under Section 21.048 for certification to teach students |
|
|
with visual impairments, after completing the course work or |
|
|
program described by Subdivision (1); and |
|
|
(3) satisfy any other requirements prescribed by the |
|
|
commissioner [board]. |
|
|
SECTION 39. Section 21.049, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.049. ALTERNATIVE CERTIFICATION. (a) To provide a |
|
|
continuing additional source of qualified educators, the |
|
|
commissioner [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. |
|
|
(b) The commissioner [board] may not require a person |
|
|
employed as a teacher in an alternative education program under |
|
|
Section 37.008 or a juvenile justice alternative education program |
|
|
under Section 37.011 for at least three years to complete an |
|
|
alternative educator certification program adopted under this |
|
|
section before taking the appropriate certification examination. |
|
|
SECTION 40. Sections 21.050(a) and (b), Education Code, are |
|
|
amended to read as follows: |
|
|
(a) A person who applies for a teaching certificate for |
|
|
which commissioner [board] rules require a bachelor's degree must |
|
|
possess a bachelor's degree received with an academic major or |
|
|
interdisciplinary academic major, including reading, other than |
|
|
education, that is related to the curriculum as prescribed under |
|
|
Subchapter A, Chapter 28. |
|
|
(b) The commissioner [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 commissioner |
|
|
[board] shall provide for a minimum number of semester credit hours |
|
|
of internship to be included in the hours needed for certification. |
|
|
The commissioner [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 41. Sections 21.051(c), (d), (e), and (f), |
|
|
Education Code, are amended to read as follows: |
|
|
(c) Subsection (b) applies only to an initial certification |
|
|
issued on or after September 1, 2012. Subsection (b) does not |
|
|
affect: |
|
|
(1) the validity of a certification issued before |
|
|
September 1, 2012; or |
|
|
(2) the eligibility of a person who holds a |
|
|
certification issued before September 1, 2012, to obtain a |
|
|
subsequent renewal of the certification in accordance with |
|
|
commissioner [board] rule. |
|
|
(d) Subsection (b) does not affect the period within which |
|
|
an individual must complete field-based experience hours as |
|
|
determined by commissioner [board] rule if the individual is not |
|
|
accepted into an educator preparation program before the deadline |
|
|
prescribed by commissioner [board] rule and is hired for a teaching |
|
|
assignment by a school district after the deadline prescribed by |
|
|
commissioner [board] rule. |
|
|
(e) The commissioner [board] shall adopt [propose] rules |
|
|
relating to the field-based experience required by Subsection (b), |
|
|
including rules establishing [.
The commissioner by rule shall
|
|
|
adopt] procedures and standards for recognizing a private school |
|
|
under Subsection (b)(2). |
|
|
(f) The commissioner [board] shall adopt [propose] rules |
|
|
providing flexible options for persons for any field-based |
|
|
experience or internship required for certification. |
|
|
SECTION 42. Sections 21.052(a), (c), (d), (e), (f), and |
|
|
(h), Education Code, are amended to read as follows: |
|
|
(a) The commissioner [board] may issue a certificate to an |
|
|
educator who applies for a certificate and: |
|
|
(1) holds: |
|
|
(A) a degree issued by an institution accredited |
|
|
by a regional accrediting agency or group that is recognized by a |
|
|
nationally recognized accreditation board; or |
|
|
(B) a degree issued by an institution located in |
|
|
a foreign country, if the degree is equivalent to a degree described |
|
|
by Paragraph (A); |
|
|
(2) holds an appropriate certificate or other |
|
|
credential issued by another state or country; and |
|
|
(3) performs satisfactorily on: |
|
|
(A) the examination prescribed under Section |
|
|
21.048; or |
|
|
(B) if the educator holds a certificate or other |
|
|
credential issued by another state or country, an examination |
|
|
similar to and at least as rigorous as that described by Paragraph |
|
|
(A) administered to the educator under the authority of that state. |
|
|
(c) The commissioner [board] may issue a temporary |
|
|
certificate under this section to an educator who holds a degree |
|
|
required by Subsection (a)(1) and a certificate or other credential |
|
|
required by Subsection (a)(2) but who has not satisfied the |
|
|
requirements prescribed by Subsection (a)(3). Subject to |
|
|
Subsection (d), the commissioner [board] may specify the term of a |
|
|
temporary certificate issued under this subsection. |
|
|
(d) A temporary certificate issued under Subsection (c) to |
|
|
an educator employed by a school district that has constructed or |
|
|
expanded at least one instructional facility as a result of |
|
|
increased student enrollment due to actions taken under the Defense |
|
|
Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687) |
|
|
may not expire before the first anniversary of the date on which the |
|
|
commissioner [board] completes the review of the educator's |
|
|
credentials and informs the educator of the examination or |
|
|
examinations under Section 21.048 on which the educator must |
|
|
perform successfully to receive a standard certificate. |
|
|
(e) An educator who has submitted all documents required by |
|
|
the commissioner [board] for certification and who receives a |
|
|
certificate as provided by Subsection (a) must perform |
|
|
satisfactorily on the examination prescribed under Section 21.048 |
|
|
not later than the first anniversary of the date the commissioner |
|
|
[board] completes the review of the educator's credentials and |
|
|
informs the educator of the examination or examinations under |
|
|
Section 21.048 on which the educator must perform successfully to |
|
|
receive a standard certificate. |
|
|
(f) The commissioner [board] shall post on the |
|
|
commissioner's [board's] Internet website the procedures for |
|
|
obtaining a certificate under Subsection (a). |
|
|
(h) This subsection applies only to an applicant who holds a |
|
|
certificate or other credential issued by another state in |
|
|
mathematics, science, special education, or bilingual education, |
|
|
or another subject area that the commissioner determines has a |
|
|
shortage of teachers. In any state fiscal year, the commissioner |
|
|
[board] shall accept or reject, not later than the 14th day after |
|
|
the date the commissioner [board] receives the completed |
|
|
application, at least 90 percent of the applications the |
|
|
commissioner [board] receives for a certificate under this |
|
|
subsection, and shall accept or reject all completed applications |
|
|
the commissioner [board] receives under this subsection not later |
|
|
than the 30th day after the date the commissioner [board] receives |
|
|
the completed application. An applicant under this subsection must |
|
|
submit: |
|
|
(1) a letter of good standing from the state in which |
|
|
the teacher is certified on a form determined by the commissioner |
|
|
[board]; |
|
|
(2) information necessary to complete a national |
|
|
criminal history record information review; and |
|
|
(3) an application fee as required by the commissioner |
|
|
[board]. |
|
|
SECTION 43. Section 21.054(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) The commissioner [board] shall adopt [propose] rules |
|
|
establishing a process for identifying continuing education |
|
|
courses and programs that fulfill educators' continuing education |
|
|
requirements. |
|
|
SECTION 44. Section 21.054(d), Education Code, as added by |
|
|
Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular |
|
|
Session, 2013, is redesignated as Section 21.054(g), Education |
|
|
Code, and amended to read as follows: |
|
|
(g) [(d)] The commissioner [board] shall adopt rules that |
|
|
allow an educator to fulfill up to 12 hours of continuing education |
|
|
by participating in a mental health first aid training program |
|
|
offered by a local mental health authority under Section 1001.203, |
|
|
Health and Safety Code. The number of hours of continuing |
|
|
education an educator may fulfill under this subsection may not |
|
|
exceed the number of hours the educator actually spends |
|
|
participating in a mental health first aid training program. |
|
|
SECTION 45. Section 21.055(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) As provided by this section, a school district may issue |
|
|
a school district teaching permit and employ as a teacher a person |
|
|
who does not hold a teaching certificate issued by the commissioner |
|
|
[board]. |
|
|
SECTION 46. Section 21.056, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.056. ADDITIONAL CERTIFICATION. The commissioner |
|
|
[board] by rule shall provide for a certified educator to qualify |
|
|
for additional certification to teach at a grade level or in a |
|
|
subject area not covered by the educator's certificate upon |
|
|
satisfactory completion of an examination or other assessment of |
|
|
the educator's qualification. |
|
|
SECTION 47. 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 commissioner [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 48. Sections 21.058(b) and (d), Education Code, are |
|
|
amended to read as follows: |
|
|
(b) Notwithstanding Section 21.041(b)(7), not later than |
|
|
the fifth day after the date the commissioner [board] receives |
|
|
notice under Article 42.018, Code of Criminal Procedure, of the |
|
|
conviction of a person who holds a certificate under this |
|
|
subchapter, the commissioner [board] shall: |
|
|
(1) revoke the certificate held by the person; and |
|
|
(2) provide to the person and to any school district or |
|
|
open-enrollment charter school employing the person at the time of |
|
|
revocation written notice of: |
|
|
(A) the revocation; and |
|
|
(B) the basis for the revocation. |
|
|
(d) A person whose certificate is revoked under Subsection |
|
|
(b) may reapply for a certificate in accordance with commissioner |
|
|
[board] rules. |
|
|
SECTION 49. Section 21.060, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.060. ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN |
|
|
OFFENSES. The commissioner [board] may suspend or revoke the |
|
|
certificate or permit held by a person under this subchapter, |
|
|
impose other sanctions against the person, or refuse to issue a |
|
|
certificate or permit to a person under this subchapter if the |
|
|
person has been convicted of a felony or misdemeanor offense |
|
|
relating to the duties and responsibilities of the education |
|
|
profession, including: |
|
|
(1) an offense involving moral turpitude; |
|
|
(2) an offense involving a form of sexual or physical |
|
|
abuse of a minor or student or other illegal conduct in which the |
|
|
victim is a minor or student; |
|
|
(3) a felony offense involving the possession, |
|
|
transfer, sale, or distribution of or conspiracy to possess, |
|
|
transfer, sell, or distribute a controlled substance, as defined by |
|
|
Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et |
|
|
seq.; |
|
|
(4) an offense involving the illegal transfer, |
|
|
appropriation, or use of school district funds or other district |
|
|
property; or |
|
|
(5) an offense involving an attempt by fraudulent or |
|
|
unauthorized means to obtain or alter a professional certificate or |
|
|
license issued under this subchapter. |
|
|
SECTION 50. Section 21.061, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.061. REVIEW AND UPDATING OF EDUCATOR PREPARATION |
|
|
PROGRAMS. The commissioner [board] shall, after consulting with |
|
|
appropriate higher education faculty and public school teachers and |
|
|
administrators and soliciting advice from other interested persons |
|
|
with relevant knowledge and experience, develop and carry out a |
|
|
process for reviewing and, as necessary, updating standards and |
|
|
requirements for educator preparation programs. |
|
|
SECTION 51. Subchapter B, Chapter 21, Education Code, is |
|
|
amended by adding Sections 21.062 and 21.063 to read as follows: |
|
|
Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an |
|
|
investigation by the commissioner of an educator for an alleged |
|
|
incident of misconduct, the commissioner may issue a subpoena to |
|
|
compel the production, for inspection or copying, of relevant |
|
|
evidence that is located in this state. |
|
|
(b) A subpoena may be served personally or by certified |
|
|
mail. |
|
|
(c) If a person fails to comply with a subpoena, the |
|
|
commissioner, acting through the attorney general, may file suit to |
|
|
enforce the subpoena in a district court in this state. On finding |
|
|
that good cause exists for issuing the subpoena, the court shall |
|
|
order the person to comply with the subpoena. The court may punish |
|
|
a person who fails to obey the court order. |
|
|
(d) All information and materials subpoenaed or compiled in |
|
|
connection with an investigation described by Subsection (a) are |
|
|
confidential and not subject to disclosure under Chapter 552, |
|
|
Government Code. |
|
|
(e) Except as provided by a protective order, and |
|
|
notwithstanding Subsection (d), all information and materials |
|
|
subpoenaed or compiled in connection with an investigation |
|
|
described by Subsection (a) may be used in a disciplinary |
|
|
proceeding against an educator based on an alleged incident of |
|
|
misconduct. |
|
|
Sec. 21.063. DISCIPLINARY MATRIX. (a) The commissioner |
|
|
shall create a matrix to provide guidelines for ensuring the fair |
|
|
and consistent application of disciplinary sanctions for educators |
|
|
certified under this chapter who commit violations of this chapter |
|
|
or a rule adopted under this chapter. In developing the matrix, the |
|
|
commissioner shall consider the range of appropriate sanctions |
|
|
available for a violation based on: |
|
|
(1) the severity of the violation; |
|
|
(2) the number of repeat violations; |
|
|
(3) whether the sanction serves as a deterrent to |
|
|
subsequent violations; and |
|
|
(4) any aggravating or mitigating factors. |
|
|
(b) The matrix developed under Subsection (a) does not |
|
|
prevent the commissioner from exercising discretion based on the |
|
|
specific circumstances of an individual case. |
|
|
(c) In developing the matrix under Subsection (a), the |
|
|
commissioner shall provide for public comment. |
|
|
(d) The commissioner shall make the matrix developed under |
|
|
Subsection (a) available to the public through posting the matrix |
|
|
on the agency's Internet website and through other appropriate |
|
|
means. |
|
|
SECTION 52. Section 21.105(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) On written complaint by the employing district, the |
|
|
commissioner [State Board for Educator Certification] may impose |
|
|
sanctions against a teacher employed under a probationary contract |
|
|
who: |
|
|
(1) resigns; |
|
|
(2) fails without good cause to comply with Subsection |
|
|
(a) or (b); and |
|
|
(3) fails to perform the contract. |
|
|
SECTION 53. Section 21.160(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) On written complaint by the employing district, the |
|
|
commissioner [State Board for Educator Certification] may impose |
|
|
sanctions against a teacher who is employed under a continuing |
|
|
contract that obligates the district to employ the person for the |
|
|
following school year and who: |
|
|
(1) resigns; |
|
|
(2) fails without good cause to comply with Subsection |
|
|
(a) or (b); and |
|
|
(3) fails to perform the contract. |
|
|
SECTION 54. Section 21.210(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) On written complaint by the employing district, the |
|
|
commissioner [State Board for Educator Certification] may impose |
|
|
sanctions against a teacher who is employed under a term contract |
|
|
that obligates the district to employ the person for the following |
|
|
school year and who: |
|
|
(1) resigns; |
|
|
(2) fails without good cause to comply with Subsection |
|
|
(a) or (b); and |
|
|
(3) fails to perform the contract. |
|
|
SECTION 55. Section 21.253(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) A teacher must file a written request for a hearing |
|
|
under this subchapter with the district [commissioner] not later |
|
|
than the 15th day after the date the teacher receives written notice |
|
|
of the proposed action. [The teacher must provide the district with
|
|
|
a copy of the request and must provide the commissioner with a copy
|
|
|
of the notice.] |
|
|
SECTION 56. Sections 21.254(b) and (e), Education Code, are |
|
|
amended to read as follows: |
|
|
(b) If a hearing examiner is not selected by the parties to a |
|
|
pending case under Subsection (e), the [The] commissioner shall |
|
|
immediately assign the hearing examiner for a particular case by |
|
|
selecting the next person named on the list who resides within |
|
|
reasonable proximity to the district as determined by the |
|
|
commissioner. The commissioner may not change the order of names |
|
|
once the order is established under this section, except that once |
|
|
each hearing examiner on the list has been assigned to a case, the |
|
|
names shall be randomly reordered. When a hearing examiner has been |
|
|
assigned to a case, the commissioner shall immediately notify the |
|
|
parties. An assignment under this section is final. |
|
|
(e) After the teacher receives the notice of the proposed |
|
|
action, the parties by agreement may select a hearing examiner from |
|
|
the list maintained by the commissioner under Subsection (a) or a |
|
|
person who is not certified to serve as a hearing examiner. A |
|
|
person who is not a certified hearing examiner may be selected only |
|
|
if the person is licensed to practice law in this state. If the |
|
|
parties do not agree on a hearing examiner, the parties shall |
|
|
request an assignment from [, before the date the commissioner is
|
|
|
permitted to assign a hearing examiner, notify] the commissioner |
|
|
under Subsection (b) not later than the 25th calendar day after the |
|
|
date the teacher receives the notice of the proposed action [in
|
|
|
writing of the agreement, including the name of the hearing
|
|
|
examiner selected]. |
|
|
SECTION 57. Section 21.255(d), Education Code, is amended |
|
|
to read as follows: |
|
|
(d) If the hearing examiner is unable to continue presiding |
|
|
over a case at any time before issuing a recommendation or decision, |
|
|
the parties shall select by agreement or request the assignment of |
|
|
another hearing examiner under Section 21.254 who, after a review |
|
|
of the record, shall perform any remaining functions without the |
|
|
necessity of repeating any previous proceedings. |
|
|
SECTION 58. Section 21.4021(g), Education Code, is amended |
|
|
to read as follows: |
|
|
(g) If a board of trustees adopts a furlough program after |
|
|
the date by which a teacher must give notice of resignation under |
|
|
Section 21.105, 21.160, or 21.210, as applicable, a teacher who |
|
|
subsequently resigns is not subject to sanctions imposed by the |
|
|
commissioner [State Board for Educator Certification] as otherwise |
|
|
authorized by those sections. |
|
|
SECTION 59. Section 21.503, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 21.503. ELIGIBILITY. A person is eligible for the |
|
|
program if the person: |
|
|
(1) has served in the armed forces of the United |
|
|
States; |
|
|
(2) is honorably discharged, retired, or released from |
|
|
active duty on or after October 1, 1990, after at least six years of |
|
|
continuous active duty service immediately before the discharge, |
|
|
retirement, or release; |
|
|
(3) has received a baccalaureate or advanced degree |
|
|
from a public or private institution of higher education accredited |
|
|
by a regional accrediting agency or group that is recognized by a |
|
|
nationally recognized accreditation board; and |
|
|
(4) satisfies any other criteria for selection |
|
|
[jointly] prescribed by the agency [and the State Board for
|
|
|
Educator Certification]. |
|
|
SECTION 60. Section 21.504(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) The agency [and the State Board for Educator
|
|
|
Certification] shall distribute the applications and information |
|
|
regarding the program. |
|
|
SECTION 61. Section 21.510(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) For purposes of this section, a participant in the |
|
|
program is not considered to be in violation of an agreement under |
|
|
Section 21.508 during any period in which the participant: |
|
|
(1) is pursuing a full-time course of study related to |
|
|
the field of teaching at a public or private institution of higher |
|
|
education approved by the commissioner [State Board for Educator
|
|
|
Certification]; |
|
|
(2) is serving on active duty as a member of the armed |
|
|
forces of the United States; |
|
|
(3) is temporarily totally disabled for a period not |
|
|
to exceed three years as established by sworn affidavit of a |
|
|
qualified physician; |
|
|
(4) is unable to secure employment for a period not to |
|
|
exceed one year because of care required by a disabled spouse; |
|
|
(5) is seeking and unable to find full-time employment |
|
|
as a teacher in a public elementary or secondary school for a single |
|
|
period not to exceed 27 months; or |
|
|
(6) satisfies the provisions of any additional |
|
|
reimbursement exception adopted by the agency. |
|
|
SECTION 62. Sections 21.551 and 21.553, Education Code, are |
|
|
amended to read as follows: |
|
|
Sec. 21.551. PURPOSES. The purposes of the alternative |
|
|
certification Teach for Texas Pilot Program are to: |
|
|
(1) attract to the teaching profession persons who |
|
|
have expressed interest in teaching and to support the |
|
|
certification of those persons as teachers; |
|
|
(2) recognize the importance of the certification |
|
|
process [governed by the State Board for Educator Certification] |
|
|
under Subchapter B, which requires verification of competence in |
|
|
subject area and professional knowledge and skills; |
|
|
(3) encourage the creation and expansion of educator |
|
|
preparation programs that recognize the knowledge and skills gained |
|
|
through previous educational and work-related experiences and that |
|
|
are delivered in a manner that recognizes individual circumstances, |
|
|
including the need to remain employed full-time while enrolled in |
|
|
the Teach for Texas Pilot Program; and |
|
|
(4) provide annual stipends to postbaccalaureate |
|
|
teacher certification candidates. |
|
|
Sec. 21.553. FINANCIAL INCENTIVES. (a) The pilot program |
|
|
must offer to participants financial incentives, including tuition |
|
|
assistance and loan forgiveness. In offering a financial |
|
|
incentive, the commissioner [State Board for Educator
|
|
|
Certification] shall: |
|
|
(1) require a contract between each participant who |
|
|
accepts a financial incentive and the commissioner [State Board for
|
|
|
Educator Certification] under which the participant is obligated to |
|
|
teach in a public school in this state for a stated period after |
|
|
certification; |
|
|
(2) provide financial incentives in proportion to the |
|
|
length of the period the participant is obligated by contract to |
|
|
teach after certification; and |
|
|
(3) give special financial incentives to a participant |
|
|
who agrees in the contract to teach in an underserved area. |
|
|
(b) Financial incentives may be paid only from funds |
|
|
appropriated specifically for that purpose and from gifts, grants, |
|
|
and donations solicited or accepted by the commissioner [State
|
|
|
Board for Educator Certification] for that purpose. |
|
|
(c) The commissioner [State Board for 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 63. Section 21.604(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) The agency [and the State Board for Educator
|
|
|
Certification] shall distribute the applications and information |
|
|
regarding the program. |
|
|
SECTION 64. Section 21.609(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) For purposes of this section, a participant in the |
|
|
program is not considered to be in violation of an agreement under |
|
|
Section 21.607 during any period in which the participant: |
|
|
(1) is pursuing a full-time course of study related to |
|
|
the field of teaching at an institution of higher education |
|
|
approved by the commissioner [State Board for Educator
|
|
|
Certification]; |
|
|
(2) is serving on active duty as a member of the armed |
|
|
forces of the United States; |
|
|
(3) is temporarily totally disabled for a period not |
|
|
to exceed three years as established by affidavit of a qualified |
|
|
physician; |
|
|
(4) is unable to secure employment for a period not to |
|
|
exceed one year because of care required by a disabled spouse; |
|
|
(5) is seeking and unable to find full-time employment |
|
|
as a teacher in a public elementary or secondary school for a single |
|
|
period not to exceed 27 months; or |
|
|
(6) satisfies the provisions of any additional |
|
|
reimbursement exception adopted by the agency. |
|
|
SECTION 65. Section 22.0512(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) In this section, "disciplinary proceeding" means: |
|
|
(1) an action brought by the school district employing |
|
|
a professional employee of a school district to discharge or |
|
|
suspend the employee or terminate or not renew the employee's term |
|
|
contract; or |
|
|
(2) an action brought by the commissioner [State Board
|
|
|
for Educator Certification] to enforce the educator's code of |
|
|
ethics adopted under Section 21.041(b)(8). |
|
|
SECTION 66. Section 22.082, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY |
|
|
COMMISSIONER [STATE BOARD FOR EDUCATOR CERTIFICATION]. The |
|
|
commissioner [State Board for Educator Certification] shall |
|
|
subscribe to the criminal history clearinghouse as provided by |
|
|
Section 411.0845, Government Code, and may obtain from any law |
|
|
enforcement or criminal justice agency all criminal history record |
|
|
information and all records contained in any closed criminal |
|
|
investigation file that relate to a specific applicant for or |
|
|
holder of a certificate issued under Subchapter B, Chapter 21. |
|
|
SECTION 67. Sections 22.0831(c), (d), (e), and (f), |
|
|
Education Code, are amended to read as follows: |
|
|
(c) The commissioner [board] shall review the national |
|
|
criminal history record information of a person who has not |
|
|
previously submitted fingerprints to the department or been subject |
|
|
to a national criminal history record information review. |
|
|
(d) The commissioner [board] shall place an educator's |
|
|
certificate on inactive status for failure to comply with a |
|
|
deadline for submitting information required under this section. |
|
|
(e) The commissioner [board] may allow a person who is |
|
|
applying for a certificate under Subchapter B, Chapter 21, and who |
|
|
currently resides in another state to submit the person's |
|
|
fingerprints and other required information in a manner that does |
|
|
not impose an undue hardship on the person. |
|
|
(f) The commissioner [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 68. Section 22.0832(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) The agency shall review the national criminal history |
|
|
record information of an employee of an open-enrollment charter |
|
|
school to whom Section 12.1059 applies in the same manner as the |
|
|
commissioner [State Board for Educator Certification] reviews |
|
|
certified educators under Section 22.0831. If the agency |
|
|
determines that, based on information contained in an employee's |
|
|
criminal history record information, the employee would not be |
|
|
eligible for educator certification under Subchapter B, Chapter 21, |
|
|
the agency shall notify the open-enrollment charter school in |
|
|
writing that the person may not be employed by the school or serve |
|
|
in a capacity described by Section 12.1059. |
|
|
SECTION 69. Section 22.0833(h), Education Code, is amended |
|
|
to read as follows: |
|
|
(h) The agency, [the State Board for Educator
|
|
|
Certification,] school districts, open-enrollment charter schools, |
|
|
and shared services arrangements may coordinate as necessary to |
|
|
ensure that criminal history reviews authorized or required under |
|
|
this subchapter are not unnecessarily duplicated. |
|
|
SECTION 70. Sections 22.085(d) and (e), Education Code, are |
|
|
amended to read as follows: |
|
|
(d) A school district, open-enrollment charter school, |
|
|
private school, regional education service center, or shared |
|
|
services arrangement may discharge an employee if the district or |
|
|
school obtains information of the employee's conviction of a felony |
|
|
or of a misdemeanor involving moral turpitude that the employee did |
|
|
not disclose to the commissioner [State Board for Educator
|
|
|
Certification] or the district, school, service center, or shared |
|
|
services arrangement. An employee discharged under this section is |
|
|
considered to have been discharged for misconduct for purposes of |
|
|
Section 207.044, Labor Code. For purposes of this subsection, a |
|
|
disclosure to the State Board for Educator Certification before |
|
|
September 1, 2015, is considered a disclosure to the commissioner. |
|
|
(e) The commissioner [State Board for Educator
|
|
|
Certification] may impose a sanction on an educator who does not |
|
|
discharge an employee or refuse to hire an applicant if the educator |
|
|
knows or should have known, through a criminal history record |
|
|
information review, that the employee or applicant has been |
|
|
convicted of an offense described by Subsection (a). |
|
|
SECTION 71. Sections 22.086 and 22.087, Education Code, are |
|
|
amended to read as follows: |
|
|
Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The |
|
|
commissioner [State Board for Educator Certification], a school |
|
|
district, an open-enrollment charter school, a private school, a |
|
|
regional education service center, a shared services arrangement, |
|
|
or an employee of the agency [board], district, school, service |
|
|
center, or shared services arrangement is not civilly or criminally |
|
|
liable for making a report required under this subchapter. |
|
|
Sec. 22.087. NOTIFICATION TO COMMISSIONER [STATE BOARD FOR
|
|
|
EDUCATOR CERTIFICATION]. The superintendent of a school district |
|
|
or the director of an open-enrollment charter school, private |
|
|
school, regional education service center, or shared services |
|
|
arrangement shall promptly notify the commissioner [State Board for
|
|
|
Educator Certification] in writing if the person obtains or has |
|
|
knowledge of information showing that an applicant for or holder of |
|
|
a certificate issued under Subchapter B, Chapter 21, has a reported |
|
|
criminal history. |
|
|
SECTION 72. Section 25.001(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) The board of trustees of a school district or its |
|
|
designee shall admit into the public schools of the district free of |
|
|
tuition a person who is over five and younger than 21 years of age on |
|
|
the first day of September of the school year in which admission is |
|
|
sought, and may admit a person who is at least 21 years of age and |
|
|
under 26 years of age for the purpose of completing the requirements |
|
|
for a high school diploma, if: |
|
|
(1) the person and either parent of the person reside |
|
|
in the school district; |
|
|
(2) the person does not reside in the school district |
|
|
but a parent of the person resides in the school district and that |
|
|
parent is a joint managing conservator or the sole managing |
|
|
conservator or possessory conservator of the person; |
|
|
(3) the person and the person's guardian or other |
|
|
person having lawful control of the person under a court order |
|
|
reside within the school district; |
|
|
(4) the person has established a separate residence |
|
|
under Subsection (d); |
|
|
(5) the person is homeless, as defined by 42 U.S.C. |
|
|
Section 11302, regardless of the residence of the person, of either |
|
|
parent of the person, or of the person's guardian or other person |
|
|
having lawful control of the person; |
|
|
(6) the person is a foreign exchange student placed |
|
|
with a host family that resides in the school district by a |
|
|
nationally recognized foreign exchange program[, unless the school
|
|
|
district has applied for and been granted a waiver by the
|
|
|
commissioner under Subsection (e)]; |
|
|
(7) the person resides at a residential facility |
|
|
located in the district; |
|
|
(8) the person resides in the school district and is 18 |
|
|
years of age or older or the person's disabilities of minority have |
|
|
been removed; or |
|
|
(9) the person does not reside in the school district |
|
|
but the grandparent of the person: |
|
|
(A) resides in the school district; and |
|
|
(B) provides a substantial amount of |
|
|
after-school care for the person as determined by the board. |
|
|
SECTION 73. Section 25.008(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) Subsection (a) does not apply to enrollment in a program |
|
|
under Section 29.088 or [,] 29.090[, or 29.098] or in a similar |
|
|
intensive program. |
|
|
SECTION 74. Section 29.007, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 29.007. SHARED SERVICES ARRANGEMENTS. School |
|
|
districts may enter into a written contract to jointly operate |
|
|
their special education programs. [The contract must be approved
|
|
|
by the commissioner.] Funds to which the cooperating districts are |
|
|
entitled may be allocated to the districts jointly as shared |
|
|
services arrangement units or shared services arrangement funds in |
|
|
accordance with the shared services arrangement districts' |
|
|
agreement. |
|
|
SECTION 75. Sections 29.061(a), (b), (c), and (e), |
|
|
Education Code, are amended to read as follows: |
|
|
(a) The commissioner [State Board for Educator
|
|
|
Certification] shall provide for the issuance of teaching |
|
|
certificates appropriate for bilingual education instruction to |
|
|
teachers who possess a speaking, reading, and writing ability in a |
|
|
language other than English in which bilingual education programs |
|
|
are offered and who meet the general requirements of Chapter 21. |
|
|
The commissioner [board] shall also provide for the issuance of |
|
|
teaching certificates appropriate for teaching English as a second |
|
|
language. The commissioner [board] may issue emergency |
|
|
endorsements in bilingual education and in teaching English as a |
|
|
second language. |
|
|
(b) A teacher assigned to a bilingual education program must |
|
|
be appropriately certified for bilingual education by the |
|
|
commissioner [board]. |
|
|
(c) A teacher assigned to an English as a second language or |
|
|
other special language program must be appropriately certified for |
|
|
English as a second language by the commissioner [board]. |
|
|
(e) The commissioner [State Board for Educator
|
|
|
Certification] and the Texas Higher Education Coordinating Board |
|
|
shall develop a comprehensive plan for meeting the teacher supply |
|
|
needs created by the programs outlined in this subchapter. |
|
|
SECTION 76. Sections 33.002(b) and (c), Education Code, are |
|
|
amended to read as follows: |
|
|
(b) A school district with 500 or more students enrolled in |
|
|
elementary school grades shall employ a school counselor certified |
|
|
under Subchapter B, Chapter 21, [the rules of the State Board for
|
|
|
Educator Certification] for each elementary school in the |
|
|
district. A school district shall employ at least one school |
|
|
counselor for every 500 elementary school students in the district. |
|
|
(c) A school district with fewer than 500 students enrolled |
|
|
in elementary school grades shall provide guidance and counseling |
|
|
services to elementary school students by: |
|
|
(1) employing a part-time school counselor certified |
|
|
under Subchapter B, Chapter 21 [the rules of the State Board for
|
|
|
Educator Certification]; |
|
|
(2) employing a part-time teacher certified as a |
|
|
school counselor under Subchapter B, Chapter 21 [the rules of the
|
|
|
State Board for Educator Certification]; or |
|
|
(3) entering into a shared services arrangement |
|
|
agreement with one or more school districts to share a school |
|
|
counselor certified under Subchapter B, Chapter 21 [the rules of
|
|
|
the State Board for Educator Certification]. |
|
|
SECTION 77. Section 33.007(c), Education Code, is amended |
|
|
to read as follows: |
|
|
(c) At the beginning of grades 10 and 11, a school counselor |
|
|
certified under Subchapter B, Chapter 21, [the rules of the State
|
|
|
Board for Educator Certification] shall explain the requirements of |
|
|
automatic admission to a general academic teaching institution |
|
|
under Section 51.803 to each student enrolled in a high school or at |
|
|
the high school level in an open-enrollment charter school who has a |
|
|
grade point average in the top 25 percent of the student's high |
|
|
school class. |
|
|
SECTION 78. Section 33.081(d-1), Education Code, is amended |
|
|
to read as follows: |
|
|
(d-1) Subsections (c) and (d) do not apply to an advanced |
|
|
placement or international baccalaureate course, or to an honors or |
|
|
dual credit course in the subject areas of English language arts, |
|
|
mathematics, science, social studies, economics, or a language |
|
|
other than English. [The agency shall review on a biennial basis
|
|
|
courses described by this subsection to determine if other courses
|
|
|
should be excluded from the requirement that a student be suspended
|
|
|
from participation in an extracurricular activity under Subsection
|
|
|
(c).
Not later than January 1 of each odd-numbered year, the agency
|
|
|
shall report the findings under this subsection to the
|
|
|
legislature.] |
|
|
SECTION 79. Section 37.006(o), Education Code, is amended |
|
|
to read as follows: |
|
|
(o) In addition to any notice required under Article 15.27, |
|
|
Code of Criminal Procedure, a principal or a principal's designee |
|
|
shall inform each educator who has responsibility for, or is under |
|
|
the direction and supervision of an educator who has responsibility |
|
|
for, the instruction of a student who has engaged in any violation |
|
|
listed in this section of the student's misconduct. Each educator |
|
|
shall keep the information received under this subsection |
|
|
confidential from any person not entitled to the information under |
|
|
this subsection, except that the educator may share the information |
|
|
with the student's parent or guardian as provided for by state or |
|
|
federal law. The commissioner [State Board for Educator
|
|
|
Certification] may revoke or suspend the certification of an |
|
|
educator who intentionally violates this subsection. |
|
|
SECTION 80. Section 37.007(g), Education Code, is amended |
|
|
to read as follows: |
|
|
(g) In addition to any notice required under Article 15.27, |
|
|
Code of Criminal Procedure, a school district shall inform each |
|
|
educator who has responsibility for, or is under the direction and |
|
|
supervision of an educator who has responsibility for, the |
|
|
instruction of a student who has engaged in any violation listed in |
|
|
this section of the student's misconduct. Each educator shall keep |
|
|
the information received under this subsection confidential from |
|
|
any person not entitled to the information under this subsection, |
|
|
except that the educator may share the information with the |
|
|
student's parent or guardian as provided for by state or federal |
|
|
law. The commissioner [State Board for Educator Certification] may |
|
|
revoke or suspend the certification of an educator who |
|
|
intentionally violates this subsection. |
|
|
SECTION 81. Sections 39.0302(a) and (d), Education Code, |
|
|
are amended to read as follows: |
|
|
(a) During an agency investigation or audit of a school |
|
|
district under Section 39.0301(e) or (f), an accreditation |
|
|
investigation under Section 39.057(a)(8) or (13), or an |
|
|
investigation [by the State Board for Educator Certification] of an |
|
|
educator for an alleged violation of an assessment instrument |
|
|
security procedure established under Section 39.0301(a), the |
|
|
commissioner may issue a subpoena to compel the attendance of a |
|
|
relevant witness or the production, for inspection or copying, of |
|
|
relevant evidence that is located in this state. |
|
|
(d) All information and materials subpoenaed or compiled in |
|
|
connection with an investigation or audit described by Subsection |
|
|
(a): |
|
|
(1) are confidential and not subject to disclosure |
|
|
under Chapter 552, Government Code; and |
|
|
(2) are not subject to disclosure, discovery, |
|
|
subpoena, or other means of legal compulsion for release to any |
|
|
person other than: |
|
|
(A) the commissioner [or the State Board for
|
|
|
Educator Certification, as applicable]; |
|
|
(B) agency employees or agents involved in the |
|
|
investigation, as applicable; and |
|
|
(C) the office of the attorney general, the state |
|
|
auditor's office, and law enforcement agencies. |
|
|
SECTION 82. Section 39.102(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) If a school district does not satisfy the accreditation |
|
|
criteria under Section 39.052, the academic performance standards |
|
|
under Section 39.053 or 39.054, or any financial accountability |
|
|
standard as determined by commissioner rule, the commissioner shall |
|
|
take any of the following actions to the extent the commissioner |
|
|
determines necessary: |
|
|
(1) issue public notice of the deficiency to the board |
|
|
of trustees; |
|
|
(2) order a hearing conducted by the board of trustees |
|
|
of the district for the purpose of notifying the public of the |
|
|
insufficient performance, the improvements in performance expected |
|
|
by the agency, and the interventions and sanctions that may be |
|
|
imposed under this section if the performance does not improve; |
|
|
(3) order the preparation of a student achievement |
|
|
improvement plan that addresses each student achievement indicator |
|
|
under Section 39.053(c) for which the district's performance is |
|
|
insufficient, the submission of the plan to the commissioner for |
|
|
approval, and implementation of the plan; |
|
|
(4) order a hearing to be held before the commissioner |
|
|
or the commissioner's designee at which the president of the board |
|
|
of trustees of the district and the superintendent shall appear and |
|
|
explain the district's low performance, lack of improvement, and |
|
|
plans for improvement; |
|
|
(5) arrange an on-site investigation of the district; |
|
|
(6) appoint an agency monitor to participate in and |
|
|
report to the agency on the activities of the board of trustees or |
|
|
the superintendent; |
|
|
(7) appoint a conservator to oversee the operations of |
|
|
the district; |
|
|
(8) appoint a management team to direct the operations |
|
|
of the district in areas of insufficient performance or require the |
|
|
district to obtain certain services under a contract with another |
|
|
person; |
|
|
(9) if a district has a current accreditation status |
|
|
of accredited-warned or accredited-probation, fails to satisfy any |
|
|
standard under Section 39.054(e), or fails to satisfy financial |
|
|
accountability standards as determined by commissioner rule, |
|
|
appoint a board of managers to exercise the powers and duties of the |
|
|
board of trustees; |
|
|
(10) if for two consecutive school years, including |
|
|
the current school year, a district has received an accreditation |
|
|
status of accredited-warned or accredited-probation, has failed to |
|
|
satisfy any standard under Section 39.054(e), or has failed to |
|
|
satisfy financial accountability standards as determined by |
|
|
commissioner rule, revoke the district's accreditation and: |
|
|
(A) order closure of the district and annex the |
|
|
district to one or more [adjoining] districts under Section 13.054; |
|
|
or |
|
|
(B) in the case of a home-rule school district or |
|
|
open-enrollment charter school, order closure of all programs |
|
|
operated under the district's or school's charter; or |
|
|
(11) if a district has failed to satisfy any standard |
|
|
under Section 39.054(e) due to the district's dropout rates, impose |
|
|
sanctions designed to improve high school completion rates, |
|
|
including: |
|
|
(A) ordering the development of a dropout |
|
|
prevention plan for approval by the commissioner; |
|
|
(B) restructuring the district or appropriate |
|
|
school campuses to improve identification of and service to |
|
|
students who are at risk of dropping out of school, as defined by |
|
|
Section 29.081; |
|
|
(C) ordering lower student-to-counselor ratios |
|
|
on school campuses with high dropout rates; and |
|
|
(D) ordering the use of any other intervention |
|
|
strategy effective in reducing dropout rates, including mentor |
|
|
programs and flexible class scheduling. |
|
|
SECTION 83. Section 39.112, Education Code, is amended by |
|
|
adding Subsection (f) to read as follows: |
|
|
(f) Subsection (e) does not apply if the district will be |
|
|
closed and its territory annexed to one or more other school |
|
|
districts in accordance with other law. In that circumstance, the |
|
|
board of managers may, as determined by the commissioner, continue |
|
|
to oversee the closure and annexation of the district until the |
|
|
effective date of the district's annexation. |
|
|
SECTION 84. The heading to Section 39.204, Education Code, |
|
|
is amended to read as follows: |
|
|
Sec. 39.204. CAMPUS DISTINCTION DESIGNATION CRITERIA[;
|
|
|
COMMITTEES]. |
|
|
SECTION 85. Section 39.233, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 39.233. [RECOGNITION OF] HIGH SCHOOL COMPLETION AND |
|
|
SUCCESS AND COLLEGE READINESS PROGRAMS; AGENCY GUIDANCE. [(a)] |
|
|
The agency shall[:
|
|
|
[(1)
develop standards for evaluating the success and
|
|
|
cost-effectiveness of high school completion and success and
|
|
|
college readiness programs implemented under Section 39.234;
|
|
|
[(2)] provide guidance for school districts and |
|
|
campuses in establishing and improving high school completion and |
|
|
success and college readiness programs implemented under Section |
|
|
39.234[; and
|
|
|
[(3)
develop standards for selecting and methods for
|
|
|
recognizing school districts and campuses that offer exceptional
|
|
|
high school completion and success and college readiness programs
|
|
|
under Section 39.234.
|
|
|
[(b)
The commissioner may adopt rules for the
|
|
|
administration of this section]. |
|
|
SECTION 86. Section 39.235(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) From funds appropriated for that purpose, the |
|
|
commissioner may establish a grant program under which grants are |
|
|
awarded to middle, junior high, and high school campuses and school |
|
|
districts to support: |
|
|
(1) the implementation of innovative improvement |
|
|
programs that are based on the best available research regarding |
|
|
middle, junior high, or high school reform, dropout prevention, and |
|
|
preparing students for postsecondary coursework or employment; and |
|
|
(2) enhancing education practices that have been |
|
|
demonstrated by significant evidence of effectiveness[; and
|
|
|
[(3)
the alignment of grants and programs to the
|
|
|
strategic plan adopted under Section 39.407]. |
|
|
SECTION 87. Sections 39.301(c) and (d), Education Code, are |
|
|
amended to read as follows: |
|
|
(c) Indicators for reporting purposes must include: |
|
|
(1) the percentage of graduating students who meet the |
|
|
course requirements established by State Board of Education rule |
|
|
for: |
|
|
(A) the foundation high school program; |
|
|
(B) the distinguished level of achievement under |
|
|
the foundation high school program; and |
|
|
(C) each endorsement described by Section |
|
|
28.025(c-1); |
|
|
(2) the results of the SAT, ACT, articulated |
|
|
postsecondary degree programs described by Section 61.852, and |
|
|
certified workforce training programs described by Chapter 311, |
|
|
Labor Code; |
|
|
(3) for students who have failed to perform |
|
|
satisfactorily, under each performance standard under Section |
|
|
39.0241, on an assessment instrument required under Section |
|
|
39.023(a) or (c), the performance of those students on subsequent |
|
|
assessment instruments required under those sections, aggregated |
|
|
by grade level and subject area; |
|
|
(4) for each campus, the number of students, |
|
|
disaggregated by major student subpopulations, that take courses |
|
|
under the foundation high school program and take additional |
|
|
courses to earn an endorsement under Section 28.025(c-1), |
|
|
disaggregated by type of endorsement; |
|
|
(5) the percentage of students, aggregated by grade |
|
|
level, provided accelerated instruction under Section 28.0211(c), |
|
|
the results of assessment instruments administered under that |
|
|
section, the percentage of students promoted through the grade |
|
|
placement committee process under Section 28.0211, the subject of |
|
|
the assessment instrument on which each student failed to perform |
|
|
satisfactorily under each performance standard under Section |
|
|
39.0241, and the performance of those students in the school year |
|
|
following that promotion on the assessment instruments required |
|
|
under Section 39.023; |
|
|
(6) [the percentage of students of limited English
|
|
|
proficiency exempted from the administration of an assessment
|
|
|
instrument under Sections 39.027(a)(1) and (2);
|
|
|
[(7)] the percentage of students in a special |
|
|
education program under Subchapter A, Chapter 29, assessed through |
|
|
assessment instruments developed or adopted under Section |
|
|
39.023(b); |
|
|
(7) [(8)] the percentage of students who satisfy the |
|
|
college readiness measure; |
|
|
(8) [(9)] the measure of progress toward dual language |
|
|
proficiency under Section 39.034(b), for students of limited |
|
|
English proficiency, as defined by Section 29.052; |
|
|
(9) [(10)] the percentage of students who are not |
|
|
educationally disadvantaged; |
|
|
(10) [(11)] the percentage of students who enroll and |
|
|
begin instruction at an institution of higher education in the |
|
|
school year following high school graduation; and |
|
|
(11) [(12)] the percentage of students who |
|
|
successfully complete the first year of instruction at an |
|
|
institution of higher education without needing a developmental |
|
|
education course. |
|
|
(d) Performance on the indicators described by Section |
|
|
39.053(c) and Subsections (c)(3), (4), and (8) [(9)] must be based |
|
|
on longitudinal student data that is disaggregated by the bilingual |
|
|
education or special language program, if any, in which students of |
|
|
limited English proficiency, as defined by Section 29.052, are or |
|
|
former students of limited English proficiency were enrolled. If a |
|
|
student described by this subsection is not or was not enrolled in |
|
|
specialized language instruction, the number and percentage of |
|
|
those students shall be provided. |
|
|
SECTION 88. Section 39.409, Education Code, is transferred |
|
|
to Subchapter Z, Chapter 29, Education Code, redesignated as |
|
|
Section 29.921, Education Code, and amended to read as follows: |
|
|
Sec. 29.921 [39.409]. PRIVATE FOUNDATION PARTNERSHIPS. |
|
|
(a) The commissioner of education or the commissioner of higher |
|
|
education, as appropriate, [and the council] may coordinate with |
|
|
private foundations that have made a substantial investment in the |
|
|
improvement of high schools in this state to maximize the impact of |
|
|
public and private investments. |
|
|
(b) A private foundation is not required to obtain the |
|
|
approval of the appropriate commissioner [or the council] under |
|
|
Subsection (a) before allocating resources to a school in this |
|
|
state. |
|
|
SECTION 89. Section 39.413, Education Code, is transferred |
|
|
to Subchapter C, Chapter 61, Education Code, redesignated as |
|
|
Section 61.0767, Education Code, and amended to read as follows: |
|
|
Sec. 61.0767 [39.413]. FUNDING FOR CERTAIN PROGRAMS. (a) |
|
|
From funds appropriated, the board [Texas Higher Education
|
|
|
Coordinating Board] shall allocate $8.75 million each year to |
|
|
establish mathematics, science, and technology teacher preparation |
|
|
academies under Section 61.0766[, provide funding to the
|
|
|
commissioner of education to implement and administer the program
|
|
|
under Section 29.098,] and award grants under Section |
|
|
61.0762(a)(3). |
|
|
(b) The board [Texas Higher Education Coordinating Board] |
|
|
shall establish mathematics, science, and technology teacher |
|
|
preparation academies under Section 61.0766[, provide funding to
|
|
|
the commissioner of education to implement and administer the
|
|
|
program under Section 29.098,] and award grants under Section |
|
|
61.0762(a)(3) in a manner consistent with [the goals of this
|
|
|
subchapter and] the goals in "Closing the Gaps," the state's master |
|
|
plan for higher education. |
|
|
SECTION 90. Subchapter A, Chapter 42, Education Code, is |
|
|
amended by adding Section 42.011 to read as follows: |
|
|
Sec. 42.011. FUNDS AUDIT. (a) The agency shall develop and |
|
|
implement by rule an auditing system for expenditures of funds |
|
|
under the Foundation School Program by school districts and |
|
|
open-enrollment charter schools. An auditing system developed |
|
|
under this section must use a standard, risk-based approach. |
|
|
(b) The agency shall provide guidance relating to an audit |
|
|
developed under this section through any training or reference |
|
|
material the agency provides to school districts or open-enrollment |
|
|
charter schools. |
|
|
SECTION 91. Sections 45.208(a) and (e), Education Code, are |
|
|
amended to read as follows: |
|
|
(a) The bank or banks selected as the depository or |
|
|
depositories and the school district shall enter into a depository |
|
|
contract or contracts, bond or bonds, or other necessary |
|
|
instruments setting forth the duties and agreements pertaining to |
|
|
the depository and including any other information specified by the |
|
|
agency [, in a form and with the content prescribed by the State
|
|
|
Board of Education]. The parties shall attach to the depository |
|
|
contract and incorporate by reference the bid or proposal of the |
|
|
depository. |
|
|
(e) A copy of a direct deposit form that identifies a |
|
|
depository [the depository contract and bond] shall be filed with |
|
|
the agency. |
|
|
SECTION 92. Section 52.31, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 52.31. PARTICIPATING INSTITUTIONS. In this |
|
|
subchapter, "participating higher educational institution" means a |
|
|
public or private nonprofit institution of higher education, |
|
|
including a junior college, accredited by a recognized accrediting |
|
|
agency as defined by Section 61.003, or a regional education |
|
|
service center or other entity that offers an alternative educator |
|
|
certification program approved by the commissioner of education |
|
|
[State Board for Educator Certification], that: |
|
|
(1) is located in this state; and |
|
|
(2) complies with the provisions of this chapter and |
|
|
the rules of the board promulgated in accordance with this chapter. |
|
|
SECTION 93. Section 52.32(b), Education Code, is amended to |
|
|
read as follows: |
|
|
(b) If a loan applicant is enrolled at a career school or |
|
|
college in a degree program that is approved by the board or at a |
|
|
regional education service center or other entity in an alternative |
|
|
educator certification program that is approved by the commissioner |
|
|
of education [State Board for Educator Certification], the |
|
|
applicant is not required to provide evidence that the applicant is |
|
|
unable to obtain a guaranteed student loan from a commercial lender |
|
|
under Subsection (a-1). |
|
|
SECTION 94. Section 61.0514, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 61.0514. INTEGRATED COURSEWORK. The board, with the |
|
|
cooperation and advice of the commissioner of education [State
|
|
|
Board for Educator Certification], shall adopt educator |
|
|
preparation coursework guidelines that promote, to the greatest |
|
|
extent practicable, the integration of subject matter knowledge |
|
|
with classroom teaching strategies and techniques in order to |
|
|
maximize the effectiveness and efficiency of coursework required |
|
|
for certification under Subchapter B, Chapter 21. |
|
|
SECTION 95. Section 61.076(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) The P-16 Council is composed of the commissioner of |
|
|
education, the commissioner of higher education, the executive |
|
|
director of the Texas Workforce Commission, [the executive director
|
|
|
of the State Board for Educator Certification,] and the |
|
|
commissioner of assistive and rehabilitative services. The |
|
|
commissioner of higher education and the commissioner of education |
|
|
shall serve as co-chairs of the council. |
|
|
SECTION 96. Section 61.0761(a), Education Code, is amended |
|
|
to read as follows: |
|
|
(a) The P-16 Council established under Section 61.076 shall |
|
|
recommend to the commissioner of education and the board a college |
|
|
readiness and success strategic action plan to increase student |
|
|
success and decrease the number of students enrolling in |
|
|
developmental course work in institutions of higher education. The |
|
|
plan must include: |
|
|
(1) definitions, as determined by the P-16 Council in |
|
|
coordination with the State Board of Education, of the standards |
|
|
and expectations for college readiness that address the knowledge |
|
|
and skills expected of students to perform successfully in |
|
|
entry-level courses offered at institutions of higher education; |
|
|
(2) a description of the components of a P-16 |
|
|
individualized graduation plan sufficient to prepare students for |
|
|
college success; |
|
|
(3) the manner in which the Texas Education Agency |
|
|
should provide model curricula for use as a reference tool by school |
|
|
district employees; |
|
|
(4) recommendations to the Texas Education Agency, the |
|
|
State Board of Education, and the board regarding strategies for |
|
|
decreasing the number of students enrolling in developmental course |
|
|
work at institutions of higher education; |
|
|
(5) recommendations [to the State Board for Educator
|
|
|
Certification] regarding changes to educator certification and |
|
|
professional development requirements that contribute to the |
|
|
ability of public school teachers to prepare students for higher |
|
|
education; and |
|
|
(6) any other elements that the commissioner of |
|
|
education and the board suggest for inclusion in the plan. |
|
|
SECTION 97. Section 61.0766(b), Education Code, is amended |
|
|
to read as follows: |
|
|
(b) Before an institution of higher education establishes |
|
|
an academy under this section, the institution must apply through a |
|
|
competitive process, as determined by the board, and meet any |
|
|
requirements established by the board for designation as an academy |
|
|
under this section and continued funding. The institution of |
|
|
higher education must have a teacher preparation program approved |
|
|
by the commissioner of education [State Board for Educator
|
|
|
Certification] or be affiliated with a program approved by the |
|
|
commissioner [State Board for Educator Certification]. |
|
|
SECTION 98. Section 61.9832(a), Education Code, as added by |
|
|
Chapter 1229 (S.B. 1720), Acts of the 83rd Legislature, Regular |
|
|
Session, 2013, is amended to read as follows: |
|
|
(a) To be eligible to receive loan repayment assistance |
|
|
under this subchapter, a person must: |
|
|
(1) apply annually for the loan repayment assistance |
|
|
in the manner prescribed by the board; |
|
|
(2) be a United States citizen; |
|
|
(3) have completed an undergraduate or graduate |
|
|
program in mathematics or science; |
|
|
(4) have a cumulative grade point average of at least |
|
|
3.5 on a four-point scale or the equivalent; |
|
|
(5) be certified under Subchapter B, Chapter 21, to |
|
|
teach mathematics or science in a public school in this state or be |
|
|
enrolled in an educator preparation program to obtain that |
|
|
certification that is accredited by the commissioner of education |
|
|
[State Board for Educator Certification] and is provided by an |
|
|
institution of higher education or by a private or independent |
|
|
institution of higher education in this state; |
|
|
(6) have been employed for at least one year as a |
|
|
teacher teaching mathematics or science at a public school located |
|
|
in a school district that receives funding under Title I, |
|
|
Elementary and Secondary Education Act of 1965 (20 U.S.C. Section |
|
|
6301 et seq.); |
|
|
(7) not be in default on any other education loan; |
|
|
(8) not receive any other state or federal loan |
|
|
repayment assistance, including a Teacher Education Assistance for |
|
|
College and Higher Education (TEACH) Grant or teacher loan |
|
|
forgiveness; |
|
|
(9) enter into an agreement with the board under |
|
|
Subsection (c); and |
|
|
(10) comply with any other requirement adopted by the |
|
|
board under this subchapter. |
|
|
SECTION 99. Section 61.9834, Education Code, as added by |
|
|
Chapter 1229 (S.B. 1720), Acts of the 83rd Legislature, Regular |
|
|
Session, 2013, is amended to read as follows: |
|
|
Sec. 61.9834. EXCEPTION TO CONSECUTIVE YEARS OF EMPLOYMENT |
|
|
REQUIREMENT. The board shall excuse an otherwise eligible person |
|
|
from a requirement imposed by Section 61.9832 that the employment |
|
|
qualifying the person for loan repayment assistance be performed in |
|
|
consecutive years if the break in employment is a result of the |
|
|
person's: |
|
|
(1) full-time enrollment in a course of study related |
|
|
to the field of teaching that is approved by the commissioner of |
|
|
education [State Board for Educator Certification] and provided by |
|
|
an institution of higher education or by a private or independent |
|
|
institution of higher education in this state; |
|
|
(2) service on active duty as a member of the armed |
|
|
forces of the United States, including as a member of a reserve or |
|
|
National Guard unit called for active duty; |
|
|
(3) temporary total disability for a period of not |
|
|
more than 36 months as established by the affidavit of a qualified |
|
|
physician; |
|
|
(4) inability to secure employment as required by |
|
|
Section 61.9832 for a period not to exceed 12 months, because of |
|
|
care required by a disabled spouse or child; |
|
|
(5) inability, despite reasonable efforts, to secure, |
|
|
for a single period not to exceed 12 months, employment as required |
|
|
by Section 61.9832; or |
|
|
(6) satisfaction of the provisions of any other |
|
|
exception adopted by the board for purposes of this section. |
|
|
SECTION 100. Section 1001.254(a), Education Code, is |
|
|
amended to read as follows: |
|
|
(a) A temporary driver education instructor license may be |
|
|
issued authorizing a person to teach or provide classroom driver |
|
|
education training if the person: |
|
|
(1) has completed the educational requirements |
|
|
prescribed by Section 1001.253(d)(1); |
|
|
(2) holds a Texas teaching certificate with an |
|
|
effective date before February 1, 1986; |
|
|
(3) meets all license requirements, other than |
|
|
successful completion of the examination required under rules |
|
|
adopted by the commissioner of education [State Board for Educator
|
|
|
Certification] to revalidate the teaching certificate; and |
|
|
(4) demonstrates, in a manner prescribed by the |
|
|
commissioner, the intention to comply with the examination |
|
|
requirement at the first available opportunity. |
|
|
SECTION 101. Articles 15.27(a) and (l), Code of Criminal |
|
|
Procedure, are amended to read as follows: |
|
|
(a) A law enforcement agency that arrests any person or |
|
|
refers a child to the office or official designated by the juvenile |
|
|
board who the agency believes is enrolled as a student in a public |
|
|
primary or secondary school, for an offense listed in Subsection |
|
|
(h), shall attempt to ascertain whether the person is so enrolled. |
|
|
If the law enforcement agency ascertains that the individual is |
|
|
enrolled as a student in a public primary or secondary school, the |
|
|
head of the agency or a person designated by the head of the agency |
|
|
shall orally notify the superintendent or a person designated by |
|
|
the superintendent in the school district in which the student is |
|
|
enrolled of that arrest or referral within 24 hours after the arrest |
|
|
or referral is made, or before the next school day, whichever is |
|
|
earlier. If the law enforcement agency cannot ascertain whether |
|
|
the individual is enrolled as a student, the head of the agency or a |
|
|
person designated by the head of the agency shall orally notify the |
|
|
superintendent or a person designated by the superintendent in the |
|
|
school district in which the student is believed to be enrolled of |
|
|
that arrest or detention within 24 hours after the arrest or |
|
|
detention, or before the next school day, whichever is earlier. If |
|
|
the individual is a student, the superintendent or the |
|
|
superintendent's designee shall immediately notify all |
|
|
instructional and support personnel who have responsibility for |
|
|
supervision of the student. All personnel shall keep the |
|
|
information received in this subsection confidential. The |
|
|
commissioner of education [State Board for Educator Certification] |
|
|
may revoke or suspend the certification of personnel who |
|
|
intentionally violate this subsection. Within seven days after the |
|
|
date the oral notice is given, the head of the law enforcement |
|
|
agency or the person designated by the head of the agency shall mail |
|
|
written notification, marked "PERSONAL and CONFIDENTIAL" on the |
|
|
mailing envelope, to the superintendent or the person designated by |
|
|
the superintendent. The written notification must include the |
|
|
facts contained in the oral notification, the name of the person who |
|
|
was orally notified, and the date and time of the oral notification. |
|
|
Both the oral and written notice shall contain sufficient details |
|
|
of the arrest or referral and the acts allegedly committed by the |
|
|
student to enable the superintendent or the superintendent's |
|
|
designee to determine whether there is a reasonable belief that the |
|
|
student has engaged in conduct defined as a felony offense by the |
|
|
Penal Code. The information contained in the notice shall be |
|
|
considered by the superintendent or the superintendent's designee |
|
|
in making such a determination. |
|
|
(l) If a school district board of trustees learns of a |
|
|
failure by the superintendent of the district or a district |
|
|
principal to provide a notice required under Subsection (a), (a-1), |
|
|
or (b), the board of trustees shall report the failure to the |
|
|
commissioner of education [State Board for Educator
|
|
|
Certification]. If the governing body of a private primary or |
|
|
secondary school learns of a failure by the principal of the school |
|
|
to provide a notice required under Subsection (e), and the |
|
|
principal holds a certificate issued under Subchapter B, Chapter |
|
|
21, Education Code, the governing body shall report the failure to |
|
|
the commissioner of education [State Board for Educator
|
|
|
Certification]. |
|
|
SECTION 102. Article 42.018(b), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(b) Not later than the fifth day after the date a person who |
|
|
holds a certificate issued under Subchapter B, Chapter 21, |
|
|
Education Code, is convicted or granted deferred adjudication on |
|
|
the basis of an offense, the clerk of the court in which the |
|
|
conviction or deferred adjudication is entered shall provide to the |
|
|
commissioner of education [State Board for Educator Certification] |
|
|
written notice of the person's conviction or deferred adjudication, |
|
|
including the offense on which the conviction or deferred |
|
|
adjudication was based. |
|
|
SECTION 103. Sections 261.308(d) and (e), Family Code, are |
|
|
amended to read as follows: |
|
|
(d) The department shall release information regarding a |
|
|
person alleged to have committed abuse or neglect to persons who |
|
|
have control over the person's access to children, including, as |
|
|
appropriate, the Texas Education Agency, [the State Board for
|
|
|
Educator Certification,] the local school board or the school's |
|
|
governing body, the superintendent of the school district, or the |
|
|
school principal or director if the department determines that: |
|
|
(1) the person alleged to have committed abuse or |
|
|
neglect poses a substantial and immediate risk of harm to one or |
|
|
more children outside the family of a child who is the subject of |
|
|
the investigation; and |
|
|
(2) the release of the information is necessary to |
|
|
assist in protecting one or more children from the person alleged to |
|
|
have committed abuse or neglect. |
|
|
(e) On request, the department shall release information |
|
|
about a person alleged to have committed abuse or neglect to the |
|
|
commissioner of education [State Board for Educator Certification] |
|
|
if the commissioner [board] has a reasonable basis for believing |
|
|
that the information is necessary to assist the commissioner |
|
|
[board] in protecting children from the person alleged to have |
|
|
committed abuse or neglect. |
|
|
SECTION 104. Section 261.406(b), Family Code, is amended to |
|
|
read as follows: |
|
|
(b) The department shall send a copy of the completed report |
|
|
of the department's investigation to the Texas Education Agency, |
|
|
[the State Board for Educator Certification,] the local school |
|
|
board or the school's governing body, the superintendent of the |
|
|
school district, and the school principal or director, unless the |
|
|
principal or director is alleged to have committed the abuse or |
|
|
neglect, for appropriate action. On request, the department shall |
|
|
provide a copy of the report of investigation to the parent, |
|
|
managing conservator, or legal guardian of a child who is the |
|
|
subject of the investigation and to the person alleged to have |
|
|
committed the abuse or neglect. The report of investigation shall |
|
|
be edited to protect the identity of the persons who made the report |
|
|
of abuse or neglect. Other than the persons authorized by the |
|
|
section to receive a copy of the report, Section 261.201(b) applies |
|
|
to the release of the report relating to the investigation of abuse |
|
|
or neglect under this section and to the identity of the person who |
|
|
made the report of abuse or neglect. |
|
|
SECTION 105. Section 411.081(i), Government Code, as |
|
|
amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. |
|
|
869), Acts of the 83rd Legislature, Regular Session, 2013, is |
|
|
reenacted and amended to read as follows: |
|
|
(i) A criminal justice agency may disclose criminal history |
|
|
record information that is the subject of an order of nondisclosure |
|
|
under Subsection (d) to the following noncriminal justice agencies |
|
|
or entities only: |
|
|
(1) [the State Board for Educator Certification;
|
|
|
[(2)] a school district, charter school, private |
|
|
school, regional education service center, commercial |
|
|
transportation company, or education shared service arrangement; |
|
|
(2) [(3)] the Texas Medical Board; |
|
|
(3) [(4)] the Texas School for the Blind and Visually |
|
|
Impaired; |
|
|
(4) [(5)] the Board of Law Examiners; |
|
|
(5) [(6)] the State Bar of Texas; |
|
|
(6) [(7)] a district court regarding a petition for |
|
|
name change under Subchapter B, Chapter 45, Family Code; |
|
|
(7) [(8)] the Texas School for the Deaf; |
|
|
(8) [(9)] the Department of Family and Protective |
|
|
Services; |
|
|
(9) [(10)] the Texas Juvenile Justice Department; |
|
|
(10) [(11)] the Department of Assistive and |
|
|
Rehabilitative Services; |
|
|
(11) [(12)] the Department of State Health Services, a |
|
|
local mental health service, a local mental retardation authority, |
|
|
or a community center providing services to persons with mental |
|
|
illness or retardation; |
|
|
(12) [(13)] the Texas Private Security Board; |
|
|
(13) [(14)] a municipal or volunteer fire department; |
|
|
(14) [(15)] the Texas Board of Nursing; |
|
|
(15) [(16)] a safe house providing shelter to children |
|
|
in harmful situations; |
|
|
(16) [(17)] a public or nonprofit hospital or hospital |
|
|
district, or a facility as defined by Section 250.001, Health and |
|
|
Safety Code; |
|
|
(17) [(18)] the securities commissioner, the banking |
|
|
commissioner, the savings and mortgage lending commissioner, the |
|
|
consumer credit commissioner, or the credit union commissioner; |
|
|
(18) [(19)] the Texas State Board of Public |
|
|
Accountancy; |
|
|
(19) [(20)] the Texas Department of Licensing and |
|
|
Regulation; |
|
|
(20) [(21)] the Health and Human Services Commission; |
|
|
(21) [(22)] the Department of Aging and Disability |
|
|
Services; |
|
|
(22) [(23)] the Texas Education Agency; |
|
|
(23) [(24)] the Judicial Branch Certification |
|
|
Commission; |
|
|
(24) [(25)] a county clerk's office in relation to a |
|
|
proceeding for the appointment of a guardian under Title 3, Estates |
|
|
[Chapter XIII, Texas Probate] Code; |
|
|
(25) [(26)] the Department of Information Resources |
|
|
but only regarding an employee, applicant for employment, |
|
|
contractor, subcontractor, intern, or volunteer who provides |
|
|
network security services under Chapter 2059 to: |
|
|
(A) the Department of Information Resources; or |
|
|
(B) a contractor or subcontractor of the |
|
|
Department of Information Resources; |
|
|
(26) [(27)] the Texas Department of Insurance; |
|
|
(27) [(28)] the Teacher Retirement System of Texas; |
|
|
and |
|
|
(28) [(30)] the Texas State Board of Pharmacy. |
|
|
SECTION 106. Section 411.0901, Government Code, is amended |
|
|
to read as follows: |
|
|
Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education |
|
|
Agency is entitled to obtain criminal history record information |
|
|
maintained by the department about a person who: |
|
|
(1) has applied to the commissioner of education for a |
|
|
certificate under Subchapter B, Chapter 21, Education Code; |
|
|
(2) is employed or is an applicant for employment by a |
|
|
school district or open-enrollment charter school; |
|
|
(3) [(2)] is employed or is an applicant for |
|
|
employment by a shared services arrangement, if the employee's or |
|
|
applicant's duties are or will be performed on school property or at |
|
|
another location where students are regularly present; or |
|
|
(4) [(3)] is employed or is an applicant for |
|
|
employment by an entity that contracts with a school district, |
|
|
open-enrollment charter school, or shared services arrangement if: |
|
|
(A) the employee or applicant has or will have |
|
|
continuing duties relating to the contracted services; and |
|
|
(B) the employee or applicant has or will have |
|
|
direct contact with students. |
|
|
(b) Criminal history record information obtained by the |
|
|
agency in the original form or any subsequent form: |
|
|
(1) may be used only for a purpose authorized by the |
|
|
Education Code; |
|
|
(2) may not be released to any person except: |
|
|
(A) the person who is the subject of the |
|
|
information; |
|
|
(B) [the State Board for Educator Certification;
|
|
|
[(C)] a local or regional educational entity as |
|
|
provided by Section 411.097; or |
|
|
(C) [(D)] by court order; |
|
|
(3) is not subject to disclosure as provided by |
|
|
Chapter 552; and |
|
|
(4) shall be destroyed by the agency after the |
|
|
information is used for the authorized purposes. |
|
|
(d) The department shall notify the agency of the arrest of |
|
|
any educator, as defined by Section 5.001, Education Code, who has |
|
|
fingerprints on file with the department. Any record of the |
|
|
notification and any information contained in the notification are |
|
|
not subject to disclosure as provided by Chapter 552. |
|
|
SECTION 107. Section 411.097(d), Government Code, is |
|
|
amended to read as follows: |
|
|
(d) Criminal history record information obtained by a |
|
|
school district, charter school, private school, service center, |
|
|
commercial transportation company, or shared services arrangement |
|
|
in the original form or any subsequent form: |
|
|
(1) may not be released to any person except: |
|
|
(A) the individual who is the subject of the |
|
|
information; |
|
|
(B) the Texas Education Agency; |
|
|
(C) [the State Board for Educator Certification;
|
|
|
[(D)] the chief personnel officer of the |
|
|
transportation company, if the information is obtained under |
|
|
Subsection (a)(2); or |
|
|
(D) [(E)] by court order; |
|
|
(2) is not subject to disclosure as provided by |
|
|
Chapter 552; and |
|
|
(3) shall be destroyed by the school district, charter |
|
|
school, private school, service center, commercial transportation |
|
|
company, or shared services arrangement on the earlier of: |
|
|
(A) the first anniversary of the date the |
|
|
information was originally obtained; or |
|
|
(B) the date the information is used for the |
|
|
authorized purpose. |
|
|
SECTION 108. Section 654.011(a), Government Code, is |
|
|
amended to read as follows: |
|
|
(a) The position classification plan and the salary rates |
|
|
and provisions in the General Appropriations Act apply to all |
|
|
hourly, part-time, temporary, and regular, full-time salaried |
|
|
employments in the state departments, agencies, or judicial |
|
|
entities specified in the articles of the General Appropriations |
|
|
Act that appropriate money to: |
|
|
(1) general government agencies; |
|
|
(2) health and human services agencies; |
|
|
(3) the judiciary, except for judges, district |
|
|
attorneys, and assistant district attorneys; |
|
|
(4) public safety and criminal justice agencies; |
|
|
(5) natural resources agencies; |
|
|
(6) business and economic development agencies; |
|
|
(7) regulatory agencies; and |
|
|
(8) agencies of public education, but only the Texas |
|
|
Education Agency, the Texas School for the Blind and Visually |
|
|
Impaired, [the State Board for Educator Certification,] and the |
|
|
Texas School for the Deaf. |
|
|
SECTION 109. Section 821.001(7), Government Code, is |
|
|
amended to read as follows: |
|
|
(7) "Employer" means any agents or agencies in the |
|
|
state responsible for public education, including the governing |
|
|
board of any school district created under the laws of this state, |
|
|
any county school board, the board of trustees, the board of regents |
|
|
of any college or university, or any other legally constituted |
|
|
board or agency of any public school, but excluding the State Board |
|
|
of Education and[,] the Texas Education Agency[, and the State
|
|
|
Board for Educator Certification]. |
|
|
SECTION 110. Section 821.103, Government Code, is amended |
|
|
to read as follows: |
|
|
Sec. 821.103. CANCELLATION OF TEACHER CERTIFICATE. (a) |
|
|
After receiving notice from the board of trustees of an offense |
|
|
under Section 821.101 and after complying with Chapter 2001 and |
|
|
rules adopted by the commissioner of education [State Board for
|
|
|
Educator Certification], the commissioner [State Board for
|
|
|
Educator Certification] may cancel the teacher certificate of a |
|
|
person if the commissioner [State Board for Educator Certification] |
|
|
determines that the person committed the offense. |
|
|
(b) The commissioner of education [executive director of
|
|
|
the State Board for Educator Certification] may enter into an |
|
|
agreed sanction. |
|
|
(c) A criminal prosecution of an offender under Section |
|
|
821.101 is not a prerequisite to action by the Texas Education |
|
|
Agency [State Board for Educator Certification] or the commissioner |
|
|
of education [its executive director]. |
|
|
SECTION 111. Section 2054.352(a), Government Code, is |
|
|
amended to read as follows: |
|
|
(a) The following licensing entities shall participate in |
|
|
the system established under Section 2054.353: |
|
|
(1) Texas Board of Chiropractic Examiners; |
|
|
(2) Judicial Branch Certification Commission; |
|
|
(3) State Board of Dental Examiners; |
|
|
(4) Texas Funeral Service Commission; |
|
|
(5) Texas Board of Professional Land Surveying; |
|
|
(6) Texas Medical Board; |
|
|
(7) Texas Board of Nursing; |
|
|
(8) Texas Optometry Board; |
|
|
(9) Department of Agriculture, for licenses issued |
|
|
under Chapter 1951, Occupations Code; |
|
|
(10) Texas State Board of Pharmacy; |
|
|
(11) Executive Council of Physical Therapy and |
|
|
Occupational Therapy Examiners; |
|
|
(12) Texas State Board of Plumbing Examiners; |
|
|
(13) Texas State Board of Podiatric Medical Examiners; |
|
|
(14) Texas State Board of Examiners of Psychologists; |
|
|
(15) State Board of Veterinary Medical Examiners; |
|
|
(16) Texas Real Estate Commission; |
|
|
(17) Texas Appraiser Licensing and Certification |
|
|
Board; |
|
|
(18) Texas Department of Licensing and Regulation; |
|
|
(19) Texas State Board of Public Accountancy; |
|
|
(20) commissioner of education, for certificates |
|
|
issued under Subchapter B, Chapter 21, Education Code [State Board
|
|
|
for Educator Certification]; |
|
|
(21) Texas Board of Professional Engineers; |
|
|
(22) Department of State Health Services; |
|
|
(23) Texas Board of Architectural Examiners; |
|
|
(24) Texas Racing Commission; |
|
|
(25) Texas Commission on Law Enforcement; and |
|
|
(26) Texas Private Security Board. |
|
|
SECTION 112. Section 48.102(a), Human Resources Code, is |
|
|
amended to read as follows: |
|
|
(a) The department shall send a written report of the |
|
|
department's investigation of alleged abuse, neglect, or |
|
|
exploitation of a disabled adult at a school, as appropriate, to the |
|
|
Texas Education Agency, [the agency responsible for teacher
|
|
|
certification,] the local school board or the school's governing |
|
|
body, and the school principal or director, unless the principal or |
|
|
director is alleged to have committed the abuse, neglect, or |
|
|
exploitation. The entity to which the report is sent shall take |
|
|
appropriate action. |
|
|
SECTION 113. Section 53.021(e), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(e) Subsection (c) does not apply if the person is an |
|
|
applicant for or the holder of a license that authorizes the person |
|
|
to provide: |
|
|
(1) law enforcement or public health, education, or |
|
|
safety services; or |
|
|
(2) financial services in an industry regulated by a |
|
|
person listed in Section 411.081(i)(17) [411.081(i)(19)], |
|
|
Government Code. |
|
|
SECTION 114. Section 504.002(b), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(b) This chapter does not apply to an activity or service of |
|
|
a person who: |
|
|
(1) is employed as a counselor by a federal |
|
|
institution and is providing chemical dependency counseling within |
|
|
the scope of the person's employment; |
|
|
(2) except as provided by Section 504.1515, is a |
|
|
student, intern, or trainee pursuing a supervised course of study |
|
|
in counseling at a regionally accredited institution of higher |
|
|
education or training institution, if the person: |
|
|
(A) is designated as a "counselor intern"; and |
|
|
(B) is engaging in the activity or providing the |
|
|
service as part of the course of study; |
|
|
(3) is not a resident of this state, if the person: |
|
|
(A) engages in the activity or provides the |
|
|
service in this state for not more than 30 days during any year; and |
|
|
(B) is authorized to engage in the activity or |
|
|
provide the service under the law of the state of the person's |
|
|
residence; |
|
|
(4) is a licensed physician, psychologist, |
|
|
professional counselor, or social worker; |
|
|
(5) is a religious leader of a congregation providing |
|
|
pastoral chemical dependency counseling within the scope of the |
|
|
person's duties; |
|
|
(6) is working for or providing counseling with a |
|
|
program exempt under Subchapter C, Chapter 464, Health and Safety |
|
|
Code; |
|
|
(7) is a school counselor certified by the |
|
|
commissioner of education [State Board for Educator
|
|
|
Certification]; or |
|
|
(8) provides chemical dependency counseling through a |
|
|
program or in a facility that receives funding from the Texas |
|
|
Department of Criminal Justice and who is credentialed as: |
|
|
(A) a certified criminal justice addictions |
|
|
professional by the International Certification and Reciprocity |
|
|
Consortium; or |
|
|
(B) having certified criminal justice |
|
|
professional applicant status issued by the Texas Certification |
|
|
Board of Addiction Professionals. |
|
|
SECTION 115. (a) The following provisions of the Education |
|
|
Code are repealed: |
|
|
(1) Section 7.009; |
|
|
(2) Sections 7.021(b) and (c); |
|
|
(3) Sections 7.055(b)(1), (2), (3), (4), (5), (6), |
|
|
(7), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19), |
|
|
(20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30), |
|
|
(31), (32), (34), (35), (36), (37), (38), (39), and (41); |
|
|
(4) Section 7.055(c); |
|
|
(5) Section 11.201(c); |
|
|
(6) Section 11.254; |
|
|
(7) Section 13.052; |
|
|
(8) Section 21.007(a); |
|
|
(9) Sections 21.032, 21.033, 21.034, 21.035, 21.036, |
|
|
21.037, and 21.038; |
|
|
(10) Section 21.041(a); |
|
|
(11) Sections 21.042 and 21.043; |
|
|
(12) Sections 21.254(c) and (d); |
|
|
(13) Section 21.4541; |
|
|
(14) Section 22.0831(a); |
|
|
(15) Section 22.08391(b); |
|
|
(16) Section 25.001(e); |
|
|
(17) Sections 29.095, 29.096, 29.097, 29.098, and |
|
|
29.099; |
|
|
(18) Section 29.917; |
|
|
(19) Section 34.015; |
|
|
(20) Section 39.037(g); |
|
|
(21) Sections 39.204(b), (c), (d), and (e); |
|
|
(22) the heading to Subchapter M, Chapter 39; |
|
|
(23) Sections 39.401, 39.402, 39.403, 39.404, 39.405, |
|
|
39.406, 39.407, 39.408, 39.410, 39.411, 39.412, 39.414, 39.415, and |
|
|
39.416; and |
|
|
(24) Sections 42.152(q), (q-1), (q-2), (q-3), (q-4), |
|
|
and (r). |
|
|
(b) Section 411.090, Government Code, is repealed. |
|
|
SECTION 116. (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 Education Agency. Before that date, the |
|
|
Texas Education Agency, with the agreement of the State Board for |
|
|
Educator Certification, may transfer any records, personnel, or |
|
|
property of the State Board for Educator Certification to the Texas |
|
|
Education Agency 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 Education |
|
|
Agency. |
|
|
(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 commissioner of |
|
|
education and the Texas Education Agency until superseded by a rule |
|
|
or other appropriate action of the Texas Education Agency. |
|
|
(d) After the effective date of this Act, the commissioner |
|
|
of education 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 commissioner of education and the Texas Education Agency, and |
|
|
the commissioner and the agency assume, 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 117. To the extent of any conflict, this Act |
|
|
prevails over another Act of the 84th Legislature, Regular Session, |
|
|
2015, relating to nonsubstantive additions to and corrections in |
|
|
enacted codes. |
|
|
SECTION 118. This Act takes effect September 1, 2015. |