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