Bill Text: TX HB4041 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to abolishing the State Board for Educator Certification and establishing the Texas State Board for Professional Educators; authorizing the adoption of a fee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-03-23 - Referred to Public Education [HB4041 Detail]
Download: Texas-2015-HB4041-Introduced.html
84R11790 JSL-D | ||
By: Farias | H.B. No. 4041 |
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relating to abolishing the State Board for Educator Certification | ||
and establishing the Texas State Board for Professional Educators; | ||
authorizing the adoption of a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.006(g), Education Code, is amended to | ||
read as follows: | ||
(g) The Texas State Board for Professional Educators | ||
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to implement this section. | ||
SECTION 2. Sections 21.007(d) and (f), Education Code, are | ||
amended to read as follows: | ||
(d) The board must provide an opportunity for an educator to | ||
show cause why the notice should not be placed on the educator's | ||
public certification records. The board shall adopt [ |
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rules establishing the length of time that a notice may remain on | ||
the educator's public certification records before the board must: | ||
(1) initiate a proceeding to impose a sanction on the | ||
educator on the basis of the alleged misconduct; or | ||
(2) remove the notice from the educator's public | ||
certification records. | ||
(f) The board shall adopt [ |
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administer this section. | ||
SECTION 3. Section 21.031, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.031. PURPOSE. (a) The Texas State Board for | ||
Professional Educators [ |
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recognize public school educators as professionals and to grant | ||
educators the authority to govern the standards of their | ||
profession. The board shall regulate and oversee all aspects of the | ||
certification, continuing education, and standards of conduct of | ||
public school educators. | ||
(b) In adopting [ |
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the board shall ensure that all candidates for certification or | ||
renewal of certification demonstrate the knowledge and skills | ||
necessary to improve the performance of the diverse student | ||
population of this state. | ||
SECTION 4. Section 21.032, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.032. DEFINITION. In this subchapter, "board" means | ||
the Texas State Board for Professional Educators [ |
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SECTION 5. Subchapter B, Chapter 21, Education Code, is | ||
amended by adding Section 21.0321 to read as follows: | ||
Sec. 21.0321. POWERS AND DUTIES; REFERENCES IN LAW TO | ||
BOARD. (a) The powers and duties of the State Board for Educator | ||
Certification under this chapter and other law shall be exercised | ||
and performed by the Texas State Board for Professional Educators. | ||
(b) In this chapter or other law, a reference to the State | ||
Board for Educator Certification means the Texas State Board for | ||
Professional Educators. | ||
SECTION 6. The heading to Section 21.033, Education Code, | ||
is amended to read as follows: | ||
Sec. 21.033. TEXAS STATE BOARD FOR PROFESSIONAL EDUCATORS | ||
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SECTION 7. Section 21.033(a), Education Code, is amended to | ||
read as follows: | ||
(a) The Texas State Board for Professional Educators | ||
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two members of the public as members with the advice and consent of | ||
the senate [ |
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by a plurality vote of each respective profession or group [ |
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(1) three [ |
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public schools, elected by teachers certified under this | ||
subchapter; | ||
(2) two members must be public school principals, | ||
elected by principals certified under this subchapter | ||
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(3) one member must be a public school superintendent, | ||
elected by superintendents certified under this subchapter; | ||
(4) one member must be a public school counselor, | ||
elected by public school counselors certified under this | ||
subchapter; and | ||
(5) two [ |
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from educator preparation programs, one of whom is elected by | ||
representatives of alternative educator preparation programs, and | ||
one of whom is elected by representatives of traditional educator | ||
preparation programs [ |
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SECTION 8. Section 21.034, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.034. TERMS; VACANCY. (a) The board members | ||
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expiring on February 1 of each odd-numbered year. [ |
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(b) In the event of a vacancy during a term of a board member | ||
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member, as applicable, shall select [ |
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meets the qualifications of the vacated office to fill the | ||
unexpired portion of the term. | ||
(c) A vacancy arises if a member [ |
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no longer qualifies for the office to which the member was | ||
appointed. | ||
SECTION 9. Subchapter B, Chapter 21, Education Code, is | ||
amended by adding Section 21.0341 to read as follows: | ||
Sec. 21.0341. EXECUTIVE DIRECTOR; PERSONNEL. The board | ||
shall employ an executive director. The executive director shall: | ||
(1) perform duties as assigned by the board or | ||
specified by law; | ||
(2) administer and enforce all laws and rules | ||
implemented by the board; and | ||
(3) hire and dismiss employees of the board. | ||
SECTION 10. Sections 21.041(b), (c), and (d), Education | ||
Code, are amended to read as follows: | ||
(b) The board shall adopt [ |
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(1) provide for the regulation of educators and the | ||
general administration of this subchapter in a manner consistent | ||
with this subchapter; | ||
(2) specify the classes of educator certificates to be | ||
issued, including emergency certificates; | ||
(3) specify the period for which each class of | ||
educator certificate is valid; | ||
(4) specify the requirements for the issuance and | ||
renewal of an educator certificate; | ||
(5) provide for the issuance of an educator | ||
certificate to a person who holds a similar certificate issued by | ||
another state or foreign country, subject to Section 21.052; | ||
(6) provide for special or restricted certification of | ||
educators, including certification of instructors of American Sign | ||
Language; | ||
(7) provide for disciplinary proceedings, including | ||
the suspension or revocation of an educator certificate, as | ||
provided by Chapter 2001, Government Code; | ||
(8) provide for the adoption, amendment, and | ||
enforcement of an educator's code of ethics; | ||
(9) provide for continuing education requirements; | ||
and | ||
(10) provide for certification of persons performing | ||
appraisals under Subchapter H. | ||
(c) The board shall adopt [ |
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certificate that, when combined with any fees imposed under | ||
Subsection (d), is adequate to cover the cost of administration of | ||
this subchapter. | ||
(d) The board may adopt [ |
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educator preparation program, or for the addition of a certificate | ||
or field of certification to the scope of a program's approval. A | ||
fee imposed under this subsection may not exceed the amount | ||
necessary, as determined by the board, to provide for the | ||
administrative cost of approving, renewing the approval of, and | ||
appropriately ensuring the accountability of educator preparation | ||
programs under this subchapter. | ||
SECTION 11. Sections 21.044(a), (d), and (f), Education | ||
Code, are amended to read as follows: | ||
(a) The board shall adopt [ |
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training requirements a person must accomplish to obtain a | ||
certificate, enter an internship, or enter an induction-year | ||
program. The board shall specify the minimum academic | ||
qualifications required for a certificate. | ||
(d) In adopting [ |
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board shall specify that to obtain a certificate to teach an | ||
"applied STEM course," as that term is defined by Section 28.027, at | ||
a secondary school, a person must: | ||
(1) pass the certification test administered by the | ||
recognized national or international business and industry group | ||
that created the curriculum the applied STEM course is based on; and | ||
(2) have at a minimum: | ||
(A) an associate degree from an accredited | ||
institution of higher education; and | ||
(B) three years of work experience in an | ||
occupation for which the applied STEM course is intended to prepare | ||
the student. | ||
(f) The board may not adopt [ |
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certificate to teach a health science technology education course | ||
that specify that a person must have a bachelor's degree or that | ||
establish any other credential or teaching experience requirements | ||
that exceed the requirements under Subsection (e). | ||
SECTION 12. Section 21.044(e), Education Code, as added by | ||
Chapter 1091 (H.B. 3573), Acts of the 83rd Legislature, Regular | ||
Session, 2013, is amended to read as follows: | ||
(e) In adopting [ |
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person to obtain a certificate to teach a health science technology | ||
education course, the board shall specify that a person must have: | ||
(1) an associate degree or more advanced degree from | ||
an accredited institution of higher education; | ||
(2) current licensure, certification, or registration | ||
as a health professions practitioner issued by a nationally | ||
recognized accrediting agency for health professionals; and | ||
(3) at least two years of wage earning experience | ||
utilizing the licensure requirement. | ||
SECTION 13. Section 21.0441(a), Education Code, is amended | ||
to read as follows: | ||
(a) Rules of the board adopted [ |
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subchapter must provide that a person, other than a person seeking | ||
career and technology education certification, is not eligible for | ||
admission to an educator preparation program, including an | ||
alternative educator preparation program, unless the person: | ||
(1) except as provided by Subsection (b), satisfies | ||
minimum grade point average requirements prescribed by the board, | ||
not to exceed the following: | ||
(A) an overall grade point average of at least | ||
2.75 on a four-point scale or the equivalent on any course work | ||
previously attempted at a public or private institution of higher | ||
education; or | ||
(B) a grade point average of at least 2.75 on a | ||
four-point scale or the equivalent for the last 60 semester credit | ||
hours attempted at a public or private institution of higher | ||
education; and | ||
(2) if the person is seeking initial certification: | ||
(A) has successfully completed at least: | ||
(i) 15 semester credit hours in the | ||
subject-specific content area in which the person is seeking | ||
certification, if the person is seeking certification to teach | ||
mathematics or science at or above grade level seven; or | ||
(ii) 12 semester credit hours in the | ||
subject-specific content area in which the person is seeking | ||
certification, if the person is not seeking certification to teach | ||
mathematics or science at or above grade level seven; or | ||
(B) has achieved a satisfactory level of | ||
performance on a content certification examination, which may be a | ||
content certification examination administered by a vendor | ||
approved by the commissioner for purposes of administering such an | ||
examination for the year for which the person is applying for | ||
admission to the program. | ||
SECTION 14. Sections 21.045(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) The board shall adopt [ |
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standards to govern the approval and continuing accountability of | ||
all educator preparation programs based on the following | ||
information that is disaggregated with respect to sex and | ||
ethnicity: | ||
(1) results of the certification examinations | ||
prescribed under Section 21.048(a); | ||
(2) performance based on the appraisal system for | ||
beginning teachers adopted by the board; | ||
(3) achievement, including improvement in | ||
achievement, of students taught by beginning teachers for the first | ||
three years following certification, to the extent practicable; and | ||
(4) compliance with board requirements regarding the | ||
frequency, duration, and quality of structural guidance and ongoing | ||
support provided by field supervisors to beginning teachers during | ||
their first year in the classroom. | ||
(c) The board shall adopt [ |
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performance standards for the Accountability System for Educator | ||
Preparation for accrediting educator preparation programs. At a | ||
minimum, performance standards must be based on Subsection (a). | ||
The board may adopt [ |
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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 [ |
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of educator preparation programs that do not meet accountability | ||
standards and shall annually review the accreditation status of | ||
each educator preparation program. The rules: | ||
(1) shall provide for the assignment of the following | ||
accreditation statuses: | ||
(A) not rated; | ||
(B) accredited; | ||
(C) accredited-warned; | ||
(D) accredited-probation; and | ||
(E) not accredited-revoked; | ||
(2) may provide for the agency to take any necessary | ||
action, including one or more of the following actions: | ||
(A) requiring the program to obtain technical | ||
assistance approved by the agency or board; | ||
(B) requiring the program to obtain professional | ||
services under contract with another person; | ||
(C) appointing a monitor to participate in and | ||
report to the board on the activities of the program; and | ||
(D) if a program has been rated as | ||
accredited-probation under the Accountability System for Educator | ||
Preparation for a period of at least one year, revoking the approval | ||
of the program and ordering the program to be closed, provided that | ||
the board or agency must provide the opportunity for a hearing | ||
before the effective date of the closure; and | ||
(3) shall provide for the agency to revoke the | ||
approval of the program and order the program to be closed if the | ||
program has been rated as accredited-probation under the | ||
Accountability System for Educator Preparation for three | ||
consecutive years, provided that the board or agency must provide | ||
the opportunity for a hearing before the effective date of the | ||
closure. | ||
SECTION 16. Section 21.0453(b), Education Code, is amended | ||
to read as follows: | ||
(b) The board may adopt [ |
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administration of this section, including rules to ensure that | ||
accurate and consistent information is provided by all educator | ||
preparation programs. | ||
SECTION 17. Section 21.048(a), Education Code, as amended | ||
by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is reenacted and amended to | ||
read as follows: | ||
(a) The board shall adopt [ |
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comprehensive examinations for each class of certificate issued by | ||
the board. The commissioner [ |
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satisfactory level of performance required for each certification | ||
examination. For the issuance of a generalist certificate, the | ||
commissioner [ |
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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 [ |
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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 | ||
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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 [ |
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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 [ |
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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 [ |
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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 [ |
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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 | ||
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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 [ |
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section, including rules establishing: | ||
(1) deadlines for a person to submit fingerprints and | ||
photographs in compliance with this section; and | ||
(2) sanctions for a person's failure to comply with the | ||
requirements of this section, including suspension or revocation of | ||
a certificate or refusal to issue a certificate. | ||
SECTION 25. The following sections of the Education Code | ||
are repealed: | ||
(1) Section 21.035; and | ||
(2) Section 21.042. | ||
SECTION 26. (a) The State Board for Educator Certification | ||
is abolished September 1, 2015. On that date, all powers, duties, | ||
obligations, rights, contracts, leases, records, personnel, | ||
property, and unspent and unobligated appropriations and other | ||
funds of the State Board for Educator Certification are transferred | ||
to the Texas State Board for Professional Educators established by | ||
this Act. Before that date, the State Board for Educator | ||
Certification may transfer any records, personnel, or property of | ||
the State Board for Educator Certification to the Texas State Board | ||
for Professional Educators in preparation for the transfer provided | ||
for in this Act. | ||
(b) The abolishment of the State Board for Educator | ||
Certification does not affect the validity of a right, privilege, | ||
or obligation accrued, a contract or acquisition made, any | ||
liability incurred, a certificate issued, a penalty, forfeiture, or | ||
punishment assessed, a rule adopted, a proceeding, investigation, | ||
or remedy begun, a decision made, or other action taken by or in | ||
connection with the State Board for Educator Certification. A | ||
certificate issued by the State Board for Educator Certification | ||
under Subchapter B, Chapter 21, Education Code, before September 1, | ||
2015, is considered a certificate issued by the Texas State Board | ||
for Professional Educators. | ||
(c) All rules, policies, procedures, and decisions of the | ||
State Board for Educator Certification are continued in effect as | ||
rules, policies, procedures, and decisions of the Texas State Board | ||
for Professional Educators until superseded by a rule or other | ||
appropriate action of that board. | ||
(d) After the effective date of this Act, the Texas State | ||
Board for Professional Educators may adopt a rule proposed by the | ||
State Board for Educator Certification before the effective date of | ||
this Act. | ||
(e) Any action or proceeding before the State Board for | ||
Educator Certification is transferred without change in status to | ||
the Texas State Board for Professional Educators, and that board | ||
assumes, without a change in status, the position of the State Board | ||
for Educator Certification in any action or proceeding to which the | ||
State Board for Educator Certification is a party. | ||
SECTION 27. This Act takes effect September 1, 2015. |