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