Bill Text: TX HB680 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the rulemaking authority of the State Board for Educator Certification.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-03-17 - Referred directly to s/c on Educator Quality by chair [HB680 Detail]

Download: Texas-2015-HB680-Introduced.html

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84R3244 JSL-D
By: Gutierrez H.B. No. 680

A BILL TO BE ENTITLED
AN ACT
relating to the rulemaking authority of the State Board for
Educator Certification.
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 State Board for 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(b), Education Code, is amended to
read as follows:
(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. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. Section 21.553(c), Education Code, is amended
to read as follows:
(c) The 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 18. 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 19. Section 21.042, Education Code, is repealed.
SECTION 20. This Act applies to a rule proposed by the State
Board for Educator Certification that has not taken effect or been
rejected by the State Board of Education before the effective date
of this Act, regardless of the date on which the State Board for
Educator Certification proposed the rule.
SECTION 21. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.