Bill Text: TX SB214 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the continuation and functions of the Texas Education Agency and to the abolition of the State Board for Educator Certification and the transfer of its functions to the Texas Education Agency; providing for the ad valorem tax rate to be imposed after annexation of an insolvent or inoperative school district.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2015-03-04 - Referred to Education [SB214 Detail]

Download: Texas-2015-SB214-Introduced.html

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84R5673 MEW-F
By: Campbell, et al. S.B. No. 214

A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Education
Agency and to the abolition of the State Board for Educator
Certification and the transfer of its functions to the Texas
Education Agency; providing for the ad valorem tax rate to be
imposed after annexation of an insolvent or inoperative school
district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.004, Education Code, is amended to
read as follows:
Sec. 7.004. SUNSET PROVISION. The Texas Education Agency
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
agency is abolished September 1, 2027 [2015].
SECTION 2. Section 7.021(a), Education Code, is amended to
read as follows:
(a) The agency shall:
(1) distribute state and federal funding to public
schools and ensure the proper use of those funds;
(2) monitor public schools for compliance with state
and federal guidelines, subject to the limitations in Section
7.028;
(3) administer the statewide standardized testing
program and accountability systems;
(4) provide assistance to and impose interventions and
sanctions on public schools that consistently fail to meet state or
federal accountability standards;
(5) provide support to the board in developing
statewide curriculum standards, adopting instructional materials,
managing the instructional materials allotment and distribution
process, and carrying out duties related to the permanent school
fund;
(6) collect, analyze, and make accessible a wide array
of educational and financial data from public schools;
(7) ensure the quality of public school educators by
certifying educators, regulating educator preparation programs,
and taking enforcement action in cases of educator misconduct; and
(8) carry out any other duties imposed on the agency by
the legislature consistent with the agency's appropriations and
mission [perform the educational functions provided by Subsection
(b)].
SECTION 3. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.0235 to read as follows:
Sec. 7.0235. RESTRICTIONS ON AGENCY EMPLOYMENT. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be an agency employee employed in a
"bona fide executive, administrative, or professional capacity,"
as that phrase is used for purposes of establishing an exemption to
the overtime provisions of the federal Fair Labor Standards Act of
1938 (29 U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of elementary
or secondary education; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of elementary
or secondary education.
(c) A person may not act as the general counsel to the
commissioner or the agency if the person is required to register as
a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the agency.
SECTION 4. Subchapter B, Chapter 7, Education Code, is
amended by adding Sections 7.034, 7.035, and 7.036 to read as
follows:
Sec. 7.034. PUBLIC INVOLVEMENT POLICY. The agency shall
develop and implement a policy regarding public involvement with
the agency. The policy must:
(1) describe how the agency will proactively engage
stakeholders;
(2) distinguish the purposes and appropriate uses of
advisory committees and informal work groups, including by
specifying that an informal work group:
(A) is not subject to Chapter 2110, Government
Code; and
(B) must have a well-defined purpose and follow
specific timelines for completing tasks;
(3) identify actions the agency will take that exceed
the minimum open meetings requirements under Chapter 551,
Government Code;
(4) include a strategy for providing updated
information regarding advisory committees and issues of concern to
stakeholders through the agency's Internet website; and
(5) describe how public input will affect agency
decisions, including by providing information regarding the
specific outcomes for all types of public input.
Sec. 7.035. COMPLAINTS. (a) The agency shall maintain a
system to promptly and efficiently act on complaints filed with the
agency. The agency shall maintain information about parties to the
complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and its
disposition.
(b) The agency shall make information available describing
its procedures for complaint investigation and resolution.
(c) The agency shall periodically notify the complaint
parties of the status of the complaint until final disposition.
Sec. 7.036. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The agency shall develop a policy to encourage the
use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of agency rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the agency's
jurisdiction.
(b) The agency's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The agency shall:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) provide training as needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures.
SECTION 5. Section 7.055(a), Education Code, is amended to
read as follows:
(a) The commissioner shall:
(1) serve as the educational leader of the state;
(2) serve as executive officer of the agency, with
authority to:
(A) employ division heads and any other employees
and clerks necessary to perform the duties of the agency;
(B) delegate ministerial and executive functions
to agency staff;
(C) appoint advisory committees, in accordance
with Chapter 2110, Government Code, as necessary to advise the
commissioner in carrying out the duties and mission of the agency;
and
(D) appoint an internal auditor for the agency;
and
(3) carry out the duties imposed on the commissioner
by the legislature [has the powers and duties provided by
Subsection (b)].
SECTION 6. Section 7.055(b)(9), Education Code, is
transferred to Subchapter A, Chapter 7, Education Code,
redesignated as Section 7.011, Education Code, and amended to read
as follows:
Sec. 7.011. TEXAS SCHOOL LAW BULLETIN. [(9)] The
commissioner shall have a bulletin [manual] published at least once
every two years that contains Title 1 and this title, any other
provisions of this code relating specifically to public primary or
secondary education, and an appendix of all other state laws
relating to public primary or secondary education. The
commissioner [and] shall provide for the distribution of the
bulletin [manual] as determined by the board.
SECTION 7. Section 7.055(b)(40), Education Code, is
transferred to Subchapter A, Chapter 21, Education Code,
redesignated as Section 21.011, Education Code, and amended to read
as follows:
Sec. 21.011. SUSPENSION RELATING TO COLLECTIVE BARGAINING
OR STRIKES. [(40)] The commissioner shall suspend the certificate
of an educator or permit of a teacher who violates Chapter 617,
Government Code.
SECTION 8. Subchapter C, Chapter 7, Education Code, is
amended by adding Section 7.066 to read as follows:
Sec. 7.066. ADVISORY COMMITTEE RULES. (a) The
commissioner shall adopt rules, in compliance with Chapter 2110,
Government Code, regarding an advisory committee that primarily
functions to advise the commissioner or the agency, including rules
governing an advisory committee's purpose, tasks, reporting
requirements, and abolishment date.
(b) The commissioner may adopt rules under this section
regarding an advisory committee's:
(1) size and quorum requirements;
(2) qualifications for membership, including
experience requirements and geographic representation;
(3) appointment procedures;
(4) terms of service; and
(5) compliance with the requirements for open meetings
under Chapter 551, Government Code.
SECTION 9. Section 12.1014(f), Education Code, is amended
to read as follows:
(f) The commissioner [and the State Board for Educator
Certification] shall adopt rules as necessary to administer this
section.
SECTION 10. Section 12.107(b), Education Code, is amended
to read as follows:
(b) A charter holder shall deliver to the agency a copy of a
direct deposit form that identifies [the depository contract
between the charter holder and] any bank into which state funds are
deposited.
SECTION 11. Section 12.118, Education Code, is amended to
read as follows:
Sec. 12.118. EVALUATION OF OPEN-ENROLLMENT CHARTER
SCHOOLS. (a) The commissioner shall designate an impartial
organization with experience in evaluating school choice programs
to conduct an [annual] evaluation of open-enrollment charter
schools once every four years.
(b) An evaluation under this section must include an
evaluation of cost, performance, or [consideration of the following
items before implementing the charter and after implementing the
charter:
[(1) students' scores on assessment instruments
administered under Subchapter B, Chapter 39;
[(2) student attendance;
[(3) students' grades;
[(4) incidents involving student discipline;
[(5) socioeconomic data on students' families;
[(6) parents' satisfaction with their children's
schools; and
[(7) students' satisfaction with their schools.
[(c) The evaluation of open-enrollment charter schools must
also include an evaluation of:
[(1) the costs of instruction, administration, and
transportation incurred by open-enrollment charter schools;
[(2) the effect of open-enrollment charter schools on
school districts and on teachers, students, and parents in those
districts; and
[(3)] other issues, as determined by the commissioner.
(c) Not later than December 1 of each year in which an
evaluation is conducted under Subsection (a), the agency shall
submit a report to the legislature regarding the findings of an
evaluation conducted under this section. The report must include
appropriate recommendations, as determined by the agency, to
improve the performance and regulation of open-enrollment charter
schools.
(c-1) The agency shall submit the first report required
under Subsection (c) not later than December 1, 2018. This
subsection expires January 1, 2019.
SECTION 12. Section 13.005(a), Education Code, is amended
to read as follows:
(a) Except as provided by this section, Section 13.054, or
[by] a local consolidation agreement under Section 13.158, the
annexation of all or part of the territory of one district to
another is effective on the first July 1 that is more than 30 days
after the date of the order or ordinance accomplishing the
annexation or of the declaration of the results of an election at
which the transfer is approved.
SECTION 13. Subchapter B, Chapter 13, Education Code, is
amended by adding Section 13.0521 to read as follows:
Sec. 13.0521. INSOLVENT OR INOPERATIVE DISTRICT. (a) The
board of trustees of a school district may notify the commissioner
that the district is unable to complete the current or subsequent
school year for financial or other reasons. On notification, the
commissioner shall investigate the finances and other
circumstances of the district. If the commissioner determines that
the district is unable to complete the current or subsequent school
year, the commissioner shall report the district to the
commissioners court of each county that contains district territory
for annexation as provided by this section.
(b) If a district has failed to operate school for 10 or more
days of its regular school year, the commissioner shall notify the
district that it is subject to annexation under this section. The
commissioner shall require the district to submit a plan not later
than the 10th day after the date the commissioner provides
notification describing how the district will complete the current
school year and subsequent school year. If the district fails to
submit a plan, or if the commissioner, after evaluating the
district's plan, determines that the district cannot reasonably be
expected to complete the current or subsequent school year, the
commissioner shall report the district to the commissioners court
of each county that contains district territory for annexation as
provided by this section.
(c) Each commissioners court by order shall annex district
territory within the county to one or more other districts in the
county or to a contiguous district in an adjacent county, provided
that the commissioners court of the adjacent county consents to the
annexation. An annexation under this section must occur in an open
meeting with opportunity for public comment.
(d) If a commissioners court fails to order annexation of
district territory on or before the 60th day after the date the
commissioner reports the district to the commissioners court, the
commissioner shall order annexation of the territory to one or more
other districts. The commissioner may annex the territory to a
district in the same county or to a contiguous district in an
adjacent county.
(e) The commissioners court or the commissioner, as
applicable, shall specify the effective date for the annexation,
which may not be later than the first anniversary of the date of the
annexation order. The order shall identify the district or
districts required to serve students residing in the district to be
annexed through any school year that begins before the effective
date of the annexation. A district required to serve students under
this subsection shall provide services equivalent to those provided
to the district's other students and shall be entitled to funding
for the attendance and transportation of students served as
required by the order.
(f) The annexation order shall define by legal boundary
description the resulting territory of each district to which
territory is annexed and shall be recorded in the minutes of the
commissioners court.
(g) The governing board of a district to which territory is
annexed is the governing board for the resulting district.
(h) Title to real property of the annexed district vests in
the district to which the property is annexed. Each district to
which territory is annexed assumes and is liable for any portion of
the annexed district's indebtedness that is allocated to the
receiving district under Section 13.004.
(i) A district to which territory is annexed under this
section is entitled to incentive aid under Section 13.281, as
determined by the commissioner, as if the district were created
through consolidation.
(j) The annexation order shall provide for taxation of the
territory annexed during the year in which the annexation takes
place. Unless a different rate is required by Section 3-b, Article
VII, Texas Constitution, the order shall provide for a levy of a tax
at a rate equal to the maintenance and operations tax rate of the
district to which the territory is annexed, plus any required
interest and sinking fund tax.
(k) Except as otherwise provided by this subsection, this
section does not affect the authority of the board of trustees of a
district subject to annexation under this section to pursue
consolidation under Subchapter D of this chapter or Subchapter B,
Chapter 41. Actions authorized under this section may be taken
pending the outcome of an election to consolidate districts under
Subchapter D of this chapter or a decision to consolidate under
Subchapter B, Chapter 41. An election to consolidate or a decision
to consolidate under Subchapter B, Chapter 41, that occurs not
later than the 60th day following the date an annexation order is
entered under this section prevails over the annexation order if
the proposition for consolidation is adopted in both districts,
provided that a district required to serve students under
Subsection (e) shall allow any student to attend school through the
completion of the school year in which the effective date of a
consolidation occurs. An election to consolidate or a decision to
consolidate under Subchapter B, Chapter 41, that occurs later than
the 60th day following the date an annexation order is entered under
this section is void.
(l) Notwithstanding Section 13.009, a determination by the
commissioner or a commissioners court under this section is final
and may not be appealed.
(m) The commissioner may adopt rules to implement this
section.
SECTION 14. Section 13.054, Education Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsection (h) to
read as follows:
(a) The commissioner by order may annex to one or more
[adjoining] districts a school district that has received an
accreditation status of accredited-warned or accredited-probation,
has failed to satisfy any standard under Section 39.054(e), or has
failed to satisfy financial accountability standards as determined
by commissioner rule [been rated as academically unacceptable] for
a period of two consecutive years.
(b) The governing board of a district to which territory [of
an academically unacceptable district] is annexed is the governing
board for the new district.
(d) Title to the real property of the [academically
unacceptable] district to be annexed vests in the district to which
the property is annexed. Each district to which territory is
annexed assumes and is liable for any portion of the [academically
unacceptable district's] indebtedness of the district to be annexed
that is allocated to the receiving district under Section 13.004.
(h) Notwithstanding Section 13.005, the commissioner may
provide for an alternate effective date for an annexation under
this section if the alternate date is in the best interest of
students.
SECTION 15. Sections 21.0031(a), (b-1), and (f), Education
Code, are amended to read as follows:
(a) An employee's probationary, continuing, or term
contract under this chapter is void if the employee:
(1) does not hold a valid certificate or permit issued
by the commissioner [State Board for Educator Certification];
(2) fails to fulfill the requirements necessary to
renew or extend the employee's temporary, probationary, or
emergency certificate or any other certificate or permit issued
under Subchapter B; or
(3) fails to comply with any requirement under
Subchapter C, Chapter 22, if the failure results in suspension or
revocation of the employee's certificate under Section
22.0831(f)(2).
(b-1) A school district may not terminate or suspend under
Subsection (b) an employee whose contract is void under Subsection
(a)(1) or (2) because the employee failed to renew or extend the
employee's certificate or permit if the employee:
(1) requests an extension from the commissioner [State
Board for Educator Certification] to renew, extend, or otherwise
validate the employee's certificate or permit; and
(2) not later than the 10th day after the date the
contract is void, takes necessary measures to renew, extend, or
otherwise validate the employee's certificate or permit, as
determined by the commissioner [State Board for Educator
Certification].
(f) For purposes of this section, a certificate or permit is
not considered to have expired if:
(1) the employee has completed the requirements for
renewal of the certificate or permit;
(2) the employee submitted the request for renewal
prior to the expiration date; and
(3) the date the certificate or permit would have
expired is before the date the commissioner [State Board for
Educator Certification] takes action to approve the renewal of the
certificate or permit.
SECTION 16. Sections 21.004(a), (b), (c), (d), and (e),
Education Code, are amended to read as follows:
(a) To the extent that funds are available, the agency[, the
State Board for Educator Certification,] and the Texas Higher
Education Coordinating Board shall develop and implement programs
to identify talented students and recruit those students and
persons, including high school and undergraduate students,
mid-career and retired professionals, honorably discharged and
retired military personnel, and members of underrepresented gender
and ethnic groups, into the teaching profession.
(b) From available funds, the agency[, the State Board for
Educator Certification,] and the Texas Higher Education
Coordinating Board shall develop and distribute materials that
emphasize the importance of the teaching profession and inform
individuals about state-funded loan forgiveness and tuition
assistance programs.
(c) The commissioner, in cooperation with the commissioner
of higher education [and the executive director of the State Board
for Educator Certification], shall annually identify the need for
teachers in specific subject areas and geographic regions and among
underrepresented groups. The commissioner shall give priority to
developing and implementing recruitment programs to address those
needs from the agency's discretionary funds.
(d) The agency[, the State Board for Educator
Certification,] and the Texas Higher Education Coordinating Board
shall encourage the business community to cooperate with local
schools to develop recruiting programs designed to attract and
retain capable teachers, including programs to provide summer
employment opportunities for teachers.
(e) The agency[, the State Board for Educator
Certification,] and the Texas Higher Education Coordinating Board
shall encourage major education associations to cooperate in
developing a long-range program promoting teaching as a career and
to assist in identifying local activities and resources that may be
used to promote the teaching profession.
SECTION 17. Sections 21.006(b), (b-1), (c), (d), (e), (f),
and (g), Education Code, are amended to read as follows:
(b) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, open-enrollment charter school, regional education
service center, or shared services arrangement shall notify the
commissioner [State Board for Educator Certification] if [the
superintendent or director has reasonable cause to believe that]:
(1) an educator [employed by or] seeking employment by
the district, school, service center, or shared services
arrangement has a criminal record or the criminal record of an
educator employed by the district, school, service center, or
shared services arrangement changes, as determined by commissioner
rule;
(2) an educator's employment at the district, school,
service center, or shared services arrangement was terminated based
on a determination that the educator:
(A) abused or otherwise committed an unlawful act
with a student or minor;
(A-1) was involved in a romantic relationship
with or solicited or engaged in sexual contact with a student or
minor;
(B) possessed, transferred, sold, or distributed
a controlled substance, as defined by Chapter 481, Health and
Safety Code, or by 21 U.S.C. Section 801 et seq.[, and its
subsequent amendments];
(C) illegally transferred, appropriated, or
expended funds or other property of the district, school, service
center, or shared services arrangement;
(D) attempted by fraudulent or unauthorized
means to obtain or alter a professional certificate or license for
the purpose of promotion or additional compensation; or
(E) committed a criminal offense or any part of a
criminal offense on school property or at a school-sponsored event;
(3) the educator resigned and reasonable evidence
supports a recommendation by the superintendent or director to
terminate the educator based on a determination that the educator
engaged in misconduct described by Subdivision (2); or
(4) the educator engaged in conduct that violated the
assessment instrument security procedures established under
Section 39.0301.
(b-1) A superintendent or director of a school district or
open-enrollment charter school shall complete an investigation of
an educator that is based on a reasonable suspicion [cause] to
believe the educator may have engaged in misconduct described by
Subsection (b)(2)(A) or (A-1), despite the educator's resignation
from district or school employment before completion of the
investigation. The agency shall establish procedures for an
investigation under this subsection.
(c) The superintendent or director must notify the
commissioner [State Board for Educator Certification] by filing a
report with the commissioner [board] not later than the seventh day
after the date the superintendent or director first learns about a
change in an employee's criminal record under Subsection (b)(1) or
a termination of employment or resignation following an alleged
incident of misconduct described by Subsection (b). The report
must be:
(1) in writing; and
(2) in a form prescribed by the commissioner [board].
(d) The superintendent or director shall notify the board of
trustees or governing body of the school district, open-enrollment
charter school, regional education service center, or shared
services arrangement and the educator of the filing of the report
required by Subsection (c).
(e) A superintendent or director who in good faith and while
acting in an official capacity files a report with the commissioner
[State Board for Educator Certification] under this section is
immune from civil or criminal liability that might otherwise be
incurred or imposed.
(f) The commissioner [State Board for Educator
Certification] shall determine whether to impose sanctions against
a superintendent or director who fails to file a report in violation
of Subsection (c).
(g) The commissioner [State Board for Educator
Certification] shall adopt [propose] rules as necessary to
implement this section.
SECTION 18. Sections 21.007(b), (c), (d), (e), and (f),
Education Code, are amended to read as follows:
(b) The commissioner [board] shall adopt a procedure for
placing a notice of alleged misconduct on an educator's public
certification records. The procedure adopted by the commissioner
[board] must provide for immediate placement of a notice of alleged
misconduct on an educator's public certification records if the
alleged misconduct presents a risk to the health, safety, or
welfare of a student or minor as determined by the commissioner
[board].
(c) The commissioner [board] must notify an educator in
writing when placing a notice of an alleged incident of misconduct
on the public certification records of the educator.
(d) The commissioner [board] must provide an opportunity
for an educator to show cause why the notice should not be placed on
the educator's public certification records. The commissioner
[board] shall adopt [propose] rules establishing the length of time
that a notice may remain on the educator's public certification
records before the commissioner [board] must:
(1) initiate a proceeding to impose a sanction on the
educator on the basis of the alleged misconduct; or
(2) remove the notice from the educator's public
certification records.
(e) If it is determined that the educator has not engaged in
the alleged incident of misconduct, the commissioner [board] shall
immediately remove the notice from the educator's public
certification records.
(f) The commissioner [board] shall adopt [propose] rules
necessary to administer this section.
SECTION 19. Section 21.031, Education Code, is amended to
read as follows:
Sec. 21.031. COMMISSIONER ROLE IN CERTIFICATION OF
EDUCATORS [PURPOSE]. (a) [The State Board for Educator
Certification is established to recognize public school educators
as professionals and to grant educators the authority to govern the
standards of their profession.] The commissioner [board] shall
regulate and oversee all aspects of the certification, continuing
education, and standards of conduct of public school educators.
(b) In adopting [proposing] rules under this subchapter,
the commissioner [board] shall ensure that all candidates for
certification or renewal of certification demonstrate the
knowledge and skills necessary to improve the performance of the
diverse student population of this state.
SECTION 20. Section 21.040, Education Code, is amended to
read as follows:
Sec. 21.040. ADVISORY COMMITTEE [GENERAL POWERS AND DUTIES
OF BOARD]. (a) The commissioner [board] shall[:
[(1) supervise the executive director's performance;
[(2) approve an operating budget for the board and
make a request for appropriations;
[(3) appoint the members of any advisory committee to
the board;
[(4) for each class of educator certificate,] appoint
an advisory committee [composed of members of that class] to
recommend standards for educator certification and educator
preparation programs [that class] to the commissioner [board;
[(5) provide to its members and employees, as often as
necessary, information regarding their qualifications for office
or employment under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state officers
or employees;
[(6) develop and implement policies that clearly
define the respective responsibilities of the board and the board's
staff; and
[(7) execute interagency contracts to perform routine
administrative functions].
(b) In appointing the members of the advisory committee
established under this section, the commissioner shall ensure the
committee has a balanced representation of teachers,
administrators, school counselors, and representatives of both
traditional and alternative certification educator preparation
programs.
SECTION 21. Sections 21.041(b), (c), and (d), Education
Code, are amended to read as follows:
(b) The commissioner [board] shall adopt [propose] rules
that:
(1) provide for the regulation of educators and the
general administration of this subchapter in a manner consistent
with this subchapter;
(2) specify the classes of educator certificates to be
issued, including emergency certificates;
(3) specify the period for which each class of
educator certificate is valid;
(4) specify the requirements for the issuance and
renewal of an educator certificate;
(5) provide for the issuance of an educator
certificate to a person who holds a similar certificate issued by
another state or foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American Sign
Language;
(7) provide for disciplinary proceedings, including
the suspension or revocation of an educator certificate, as
provided by Chapter 2001, Government Code;
(8) provide for the adoption, amendment, and
enforcement of an educator's code of ethics;
(9) provide for continuing education requirements;
and
(10) provide for certification of persons performing
appraisals under Subchapter H.
(c) The commissioner [board] shall adopt [propose] a rule
establishing [adopting] a fee for the issuance and maintenance of
an educator certificate that, when combined with any fees imposed
under Subsection (d), is adequate to cover the cost of
administration of this subchapter.
(d) The commissioner [board] may adopt [propose] a rule
establishing [adopting] a fee for the approval or renewal of
approval of an educator preparation program, or for the addition of
a certificate or field of certification to the scope of a program's
approval. A fee imposed under this subsection may not exceed the
amount necessary, as determined by the commissioner [board], to
provide for the administrative cost of approving, renewing the
approval of, and appropriately ensuring the accountability of
educator preparation programs under this subchapter.
SECTION 22. Section 21.044, Education Code, as amended by
Chapters 161 (S.B. 1093), 1091 (H.B. 3573), 1282 (H.B. 2012), and
1321 (S.B. 460), Acts of the 83rd Legislature, Regular Session,
2013, is amended to read as follows:
Sec. 21.044. EDUCATOR PREPARATION. (a) The commissioner
[board] shall adopt [propose] rules establishing the training
requirements a person must accomplish to obtain a certificate,
enter an internship, or enter an induction-year program. The
commissioner [board] shall specify the minimum academic
qualifications required for a certificate.
(b) Any minimum academic qualifications for a certificate
specified under Subsection (a) that require a person to possess a
bachelor's degree must also require that the person receive, as
part of the curriculum for that degree, instruction in detection
and education of students with dyslexia. This subsection does not
apply to a person who obtains a certificate through an alternative
certification program adopted under Section 21.049.
(c) The instruction under Subsection (b) must:
(1) be developed by a panel of experts in the diagnosis
and treatment of dyslexia who are:
(A) employed by institutions of higher
education; and
(B) approved by the commissioner [board]; and
(2) include information on:
(A) characteristics of dyslexia;
(B) identification of dyslexia; and
(C) effective, multisensory strategies for
teaching students with dyslexia.
(c-1) Any minimum academic qualifications for a certificate
specified under Subsection (a) that require a person to possess a
bachelor's degree must also require that the person receive, as
part of the training required to obtain that certificate,
instruction in detection of students with mental or emotional
disorders.
(c-2) The instruction under Subsection (c-1) must:
(1) be developed by a panel of experts in the diagnosis
and treatment of mental or emotional disorders who are appointed by
the commissioner [board]; and
(2) include information on:
(A) characteristics of the most prevalent mental
or emotional disorders among children;
(B) identification of mental or emotional
disorders;
(C) effective strategies for teaching and
intervening with students with mental or emotional disorders,
including de-escalation techniques and positive behavioral
interventions and supports; and
(D) providing, in compliance with Section
38.010, notice and referral to a parent or guardian of a student
with a mental or emotional disorder so that the parent or guardian
may take appropriate action such as seeking mental health services.
(d) In adopting [proposing] rules under this section, the
commissioner [board] shall specify that to obtain a certificate to
teach an "applied STEM course," as that term is defined by Section
28.027, at a secondary school, a person must:
(1) pass the certification test administered by the
recognized national or international business and industry group
that created the curriculum the applied STEM course is based on; and
(2) have at a minimum:
(A) an associate degree from an accredited
institution of higher education; and
(B) three years of work experience in an
occupation for which the applied STEM course is intended to prepare
the student.
(e) In adopting [proposing] rules under this section for a
person to obtain a certificate to teach a health science technology
education course, the commissioner [board] shall specify that a
person must have:
(1) an associate degree or more advanced degree from
an accredited institution of higher education;
(2) current licensure, certification, or registration
as a health professions practitioner issued by a nationally
recognized accrediting agency for health professionals; and
(3) at least two years of wage earning experience
utilizing the licensure requirement.
(f) The commissioner [board] may not adopt [propose] rules
for a certificate to teach a health science technology education
course that specify that a person must have a bachelor's degree or
that establish any other credential or teaching experience
requirements that exceed the requirements under Subsection (e).
(g) [(e)] Each educator preparation program must provide
information regarding:
(1) the skills that educators are required to possess,
the responsibilities that educators are required to accept, and the
high expectations for students in this state;
(2) the effect of supply and demand forces on the
educator workforce in this state;
(3) the performance over time of the educator
preparation program;
(4) the importance of building strong classroom
management skills; and
(5) the framework in this state for teacher and
principal evaluation, including the procedures followed in
accordance with Subchapter H.
SECTION 23. Section 21.0441, Education Code, is amended to
read as follows:
Sec. 21.0441. ADMISSION REQUIREMENTS FOR EDUCATOR
PREPARATION PROGRAMS. (a) Rules of the commissioner adopted
[board proposed] under this subchapter must provide that a person,
other than a person seeking career and technology education
certification, is not eligible for admission to an educator
preparation program, including an alternative educator preparation
program, unless the person:
(1) except as provided by Subsection (b), satisfies
minimum grade point average requirements prescribed by the
commissioner [board], not to exceed the following:
(A) an overall grade point average of at least
2.75 on a four-point scale or the equivalent on any course work
previously attempted at a public or private institution of higher
education; or
(B) a grade point average of at least 2.75 on a
four-point scale or the equivalent for the last 60 semester credit
hours attempted at a public or private institution of higher
education; and
(2) if the person is seeking initial certification:
(A) has successfully completed at least:
(i) 15 semester credit hours in the
subject-specific content area in which the person is seeking
certification, if the person is seeking certification to teach
mathematics or science at or above grade level seven; or
(ii) 12 semester credit hours in the
subject-specific content area in which the person is seeking
certification, if the person is not seeking certification to teach
mathematics or science at or above grade level seven; or
(B) has achieved a satisfactory level of
performance on a content certification examination, which may be a
content certification examination administered by a vendor
approved by the commissioner for purposes of administering such an
examination for the year for which the person is applying for
admission to the program.
(b) The commissioner's [board's] rules must permit an
educator preparation program to admit in extraordinary
circumstances a person who fails to satisfy a grade point average
requirement prescribed by Subsection (a)(1)(A) or (B), provided
that:
(1) not more than 10 percent of the total number of
persons admitted to the program in a year fail to satisfy the
requirement under Subsection (a)(1)(A) or (B); and
(2) for each person admitted as described by this
subsection, the director of the program determines and certifies,
based on documentation provided by the person, that the person's
work, business, or career experience demonstrates achievement
comparable to the academic achievement represented by the grade
point average requirement.
SECTION 24. Section 21.045, Education Code, is amended to
read as follows:
Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR
PREPARATION PROGRAMS; PROGRAM APPROVAL AND RENEWAL. (a) The
commissioner [board] shall adopt [propose] rules establishing
standards to govern the approval and continuing accountability of
all educator preparation programs based on the following
information that is disaggregated with respect to sex and
ethnicity:
(1) results of the certification examinations
prescribed under Section 21.048(a);
(2) performance based on the appraisal system for
beginning teachers adopted by the commissioner [board];
(3) achievement, including improvement in
achievement, of students taught by beginning teachers for the first
three years following certification, to the extent practicable; and
(4) compliance with commissioner [board] requirements
regarding the frequency, duration, and quality of structural
guidance and ongoing support provided by field supervisors to
beginning teachers during their first year in the classroom.
(b) Each educator preparation program shall submit data
elements as required by the commissioner [board] for an annual
performance report to ensure access and equity. At a minimum, the
annual report must contain the performance data from Subsection
(a), other than the data required for purposes of Subsection
(a)(3), and the following information, disaggregated by sex and
ethnicity:
(1) the number of candidates who apply;
(2) the number of candidates admitted;
(3) the number of candidates retained;
(4) the number of candidates completing the program;
(5) the number of candidates employed in the
profession after completing the program;
(6) the number of candidates retained in the
profession; and
(7) any other information required by federal law.
(c) The commissioner [board] shall adopt [propose] rules
establishing performance standards for the Accountability System
for Educator Preparation for accrediting educator preparation
programs. At a minimum, performance standards must be based on
Subsection (a).
(d) The commissioner shall adopt [board may propose] rules
establishing minimum standards for approval or renewal of approval
of:
(1) educator preparation programs; or
(2) certification fields authorized to be offered by
an educator preparation program.
(e) In adopting rules establishing minimum standards for
renewal of approval of educator preparation programs under
Subsection (d)(1), the commissioner shall require that each
educator preparation program obtain renewal of approval every five
years. The commissioner shall adopt an evaluation process to be
used for purposes of educator preparation program renewal. To be
eligible for renewal and continued accreditation, an educator
preparation program must meet basic standards and requirements to
adequately prepare candidates for educator certification, as
determined by the commissioner.
SECTION 25. The heading to Section 21.0451, Education Code,
is amended to read as follows:
Sec. 21.0451. SANCTIONS [UNDER ACCOUNTABILITY SYSTEM] FOR
EDUCATOR PREPARATION PROGRAMS.
SECTION 26. Section 21.0451, Education Code, is amended by
amending Subsection (a) and adding Subsections (e) and (f) to read
as follows:
(a) The commissioner [board] shall adopt [propose] rules
for the sanction of educator preparation programs that do not meet
accountability standards or comply with state law or commissioner
rules and shall annually review the accreditation status of each
educator preparation program. The rules:
(1) shall provide for the assignment of the following
accreditation statuses:
(A) not rated;
(B) accredited;
(C) accredited-warned;
(D) accredited-probation; and
(E) not accredited-revoked;
(2) may provide for the agency to take any necessary
action, including one or more of the following actions:
(A) requiring the program to obtain technical
assistance approved by the agency [or board];
(B) requiring the program to obtain professional
services under contract with another person;
(C) appointing a monitor to participate in and
report to the commissioner [board] on the activities of the
program; and
(D) if a program has been rated as
accredited-probation [under the Accountability System for Educator
Preparation] for a period of at least one year, revoking the
approval of the program and ordering the program to be closed,
provided that the [board or] agency must provide the opportunity
for a hearing before the effective date of the closure; and
(3) shall provide for the agency to revoke the
approval of the program and order the program to be closed if the
program has been rated as accredited-probation [under the
Accountability System for Educator Preparation] for three
consecutive years, provided that the [board or] agency must provide
the opportunity for a hearing before the effective date of the
closure.
(e) The commissioner shall adopt procedures to ensure that
sanctions under this section are applied fairly.
(f) The commissioner shall:
(1) provide information regarding sanctions under
this section to each educator preparation program; and
(2) provide information to at-risk educator
preparation programs about sanctions the specific program could
face, including the consequences of those sanctions, a timeline for
the program to comply with rules and meet accreditation standards,
and how to appeal a sanction under this section.
SECTION 27. Section 21.0452, Education Code, is amended to
read as follows:
Sec. 21.0452. CONSUMER INFORMATION REGARDING EDUCATOR
PREPARATION PROGRAMS. (a) To assist persons interested in
obtaining teaching certification in selecting an educator
preparation program and assist school districts in making staffing
decisions, the commissioner [board] shall make information
regarding educator programs in this state available to the public
through the agency's [board's] Internet website.
(b) The commissioner [board] shall make available at least
the following information regarding each educator preparation
program:
(1) the information specified in Sections 21.045(a)
and (b);
(2) in addition to any other appropriate information
indicating the quality of persons admitted to the program, the
average academic qualifications possessed by persons admitted to
the program, including:
(A) average overall grade point average and
average grade point average in specific subject areas; and
(B) average scores on the Scholastic Assessment
Test (SAT), the American College Test (ACT), or the Graduate Record
Examination (GRE), as applicable;
(3) the degree to which persons who complete the
program are successful in obtaining teaching positions;
(4) the extent to which the program prepares teachers,
including general education teachers and special education
teachers, to effectively teach:
(A) students with disabilities; and
(B) students of limited English proficiency, as
defined by Section 29.052;
(5) the activities offered by the program that are
designed to prepare teachers to:
(A) integrate technology effectively into
curricula and instruction, including activities consistent with
the principles of universal design for learning; and
(B) use technology effectively to collect,
manage, and analyze data to improve teaching and learning for the
purpose of increasing student academic achievement;
(6) the perseverance of beginning teachers in the
profession, as determined on the basis of the number of beginning
teachers who maintain status as active contributing members in the
Teacher Retirement System of Texas for at least three years after
certification in comparison to similar programs;
(7) the results of exit surveys given to program
participants on completion of the program that involve evaluation
of the program's effectiveness in preparing participants to succeed
in the classroom; and
(8) the results of surveys given to school principals
that involve evaluation of the program's effectiveness in preparing
participants to succeed in the classroom, based on experience with
employed program participants.
(c) For purposes of Subsection (b)(7), the commissioner
[board] shall require an educator preparation program to distribute
an exit survey that a program participant must complete before the
participant is eligible to receive a certificate under this
subchapter.
(d) For purposes of Subsections (b)(7) and (8), the
commissioner [board] shall develop surveys for distribution to
program participants and school principals.
(e) The commissioner [board] may develop procedures under
which each educator preparation program receives a designation or
ranking based on the information required to be made available
under Subsection (b). If the commissioner [board] develops
procedures under this subsection, the designation or ranking
received by each program must be included in the information made
available under this section.
(f) In addition to other information required to be made
available under this section, the commissioner [board] shall
provide information identifying employment opportunities for
teachers in the various regions of this state. The commissioner
[board] shall specifically identify each region of this state in
which a shortage of qualified teachers exists.
(g) The commissioner [board] may require any person to
provide information to the commissioner [board] for purposes of
this section.
SECTION 28. Section 21.0453, Education Code, is amended to
read as follows:
Sec. 21.0453. INFORMATION FOR CANDIDATES FOR TEACHER
CERTIFICATION. (a) The commissioner [board] shall require an
educator preparation program to provide candidates for teacher
certification with information concerning the following:
(1) skills and responsibilities required of teachers;
(2) expectations for student performance based on
state standards;
(3) the current supply of and demand for teachers in
this state;
(4) the importance of developing classroom management
skills; and
(5) the state's framework for appraisal of teachers
and principals.
(b) The commissioner [board] may adopt [propose] rules as
necessary for administration of this section, including rules to
ensure that accurate and consistent information is provided by all
educator preparation programs.
SECTION 29. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.0454 and 21.0455 to read as follows:
Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION
PROGRAMS; RISK-ASSESSMENT MODEL. (a) The commissioner shall
develop a set of risk factors to use in assessing the overall risk
level of each educator preparation program. The set of risk factors
must include:
(1) a history of the program's compliance with state
law and commissioner rules, standards, and procedures;
(2) the program's operational standards;
(3) whether the program meets the accountability
standards under Section 21.045; and
(4) whether the program is accredited by other
organizations.
(b) The agency shall use the set of risk factors developed
under Subsection (a) to guide the agency in conducting monitoring,
inspections, and compliance audits of educator preparation
programs, including evaluations associated with renewals under
Section 21.045(e).
Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION
PROGRAMS. (a) The commissioner shall adopt rules establishing a
process for a candidate for teacher certification to direct a
complaint against an educator preparation program to the agency.
(b) The commissioner by rule shall require an educator
preparation program to notify candidates for teacher certification
of the complaint process adopted under Subsection (a). The notice
must include the name, mailing address, telephone number, and
Internet website address of the agency for the purpose of directing
complaints to the agency. The educator preparation program shall
provide for that notification:
(1) on the Internet website of the educator
preparation program, if the program maintains a website;
(2) on a sign prominently displayed in program
facilities; and
(3) in any newsletter distributed by the educator
preparation program, if the program distributes a newsletter.
(c) The commissioner shall post the complaint process
adopted under Subsection (a) on the agency's Internet website.
(d) The agency has no authority to arbitrate or resolve
contractual or commercial issues between an educator preparation
program and a candidate for teacher certification.
SECTION 30. Sections 21.046(c) and (d), Education Code, are
amended to read as follows:
(c) Because an effective principal is essential to school
improvement, the commissioner [board] shall ensure that:
(1) each candidate for certification as a principal is
of the highest caliber; and
(2) multi-level screening processes, validated
comprehensive assessment programs, and flexible internships with
successful mentors exist to determine whether a candidate for
certification as a principal possesses the essential knowledge,
skills, and leadership capabilities necessary for success.
(d) In creating the qualifications for certification as a
principal, the commissioner [board] shall consider the knowledge,
skills, and proficiencies for principals as developed by relevant
national organizations and the State Board of Education.
SECTION 31. Sections 21.047(a) and (b), Education Code, are
amended to read as follows:
(a) The commissioner [board] may develop the process for the
establishment of centers for professional development through
institutions of higher education for the purpose of integrating
technology and innovative teaching practices in the preservice and
staff development training of public school teachers and
administrators. An institution of higher education with a teacher
education program may develop a center through a collaborative
process involving public schools, regional education service
centers, and other entities or businesses. A center may contract
with other entities to develop materials and provide training.
(b) On application by a center, the commissioner [board]
shall make grants to the center for its programs from funds derived
from gifts, grants, and legislative appropriations for that
purpose. The commissioner [board] shall award the grants on a
competitive basis according to requirements established by
commissioner [the board] rules.
SECTION 32. Section 21.048(a), Education Code, as amended
by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
(a) The commissioner [board] shall adopt [propose] rules
prescribing comprehensive examinations for each class of
certificate issued by the commissioner [board]. The commissioner
[board] shall determine the satisfactory level of performance
required for each certification examination. For the issuance of a
generalist certificate, the commissioner [board] shall require a
satisfactory level of examination performance in each core subject
covered by the examination.
SECTION 33. Sections 21.048(a-1), (b), and (c), Education
Code, are amended to read as follows:
(a-1) The commissioner [board] may not require that more
than 45 days elapse before a person may retake an examination.
(b) The commissioner [board] may not administer a written
examination to determine the competence or level of performance of
an educator who has a hearing impairment unless the examination has
been field tested to determine its appropriateness, reliability,
and validity as applied to, and minimum acceptable performance
scores for, persons with hearing impairments.
(c) An educator who has a hearing impairment is exempt from
taking a written examination for a period ending on the first
anniversary of the date on which the commissioner [board]
determines, on the basis of appropriate field tests, that the
examination complies with the standards specified in Subsection
(b). On application to the commissioner [board], the commissioner
[board] shall issue a temporary exemption certificate to a person
entitled to an exemption under this subsection.
SECTION 34. Section 21.0481, Education Code, is amended to
read as follows:
Sec. 21.0481. MASTER READING TEACHER CERTIFICATION. (a)
To ensure that there are teachers with special training to work with
other teachers and with students in order to improve student
reading performance, the commissioner [board] shall establish a
master reading teacher certificate.
(b) The commissioner [board] shall issue a master reading
teacher certificate to each eligible person.
(c) To be eligible for a master reading teacher certificate,
a person must:
(1) hold a reading specialist certificate issued under
this subchapter and satisfactorily complete a course of instruction
as prescribed under Subdivision (2)(B); or
(2) hold a teaching certificate issued under this
subchapter and:
(A) have at least three years of teaching
experience;
(B) satisfactorily complete a knowledge-based
and skills-based course of instruction on the science of teaching
children to read that includes training in:
(i) effective reading instruction
techniques, including effective techniques for students whose
primary language is a language other than English;
(ii) identification of dyslexia and related
reading disorders and effective reading instruction techniques for
students with those disorders; and
(iii) effective professional peer
mentoring techniques;
(C) perform satisfactorily on the master reading
teacher certification examination prescribed by the commissioner
[board]; and
(D) satisfy any other requirements prescribed by
the commissioner [board].
SECTION 35. Section 21.0482, Education Code, is amended to
read as follows:
Sec. 21.0482. MASTER MATHEMATICS TEACHER CERTIFICATION.
(a) To ensure that there are teachers with special training to work
with other teachers and with students in order to improve student
mathematics performance, the commissioner [board] shall establish:
(1) a master mathematics teacher certificate to teach
mathematics at elementary school grade levels;
(2) a master mathematics teacher certificate to teach
mathematics at middle school grade levels; and
(3) a master mathematics teacher certificate to teach
mathematics at high school grade levels.
(b) The commissioner [board] shall issue the appropriate
master mathematics teacher certificate to each eligible person.
(c) To be eligible for a master mathematics teacher
certificate, a person must:
(1) hold a teaching certificate issued under this
subchapter;
(2) have at least three years of teaching experience;
(3) satisfactorily complete a knowledge-based course
of instruction on the science of teaching children mathematics that
includes training in mathematics instruction and professional peer
mentoring techniques that, through scientific testing, have been
proven effective;
(4) perform satisfactorily on the appropriate master
mathematics teacher certification examination prescribed by the
commissioner [board]; and
(5) satisfy any other requirements prescribed by the
commissioner [board].
(d) The course of instruction prescribed under Subsection
(c)(3) shall be developed by the commissioner [board] in
consultation with mathematics and science faculty members at
institutions of higher education.
SECTION 36. Section 21.0483, Education Code, is amended to
read as follows:
Sec. 21.0483. MASTER TECHNOLOGY TEACHER CERTIFICATION. (a)
To ensure that there are teachers with special training to work with
other teachers and with students in order to increase the use of
technology in each classroom, the commissioner [board] shall
establish a master technology teacher certificate.
(b) The commissioner [board] shall issue a master
technology teacher certificate to each eligible person.
(c) To be eligible for a master technology teacher
certificate, a person must:
(1) hold a technology applications or Technology
Education certificate issued under this subchapter, satisfactorily
complete the course of instruction prescribed under Subdivision
(2)(B), and satisfactorily perform on the examination prescribed
under Subdivision (2)(C); or
(2) hold a teaching certificate issued under this
subchapter and:
(A) have at least three years of teaching
experience;
(B) satisfactorily complete a knowledge-based
and skills-based course of instruction on interdisciplinary
technology applications and the science of teaching technology that
includes training in:
(i) effective technology instruction
techniques, including applications designed to meet the
educational needs of students with disabilities;
(ii) classroom teaching methodology that
engages student learning through the integration of technology;
(iii) digital learning competencies,
including Internet research, graphics, animation, website
mastering, and video technologies;
(iv) curriculum models designed to prepare
teachers to facilitate an active student learning environment; and
(v) effective professional peer mentoring
techniques;
(C) satisfactorily perform on an examination
administered at the conclusion of the course of instruction
prescribed under Paragraph (B); and
(D) satisfy any other requirements prescribed by
the commissioner [board].
(d) The commissioner [board] may provide technology
applications training courses under Subsection (c)(2)(B) in
cooperation with:
(1) regional education service centers; and
(2) other public or private entities, including any
state council on technology.
SECTION 37. Section 21.0484, Education Code, is amended to
read as follows:
Sec. 21.0484. MASTER SCIENCE TEACHER CERTIFICATION. (a)
To ensure that there are teachers with special training to work with
other teachers and with students in order to improve student
science performance, the commissioner [board] shall establish:
(1) a master science teacher certificate to teach
science at elementary school grade levels;
(2) a master science teacher certificate to teach
science at middle school grade levels; and
(3) a master science teacher certificate to teach
science at high school grade levels.
(b) The commissioner [board] shall issue the appropriate
master science teacher certificate to each eligible person.
(c) To be eligible for a master science teacher certificate,
a person must:
(1) hold a teaching certificate issued under this
subchapter;
(2) have at least three years of teaching experience;
(3) satisfactorily complete a knowledge-based course
of instruction on the science of teaching children science that
includes training in science instruction and professional peer
mentoring techniques that, through scientific testing, have been
proven effective;
(4) perform satisfactorily on the appropriate master
science teacher certification examination prescribed by the
commissioner [board]; and
(5) satisfy any other requirements prescribed by the
commissioner [board].
(d) The course of instruction prescribed under Subsection
(c)(3) shall be developed by the commissioner [board] in
consultation with science faculty members at institutions of higher
education.
SECTION 38. Section 21.0485(a), Education Code, is amended
to read as follows:
(a) To be eligible to be issued a certificate to teach
students with visual impairments, a person must:
(1) complete either:
(A) all course work required for that
certification in an approved educator preparation program; or
(B) an alternative educator certification
program approved for the purpose by the commissioner [board];
(2) perform satisfactorily on each examination
prescribed under Section 21.048 for certification to teach students
with visual impairments, after completing the course work or
program described by Subdivision (1); and
(3) satisfy any other requirements prescribed by the
commissioner [board].
SECTION 39. Section 21.049, Education Code, is amended to
read as follows:
Sec. 21.049. ALTERNATIVE CERTIFICATION. (a) To provide a
continuing additional source of qualified educators, the
commissioner [board] shall adopt [propose] rules providing for
educator certification programs as an alternative to traditional
educator preparation programs. The rules may not provide that a
person may be certified under this section only if there is a
demonstrated shortage of educators in a school district or subject
area.
(b) The commissioner [board] may not require a person
employed as a teacher in an alternative education program under
Section 37.008 or a juvenile justice alternative education program
under Section 37.011 for at least three years to complete an
alternative educator certification program adopted under this
section before taking the appropriate certification examination.
SECTION 40. Sections 21.050(a) and (b), Education Code, are
amended to read as follows:
(a) A person who applies for a teaching certificate for
which commissioner [board] rules require a bachelor's degree must
possess a bachelor's degree received with an academic major or
interdisciplinary academic major, including reading, other than
education, that is related to the curriculum as prescribed under
Subchapter A, Chapter 28.
(b) The commissioner [board] may not require more than 18
semester credit hours of education courses at the baccalaureate
level for the granting of a teaching certificate. The commissioner
[board] shall provide for a minimum number of semester credit hours
of internship to be included in the hours needed for certification.
The commissioner [board] may adopt [propose] rules requiring
additional credit hours for certification in bilingual education,
English as a second language, early childhood education, or special
education.
SECTION 41. Sections 21.051(c), (d), (e), and (f),
Education Code, are amended to read as follows:
(c) Subsection (b) applies only to an initial certification
issued on or after September 1, 2012. Subsection (b) does not
affect:
(1) the validity of a certification issued before
September 1, 2012; or
(2) the eligibility of a person who holds a
certification issued before September 1, 2012, to obtain a
subsequent renewal of the certification in accordance with
commissioner [board] rule.
(d) Subsection (b) does not affect the period within which
an individual must complete field-based experience hours as
determined by commissioner [board] rule if the individual is not
accepted into an educator preparation program before the deadline
prescribed by commissioner [board] rule and is hired for a teaching
assignment by a school district after the deadline prescribed by
commissioner [board] rule.
(e) The commissioner [board] shall adopt [propose] rules
relating to the field-based experience required by Subsection (b),
including rules establishing [. The commissioner by rule shall
adopt] procedures and standards for recognizing a private school
under Subsection (b)(2).
(f) The commissioner [board] shall adopt [propose] rules
providing flexible options for persons for any field-based
experience or internship required for certification.
SECTION 42. Sections 21.052(a), (c), (d), (e), (f), and
(h), Education Code, are amended to read as follows:
(a) The commissioner [board] may issue a certificate to an
educator who applies for a certificate and:
(1) holds:
(A) a degree issued by an institution accredited
by a regional accrediting agency or group that is recognized by a
nationally recognized accreditation board; or
(B) a degree issued by an institution located in
a foreign country, if the degree is equivalent to a degree described
by Paragraph (A);
(2) holds an appropriate certificate or other
credential issued by another state or country; and
(3) performs satisfactorily on:
(A) the examination prescribed under Section
21.048; or
(B) if the educator holds a certificate or other
credential issued by another state or country, an examination
similar to and at least as rigorous as that described by Paragraph
(A) administered to the educator under the authority of that state.
(c) The commissioner [board] may issue a temporary
certificate under this section to an educator who holds a degree
required by Subsection (a)(1) and a certificate or other credential
required by Subsection (a)(2) but who has not satisfied the
requirements prescribed by Subsection (a)(3). Subject to
Subsection (d), the commissioner [board] may specify the term of a
temporary certificate issued under this subsection.
(d) A temporary certificate issued under Subsection (c) to
an educator employed by a school district that has constructed or
expanded at least one instructional facility as a result of
increased student enrollment due to actions taken under the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687)
may not expire before the first anniversary of the date on which the
commissioner [board] completes the review of the educator's
credentials and informs the educator of the examination or
examinations under Section 21.048 on which the educator must
perform successfully to receive a standard certificate.
(e) An educator who has submitted all documents required by
the commissioner [board] for certification and who receives a
certificate as provided by Subsection (a) must perform
satisfactorily on the examination prescribed under Section 21.048
not later than the first anniversary of the date the commissioner
[board] completes the review of the educator's credentials and
informs the educator of the examination or examinations under
Section 21.048 on which the educator must perform successfully to
receive a standard certificate.
(f) The commissioner [board] shall post on the
commissioner's [board's] Internet website the procedures for
obtaining a certificate under Subsection (a).
(h) This subsection applies only to an applicant who holds a
certificate or other credential issued by another state in
mathematics, science, special education, or bilingual education,
or another subject area that the commissioner determines has a
shortage of teachers. In any state fiscal year, the commissioner
[board] shall accept or reject, not later than the 14th day after
the date the commissioner [board] receives the completed
application, at least 90 percent of the applications the
commissioner [board] receives for a certificate under this
subsection, and shall accept or reject all completed applications
the commissioner [board] receives under this subsection not later
than the 30th day after the date the commissioner [board] receives
the completed application. An applicant under this subsection must
submit:
(1) a letter of good standing from the state in which
the teacher is certified on a form determined by the commissioner
[board];
(2) information necessary to complete a national
criminal history record information review; and
(3) an application fee as required by the commissioner
[board].
SECTION 43. Section 21.054(a), Education Code, is amended
to read as follows:
(a) The commissioner [board] shall adopt [propose] rules
establishing a process for identifying continuing education
courses and programs that fulfill educators' continuing education
requirements.
SECTION 44. Section 21.054(d), Education Code, as added by
Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular
Session, 2013, is redesignated as Section 21.054(g), Education
Code, and amended to read as follows:
(g) [(d)] The commissioner [board] shall adopt rules that
allow an educator to fulfill up to 12 hours of continuing education
by participating in a mental health first aid training program
offered by a local mental health authority under Section 1001.203,
Health and Safety Code. The number of hours of continuing
education an educator may fulfill under this subsection may not
exceed the number of hours the educator actually spends
participating in a mental health first aid training program.
SECTION 45. Section 21.055(a), Education Code, is amended
to read as follows:
(a) As provided by this section, a school district may issue
a school district teaching permit and employ as a teacher a person
who does not hold a teaching certificate issued by the commissioner
[board].
SECTION 46. Section 21.056, Education Code, is amended to
read as follows:
Sec. 21.056. ADDITIONAL CERTIFICATION. The commissioner
[board] by rule shall provide for a certified educator to qualify
for additional certification to teach at a grade level or in a
subject area not covered by the educator's certificate upon
satisfactory completion of an examination or other assessment of
the educator's qualification.
SECTION 47. Section 21.057(d), Education Code, is amended
to read as follows:
(d) For purposes of this section, "inappropriately
certified or uncertified teacher":
(1) includes:
(A) an individual serving on an emergency
certificate issued under Section 21.041(b)(2); or
(B) an individual who does not hold any
certificate or permit issued under this chapter and is not employed
as specified by Subdivision (2)(E); and
(2) does not include an individual:
(A) who is a certified teacher assigned to teach
a class or classes outside his or her area of certification, as
determined by rules adopted [proposed] by the commissioner [board]
in specifying the certificate required for each assignment;
(B) serving on a certificate issued due to a
hearing impairment under Section 21.048;
(C) serving on a certificate issued pursuant to
enrollment in an approved alternative certification program under
Section 21.049;
(D) certified by another state or country and
serving on a certificate issued under Section 21.052;
(E) serving on a school district teaching permit
issued under Section 21.055; or
(F) employed under a waiver granted by the
commissioner pursuant to Section 7.056.
SECTION 48. Sections 21.058(b) and (d), Education Code, are
amended to read as follows:
(b) Notwithstanding Section 21.041(b)(7), not later than
the fifth day after the date the commissioner [board] receives
notice under Article 42.018, Code of Criminal Procedure, of the
conviction of a person who holds a certificate under this
subchapter, the commissioner [board] shall:
(1) revoke the certificate held by the person; and
(2) provide to the person and to any school district or
open-enrollment charter school employing the person at the time of
revocation written notice of:
(A) the revocation; and
(B) the basis for the revocation.
(d) A person whose certificate is revoked under Subsection
(b) may reapply for a certificate in accordance with commissioner
[board] rules.
SECTION 49. Section 21.060, Education Code, is amended to
read as follows:
Sec. 21.060. ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN
OFFENSES. The commissioner [board] may suspend or revoke the
certificate or permit held by a person under this subchapter,
impose other sanctions against the person, or refuse to issue a
certificate or permit to a person under this subchapter if the
person has been convicted of a felony or misdemeanor offense
relating to the duties and responsibilities of the education
profession, including:
(1) an offense involving moral turpitude;
(2) an offense involving a form of sexual or physical
abuse of a minor or student or other illegal conduct in which the
victim is a minor or student;
(3) a felony offense involving the possession,
transfer, sale, or distribution of or conspiracy to possess,
transfer, sell, or distribute a controlled substance, as defined by
Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
seq.;
(4) an offense involving the illegal transfer,
appropriation, or use of school district funds or other district
property; or
(5) an offense involving an attempt by fraudulent or
unauthorized means to obtain or alter a professional certificate or
license issued under this subchapter.
SECTION 50. Section 21.061, Education Code, is amended to
read as follows:
Sec. 21.061. REVIEW AND UPDATING OF EDUCATOR PREPARATION
PROGRAMS. The commissioner [board] shall, after consulting with
appropriate higher education faculty and public school teachers and
administrators and soliciting advice from other interested persons
with relevant knowledge and experience, develop and carry out a
process for reviewing and, as necessary, updating standards and
requirements for educator preparation programs.
SECTION 51. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.062 and 21.063 to read as follows:
Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an
investigation by the commissioner of an educator for an alleged
incident of misconduct, the commissioner may issue a subpoena to
compel the production, for inspection or copying, of relevant
evidence that is located in this state.
(b) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with a subpoena, the
commissioner, acting through the attorney general, may file suit to
enforce the subpoena in a district court in this state. On finding
that good cause exists for issuing the subpoena, the court shall
order the person to comply with the subpoena. The court may punish
a person who fails to obey the court order.
(d) All information and materials subpoenaed or compiled in
connection with an investigation described by Subsection (a) are
confidential and not subject to disclosure under Chapter 552,
Government Code.
(e) Except as provided by a protective order, and
notwithstanding Subsection (d), all information and materials
subpoenaed or compiled in connection with an investigation
described by Subsection (a) may be used in a disciplinary
proceeding against an educator based on an alleged incident of
misconduct.
Sec. 21.063. DISCIPLINARY MATRIX. (a) The commissioner
shall create a matrix to provide guidelines for ensuring the fair
and consistent application of disciplinary sanctions for educators
certified under this chapter who commit violations of this chapter
or a rule adopted under this chapter. In developing the matrix, the
commissioner shall consider the range of appropriate sanctions
available for a violation based on:
(1) the severity of the violation;
(2) the number of repeat violations;
(3) whether the sanction serves as a deterrent to
subsequent violations; and
(4) any aggravating or mitigating factors.
(b) The matrix developed under Subsection (a) does not
prevent the commissioner from exercising discretion based on the
specific circumstances of an individual case.
(c) In developing the matrix under Subsection (a), the
commissioner shall provide for public comment.
(d) The commissioner shall make the matrix developed under
Subsection (a) available to the public through posting the matrix
on the agency's Internet website and through other appropriate
means.
SECTION 52. Section 21.105(c), Education Code, is amended
to read as follows:
(c) On written complaint by the employing district, the
commissioner [State Board for Educator Certification] may impose
sanctions against a teacher employed under a probationary contract
who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
SECTION 53. Section 21.160(c), Education Code, is amended
to read as follows:
(c) On written complaint by the employing district, the
commissioner [State Board for Educator Certification] may impose
sanctions against a teacher who is employed under a continuing
contract that obligates the district to employ the person for the
following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
SECTION 54. Section 21.210(c), Education Code, is amended
to read as follows:
(c) On written complaint by the employing district, the
commissioner [State Board for Educator Certification] may impose
sanctions against a teacher who is employed under a term contract
that obligates the district to employ the person for the following
school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
SECTION 55. Section 21.253(a), Education Code, is amended
to read as follows:
(a) A teacher must file a written request for a hearing
under this subchapter with the district [commissioner] not later
than the 15th day after the date the teacher receives written notice
of the proposed action. [The teacher must provide the district with
a copy of the request and must provide the commissioner with a copy
of the notice.]
SECTION 56. Sections 21.254(b) and (e), Education Code, are
amended to read as follows:
(b) If a hearing examiner is not selected by the parties to a
pending case under Subsection (e), the [The] commissioner shall
immediately assign the hearing examiner for a particular case by
selecting the next person named on the list who resides within
reasonable proximity to the district as determined by the
commissioner. The commissioner may not change the order of names
once the order is established under this section, except that once
each hearing examiner on the list has been assigned to a case, the
names shall be randomly reordered. When a hearing examiner has been
assigned to a case, the commissioner shall immediately notify the
parties. An assignment under this section is final.
(e) After the teacher receives the notice of the proposed
action, the parties by agreement may select a hearing examiner from
the list maintained by the commissioner under Subsection (a) or a
person who is not certified to serve as a hearing examiner. A
person who is not a certified hearing examiner may be selected only
if the person is licensed to practice law in this state. If the
parties do not agree on a hearing examiner, the parties shall
request an assignment from [, before the date the commissioner is
permitted to assign a hearing examiner, notify] the commissioner
under Subsection (b) not later than the 25th calendar day after the
date the teacher receives the notice of the proposed action [in
writing of the agreement, including the name of the hearing
examiner selected].
SECTION 57. Section 21.255(d), Education Code, is amended
to read as follows:
(d) If the hearing examiner is unable to continue presiding
over a case at any time before issuing a recommendation or decision,
the parties shall select by agreement or request the assignment of
another hearing examiner under Section 21.254 who, after a review
of the record, shall perform any remaining functions without the
necessity of repeating any previous proceedings.
SECTION 58. Section 21.4021(g), Education Code, is amended
to read as follows:
(g) If a board of trustees adopts a furlough program after
the date by which a teacher must give notice of resignation under
Section 21.105, 21.160, or 21.210, as applicable, a teacher who
subsequently resigns is not subject to sanctions imposed by the
commissioner [State Board for Educator Certification] as otherwise
authorized by those sections.
SECTION 59. Section 21.503, Education Code, is amended to
read as follows:
Sec. 21.503. ELIGIBILITY. A person is eligible for the
program if the person:
(1) has served in the armed forces of the United
States;
(2) is honorably discharged, retired, or released from
active duty on or after October 1, 1990, after at least six years of
continuous active duty service immediately before the discharge,
retirement, or release;
(3) has received a baccalaureate or advanced degree
from a public or private institution of higher education accredited
by a regional accrediting agency or group that is recognized by a
nationally recognized accreditation board; and
(4) satisfies any other criteria for selection
[jointly] prescribed by the agency [and the State Board for
Educator Certification].
SECTION 60. Section 21.504(b), Education Code, is amended
to read as follows:
(b) The agency [and the State Board for Educator
Certification] shall distribute the applications and information
regarding the program.
SECTION 61. Section 21.510(c), Education Code, is amended
to read as follows:
(c) For purposes of this section, a participant in the
program is not considered to be in violation of an agreement under
Section 21.508 during any period in which the participant:
(1) is pursuing a full-time course of study related to
the field of teaching at a public or private institution of higher
education approved by the commissioner [State Board for Educator
Certification];
(2) is serving on active duty as a member of the armed
forces of the United States;
(3) is temporarily totally disabled for a period not
to exceed three years as established by sworn affidavit of a
qualified physician;
(4) is unable to secure employment for a period not to
exceed one year because of care required by a disabled spouse;
(5) is seeking and unable to find full-time employment
as a teacher in a public elementary or secondary school for a single
period not to exceed 27 months; or
(6) satisfies the provisions of any additional
reimbursement exception adopted by the agency.
SECTION 62. Sections 21.551 and 21.553, Education Code, are
amended to read as follows:
Sec. 21.551. PURPOSES. The purposes of the alternative
certification Teach for Texas Pilot Program are to:
(1) attract to the teaching profession persons who
have expressed interest in teaching and to support the
certification of those persons as teachers;
(2) recognize the importance of the certification
process [governed by the State Board for Educator Certification]
under Subchapter B, which requires verification of competence in
subject area and professional knowledge and skills;
(3) encourage the creation and expansion of educator
preparation programs that recognize the knowledge and skills gained
through previous educational and work-related experiences and that
are delivered in a manner that recognizes individual circumstances,
including the need to remain employed full-time while enrolled in
the Teach for Texas Pilot Program; and
(4) provide annual stipends to postbaccalaureate
teacher certification candidates.
Sec. 21.553. FINANCIAL INCENTIVES. (a) The pilot program
must offer to participants financial incentives, including tuition
assistance and loan forgiveness. In offering a financial
incentive, the commissioner [State Board for Educator
Certification] shall:
(1) require a contract between each participant who
accepts a financial incentive and the commissioner [State Board for
Educator Certification] under which the participant is obligated to
teach in a public school in this state for a stated period after
certification;
(2) provide financial incentives in proportion to the
length of the period the participant is obligated by contract to
teach after certification; and
(3) give special financial incentives to a participant
who agrees in the contract to teach in an underserved area.
(b) Financial incentives may be paid only from funds
appropriated specifically for that purpose and from gifts, grants,
and donations solicited or accepted by the commissioner [State
Board for Educator Certification] for that purpose.
(c) The commissioner [State Board for Educator
Certification] shall adopt [propose] rules establishing criteria
for awarding financial incentives under this section, including
criteria for awarding financial incentives if there are more
participants than funds available to provide the financial
incentives.
SECTION 63. Section 21.604(b), Education Code, is amended
to read as follows:
(b) The agency [and the State Board for Educator
Certification] shall distribute the applications and information
regarding the program.
SECTION 64. Section 21.609(c), Education Code, is amended
to read as follows:
(c) For purposes of this section, a participant in the
program is not considered to be in violation of an agreement under
Section 21.607 during any period in which the participant:
(1) is pursuing a full-time course of study related to
the field of teaching at an institution of higher education
approved by the commissioner [State Board for Educator
Certification];
(2) is serving on active duty as a member of the armed
forces of the United States;
(3) is temporarily totally disabled for a period not
to exceed three years as established by affidavit of a qualified
physician;
(4) is unable to secure employment for a period not to
exceed one year because of care required by a disabled spouse;
(5) is seeking and unable to find full-time employment
as a teacher in a public elementary or secondary school for a single
period not to exceed 27 months; or
(6) satisfies the provisions of any additional
reimbursement exception adopted by the agency.
SECTION 65. Section 22.0512(b), Education Code, is amended
to read as follows:
(b) In this section, "disciplinary proceeding" means:
(1) an action brought by the school district employing
a professional employee of a school district to discharge or
suspend the employee or terminate or not renew the employee's term
contract; or
(2) an action brought by the commissioner [State Board
for Educator Certification] to enforce the educator's code of
ethics adopted under Section 21.041(b)(8).
SECTION 66. Section 22.082, Education Code, is amended to
read as follows:
Sec. 22.082. ACCESS TO CRIMINAL HISTORY RECORDS BY
COMMISSIONER [STATE BOARD FOR EDUCATOR CERTIFICATION]. The
commissioner [State Board for Educator Certification] shall
subscribe to the criminal history clearinghouse as provided by
Section 411.0845, Government Code, and may obtain from any law
enforcement or criminal justice agency all criminal history record
information and all records contained in any closed criminal
investigation file that relate to a specific applicant for or
holder of a certificate issued under Subchapter B, Chapter 21.
SECTION 67. Sections 22.0831(c), (d), (e), and (f),
Education Code, are amended to read as follows:
(c) The commissioner [board] shall review the national
criminal history record information of a person who has not
previously submitted fingerprints to the department or been subject
to a national criminal history record information review.
(d) The commissioner [board] shall place an educator's
certificate on inactive status for failure to comply with a
deadline for submitting information required under this section.
(e) The commissioner [board] may allow a person who is
applying for a certificate under Subchapter B, Chapter 21, and who
currently resides in another state to submit the person's
fingerprints and other required information in a manner that does
not impose an undue hardship on the person.
(f) The commissioner [board] may adopt [propose] rules to
implement this section, including rules establishing:
(1) deadlines for a person to submit fingerprints and
photographs in compliance with this section; and
(2) sanctions for a person's failure to comply with the
requirements of this section, including suspension or revocation of
a certificate or refusal to issue a certificate.
SECTION 68. Section 22.0832(a), Education Code, is amended
to read as follows:
(a) The agency shall review the national criminal history
record information of an employee of an open-enrollment charter
school to whom Section 12.1059 applies in the same manner as the
commissioner [State Board for Educator Certification] reviews
certified educators under Section 22.0831. If the agency
determines that, based on information contained in an employee's
criminal history record information, the employee would not be
eligible for educator certification under Subchapter B, Chapter 21,
the agency shall notify the open-enrollment charter school in
writing that the person may not be employed by the school or serve
in a capacity described by Section 12.1059.
SECTION 69. Section 22.0833(h), Education Code, is amended
to read as follows:
(h) The agency, [the State Board for Educator
Certification,] school districts, open-enrollment charter schools,
and shared services arrangements may coordinate as necessary to
ensure that criminal history reviews authorized or required under
this subchapter are not unnecessarily duplicated.
SECTION 70. Sections 22.085(d) and (e), Education Code, are
amended to read as follows:
(d) A school district, open-enrollment charter school,
private school, regional education service center, or shared
services arrangement may discharge an employee if the district or
school obtains information of the employee's conviction of a felony
or of a misdemeanor involving moral turpitude that the employee did
not disclose to the commissioner [State Board for Educator
Certification] or the district, school, service center, or shared
services arrangement. An employee discharged under this section is
considered to have been discharged for misconduct for purposes of
Section 207.044, Labor Code. For purposes of this subsection, a
disclosure to the State Board for Educator Certification before
September 1, 2015, is considered a disclosure to the commissioner.
(e) The commissioner [State Board for Educator
Certification] may impose a sanction on an educator who does not
discharge an employee or refuse to hire an applicant if the educator
knows or should have known, through a criminal history record
information review, that the employee or applicant has been
convicted of an offense described by Subsection (a).
SECTION 71. Sections 22.086 and 22.087, Education Code, are
amended to read as follows:
Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The
commissioner [State Board for Educator Certification], a school
district, an open-enrollment charter school, a private school, a
regional education service center, a shared services arrangement,
or an employee of the agency [board], district, school, service
center, or shared services arrangement is not civilly or criminally
liable for making a report required under this subchapter.
Sec. 22.087. NOTIFICATION TO COMMISSIONER [STATE BOARD FOR
EDUCATOR CERTIFICATION]. The superintendent of a school district
or the director of an open-enrollment charter school, private
school, regional education service center, or shared services
arrangement shall promptly notify the commissioner [State Board for
Educator Certification] in writing if the person obtains or has
knowledge of information showing that an applicant for or holder of
a certificate issued under Subchapter B, Chapter 21, has a reported
criminal history.
SECTION 72. Section 25.001(b), Education Code, is amended
to read as follows:
(b) The board of trustees of a school district or its
designee shall admit into the public schools of the district free of
tuition a person who is over five and younger than 21 years of age on
the first day of September of the school year in which admission is
sought, and may admit a person who is at least 21 years of age and
under 26 years of age for the purpose of completing the requirements
for a high school diploma, if:
(1) the person and either parent of the person reside
in the school district;
(2) the person does not reside in the school district
but a parent of the person resides in the school district and that
parent is a joint managing conservator or the sole managing
conservator or possessory conservator of the person;
(3) the person and the person's guardian or other
person having lawful control of the person under a court order
reside within the school district;
(4) the person has established a separate residence
under Subsection (d);
(5) the person is homeless, as defined by 42 U.S.C.
Section 11302, regardless of the residence of the person, of either
parent of the person, or of the person's guardian or other person
having lawful control of the person;
(6) the person is a foreign exchange student placed
with a host family that resides in the school district by a
nationally recognized foreign exchange program[, unless the school
district has applied for and been granted a waiver by the
commissioner under Subsection (e)];
(7) the person resides at a residential facility
located in the district;
(8) the person resides in the school district and is 18
years of age or older or the person's disabilities of minority have
been removed; or
(9) the person does not reside in the school district
but the grandparent of the person:
(A) resides in the school district; and
(B) provides a substantial amount of
after-school care for the person as determined by the board.
SECTION 73. Section 25.008(b), Education Code, is amended
to read as follows:
(b) Subsection (a) does not apply to enrollment in a program
under Section 29.088 or [,] 29.090[, or 29.098] or in a similar
intensive program.
SECTION 74. Section 29.007, Education Code, is amended to
read as follows:
Sec. 29.007. SHARED SERVICES ARRANGEMENTS. School
districts may enter into a written contract to jointly operate
their special education programs. [The contract must be approved
by the commissioner.] Funds to which the cooperating districts are
entitled may be allocated to the districts jointly as shared
services arrangement units or shared services arrangement funds in
accordance with the shared services arrangement districts'
agreement.
SECTION 75. Sections 29.061(a), (b), (c), and (e),
Education Code, are amended to read as follows:
(a) The commissioner [State Board for Educator
Certification] shall provide for the issuance of teaching
certificates appropriate for bilingual education instruction to
teachers who possess a speaking, reading, and writing ability in a
language other than English in which bilingual education programs
are offered and who meet the general requirements of Chapter 21.
The commissioner [board] shall also provide for the issuance of
teaching certificates appropriate for teaching English as a second
language. The commissioner [board] may issue emergency
endorsements in bilingual education and in teaching English as a
second language.
(b) A teacher assigned to a bilingual education program must
be appropriately certified for bilingual education by the
commissioner [board].
(c) A teacher assigned to an English as a second language or
other special language program must be appropriately certified for
English as a second language by the commissioner [board].
(e) The commissioner [State Board for Educator
Certification] and the Texas Higher Education Coordinating Board
shall develop a comprehensive plan for meeting the teacher supply
needs created by the programs outlined in this subchapter.
SECTION 76. Sections 33.002(b) and (c), Education Code, are
amended to read as follows:
(b) A school district with 500 or more students enrolled in
elementary school grades shall employ a school counselor certified
under Subchapter B, Chapter 21, [the rules of the State Board for
Educator Certification] for each elementary school in the
district. A school district shall employ at least one school
counselor for every 500 elementary school students in the district.
(c) A school district with fewer than 500 students enrolled
in elementary school grades shall provide guidance and counseling
services to elementary school students by:
(1) employing a part-time school counselor certified
under Subchapter B, Chapter 21 [the rules of the State Board for
Educator Certification];
(2) employing a part-time teacher certified as a
school counselor under Subchapter B, Chapter 21 [the rules of the
State Board for Educator Certification]; or
(3) entering into a shared services arrangement
agreement with one or more school districts to share a school
counselor certified under Subchapter B, Chapter 21 [the rules of
the State Board for Educator Certification].
SECTION 77. Section 33.007(c), Education Code, is amended
to read as follows:
(c) At the beginning of grades 10 and 11, a school counselor
certified under Subchapter B, Chapter 21, [the rules of the State
Board for Educator Certification] shall explain the requirements of
automatic admission to a general academic teaching institution
under Section 51.803 to each student enrolled in a high school or at
the high school level in an open-enrollment charter school who has a
grade point average in the top 25 percent of the student's high
school class.
SECTION 78. Section 33.081(d-1), Education Code, is amended
to read as follows:
(d-1) Subsections (c) and (d) do not apply to an advanced
placement or international baccalaureate course, or to an honors or
dual credit course in the subject areas of English language arts,
mathematics, science, social studies, economics, or a language
other than English. [The agency shall review on a biennial basis
courses described by this subsection to determine if other courses
should be excluded from the requirement that a student be suspended
from participation in an extracurricular activity under Subsection
(c). Not later than January 1 of each odd-numbered year, the agency
shall report the findings under this subsection to the
legislature.]
SECTION 79. Section 37.006(o), Education Code, is amended
to read as follows:
(o) In addition to any notice required under Article 15.27,
Code of Criminal Procedure, a principal or a principal's designee
shall inform each educator who has responsibility for, or is under
the direction and supervision of an educator who has responsibility
for, the instruction of a student who has engaged in any violation
listed in this section of the student's misconduct. Each educator
shall keep the information received under this subsection
confidential from any person not entitled to the information under
this subsection, except that the educator may share the information
with the student's parent or guardian as provided for by state or
federal law. The commissioner [State Board for Educator
Certification] may revoke or suspend the certification of an
educator who intentionally violates this subsection.
SECTION 80. Section 37.007(g), Education Code, is amended
to read as follows:
(g) In addition to any notice required under Article 15.27,
Code of Criminal Procedure, a school district shall inform each
educator who has responsibility for, or is under the direction and
supervision of an educator who has responsibility for, the
instruction of a student who has engaged in any violation listed in
this section of the student's misconduct. Each educator shall keep
the information received under this subsection confidential from
any person not entitled to the information under this subsection,
except that the educator may share the information with the
student's parent or guardian as provided for by state or federal
law. The commissioner [State Board for Educator Certification] may
revoke or suspend the certification of an educator who
intentionally violates this subsection.
SECTION 81. Sections 39.0302(a) and (d), Education Code,
are amended to read as follows:
(a) During an agency investigation or audit of a school
district under Section 39.0301(e) or (f), an accreditation
investigation under Section 39.057(a)(8) or (13), or an
investigation [by the State Board for Educator Certification] of an
educator for an alleged violation of an assessment instrument
security procedure established under Section 39.0301(a), the
commissioner may issue a subpoena to compel the attendance of a
relevant witness or the production, for inspection or copying, of
relevant evidence that is located in this state.
(d) All information and materials subpoenaed or compiled in
connection with an investigation or audit described by Subsection
(a):
(1) are confidential and not subject to disclosure
under Chapter 552, Government Code; and
(2) are not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for release to any
person other than:
(A) the commissioner [or the State Board for
Educator Certification, as applicable];
(B) agency employees or agents involved in the
investigation, as applicable; and
(C) the office of the attorney general, the state
auditor's office, and law enforcement agencies.
SECTION 82. Section 39.102(a), Education Code, is amended
to read as follows:
(a) If a school district does not satisfy the accreditation
criteria under Section 39.052, the academic performance standards
under Section 39.053 or 39.054, or any financial accountability
standard as determined by commissioner rule, the commissioner shall
take any of the following actions to the extent the commissioner
determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
insufficient performance, the improvements in performance expected
by the agency, and the interventions and sanctions that may be
imposed under this section if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each student achievement indicator
under Section 39.053(c) for which the district's performance is
insufficient, the submission of the plan to the commissioner for
approval, and implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange an on-site investigation of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of insufficient performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, fails to satisfy any
standard under Section 39.054(e), or fails to satisfy financial
accountability standards as determined by commissioner rule,
appoint a board of managers to exercise the powers and duties of the
board of trustees;
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has failed to
satisfy any standard under Section 39.054(e), or has failed to
satisfy financial accountability standards as determined by
commissioner rule, revoke the district's accreditation and:
(A) order closure of the district and annex the
district to one or more [adjoining] districts under Section 13.054;
or
(B) in the case of a home-rule school district or
open-enrollment charter school, order closure of all programs
operated under the district's or school's charter; or
(11) if a district has failed to satisfy any standard
under Section 39.054(e) due to the district's dropout rates, impose
sanctions designed to improve high school completion rates,
including:
(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling.
SECTION 83. Section 39.112, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) Subsection (e) does not apply if the district will be
closed and its territory annexed to one or more other school
districts in accordance with other law. In that circumstance, the
board of managers may, as determined by the commissioner, continue
to oversee the closure and annexation of the district until the
effective date of the district's annexation.
SECTION 84. The heading to Section 39.204, Education Code,
is amended to read as follows:
Sec. 39.204. CAMPUS DISTINCTION DESIGNATION CRITERIA[;
COMMITTEES].
SECTION 85. Section 39.233, Education Code, is amended to
read as follows:
Sec. 39.233. [RECOGNITION OF] HIGH SCHOOL COMPLETION AND
SUCCESS AND COLLEGE READINESS PROGRAMS; AGENCY GUIDANCE. [(a)]
The agency shall[:
[(1) develop standards for evaluating the success and
cost-effectiveness of high school completion and success and
college readiness programs implemented under Section 39.234;
[(2)] provide guidance for school districts and
campuses in establishing and improving high school completion and
success and college readiness programs implemented under Section
39.234[; and
[(3) develop standards for selecting and methods for
recognizing school districts and campuses that offer exceptional
high school completion and success and college readiness programs
under Section 39.234.
[(b) The commissioner may adopt rules for the
administration of this section].
SECTION 86. Section 39.235(a), Education Code, is amended
to read as follows:
(a) From funds appropriated for that purpose, the
commissioner may establish a grant program under which grants are
awarded to middle, junior high, and high school campuses and school
districts to support:
(1) the implementation of innovative improvement
programs that are based on the best available research regarding
middle, junior high, or high school reform, dropout prevention, and
preparing students for postsecondary coursework or employment; and
(2) enhancing education practices that have been
demonstrated by significant evidence of effectiveness[; and
[(3) the alignment of grants and programs to the
strategic plan adopted under Section 39.407].
SECTION 87. Sections 39.301(c) and (d), Education Code, are
amended to read as follows:
(c) Indicators for reporting purposes must include:
(1) the percentage of graduating students who meet the
course requirements established by State Board of Education rule
for:
(A) the foundation high school program;
(B) the distinguished level of achievement under
the foundation high school program; and
(C) each endorsement described by Section
28.025(c-1);
(2) the results of the SAT, ACT, articulated
postsecondary degree programs described by Section 61.852, and
certified workforce training programs described by Chapter 311,
Labor Code;
(3) for students who have failed to perform
satisfactorily, under each performance standard under Section
39.0241, on an assessment instrument required under Section
39.023(a) or (c), the performance of those students on subsequent
assessment instruments required under those sections, aggregated
by grade level and subject area;
(4) for each campus, the number of students,
disaggregated by major student subpopulations, that take courses
under the foundation high school program and take additional
courses to earn an endorsement under Section 28.025(c-1),
disaggregated by type of endorsement;
(5) the percentage of students, aggregated by grade
level, provided accelerated instruction under Section 28.0211(c),
the results of assessment instruments administered under that
section, the percentage of students promoted through the grade
placement committee process under Section 28.0211, the subject of
the assessment instrument on which each student failed to perform
satisfactorily under each performance standard under Section
39.0241, and the performance of those students in the school year
following that promotion on the assessment instruments required
under Section 39.023;
(6) [the percentage of students of limited English
proficiency exempted from the administration of an assessment
instrument under Sections 39.027(a)(1) and (2);
[(7)] the percentage of students in a special
education program under Subchapter A, Chapter 29, assessed through
assessment instruments developed or adopted under Section
39.023(b);
(7) [(8)] the percentage of students who satisfy the
college readiness measure;
(8) [(9)] the measure of progress toward dual language
proficiency under Section 39.034(b), for students of limited
English proficiency, as defined by Section 29.052;
(9) [(10)] the percentage of students who are not
educationally disadvantaged;
(10) [(11)] the percentage of students who enroll and
begin instruction at an institution of higher education in the
school year following high school graduation; and
(11) [(12)] the percentage of students who
successfully complete the first year of instruction at an
institution of higher education without needing a developmental
education course.
(d) Performance on the indicators described by Section
39.053(c) and Subsections (c)(3), (4), and (8) [(9)] must be based
on longitudinal student data that is disaggregated by the bilingual
education or special language program, if any, in which students of
limited English proficiency, as defined by Section 29.052, are or
former students of limited English proficiency were enrolled. If a
student described by this subsection is not or was not enrolled in
specialized language instruction, the number and percentage of
those students shall be provided.
SECTION 88. Section 39.409, Education Code, is transferred
to Subchapter Z, Chapter 29, Education Code, redesignated as
Section 29.921, Education Code, and amended to read as follows:
Sec. 29.921 [39.409]. PRIVATE FOUNDATION PARTNERSHIPS.
(a) The commissioner of education or the commissioner of higher
education, as appropriate, [and the council] may coordinate with
private foundations that have made a substantial investment in the
improvement of high schools in this state to maximize the impact of
public and private investments.
(b) A private foundation is not required to obtain the
approval of the appropriate commissioner [or the council] under
Subsection (a) before allocating resources to a school in this
state.
SECTION 89. Section 39.413, Education Code, is transferred
to Subchapter C, Chapter 61, Education Code, redesignated as
Section 61.0767, Education Code, and amended to read as follows:
Sec. 61.0767 [39.413]. FUNDING FOR CERTAIN PROGRAMS. (a)
From funds appropriated, the board [Texas Higher Education
Coordinating Board] shall allocate $8.75 million each year to
establish mathematics, science, and technology teacher preparation
academies under Section 61.0766[, provide funding to the
commissioner of education to implement and administer the program
under Section 29.098,] and award grants under Section
61.0762(a)(3).
(b) The board [Texas Higher Education Coordinating Board]
shall establish mathematics, science, and technology teacher
preparation academies under Section 61.0766[, provide funding to
the commissioner of education to implement and administer the
program under Section 29.098,] and award grants under Section
61.0762(a)(3) in a manner consistent with [the goals of this
subchapter and] the goals in "Closing the Gaps," the state's master
plan for higher education.
SECTION 90. Subchapter A, Chapter 42, Education Code, is
amended by adding Section 42.011 to read as follows:
Sec. 42.011. FUNDS AUDIT. (a) The agency shall develop and
implement by rule an auditing system for expenditures of funds
under the Foundation School Program by school districts and
open-enrollment charter schools. An auditing system developed
under this section must use a standard, risk-based approach.
(b) The agency shall provide guidance relating to an audit
developed under this section through any training or reference
material the agency provides to school districts or open-enrollment
charter schools.
SECTION 91. Sections 45.208(a) and (e), Education Code, are
amended to read as follows:
(a) The bank or banks selected as the depository or
depositories and the school district shall enter into a depository
contract or contracts, bond or bonds, or other necessary
instruments setting forth the duties and agreements pertaining to
the depository and including any other information specified by the
agency [, in a form and with the content prescribed by the State
Board of Education]. The parties shall attach to the depository
contract and incorporate by reference the bid or proposal of the
depository.
(e) A copy of a direct deposit form that identifies a
depository [the depository contract and bond] shall be filed with
the agency.
SECTION 92. Section 52.31, Education Code, is amended to
read as follows:
Sec. 52.31. PARTICIPATING INSTITUTIONS. In this
subchapter, "participating higher educational institution" means a
public or private nonprofit institution of higher education,
including a junior college, accredited by a recognized accrediting
agency as defined by Section 61.003, or a regional education
service center or other entity that offers an alternative educator
certification program approved by the commissioner of education
[State Board for Educator Certification], that:
(1) is located in this state; and
(2) complies with the provisions of this chapter and
the rules of the board promulgated in accordance with this chapter.
SECTION 93. Section 52.32(b), Education Code, is amended to
read as follows:
(b) If a loan applicant is enrolled at a career school or
college in a degree program that is approved by the board or at a
regional education service center or other entity in an alternative
educator certification program that is approved by the commissioner
of education [State Board for Educator Certification], the
applicant is not required to provide evidence that the applicant is
unable to obtain a guaranteed student loan from a commercial lender
under Subsection (a-1).
SECTION 94. Section 61.0514, Education Code, is amended to
read as follows:
Sec. 61.0514. INTEGRATED COURSEWORK. The board, with the
cooperation and advice of the commissioner of education [State
Board for Educator Certification], shall adopt educator
preparation coursework guidelines that promote, to the greatest
extent practicable, the integration of subject matter knowledge
with classroom teaching strategies and techniques in order to
maximize the effectiveness and efficiency of coursework required
for certification under Subchapter B, Chapter 21.
SECTION 95. Section 61.076(b), Education Code, is amended
to read as follows:
(b) The P-16 Council is composed of the commissioner of
education, the commissioner of higher education, the executive
director of the Texas Workforce Commission, [the executive director
of the State Board for Educator Certification,] and the
commissioner of assistive and rehabilitative services. The
commissioner of higher education and the commissioner of education
shall serve as co-chairs of the council.
SECTION 96. Section 61.0761(a), Education Code, is amended
to read as follows:
(a) The P-16 Council established under Section 61.076 shall
recommend to the commissioner of education and the board a college
readiness and success strategic action plan to increase student
success and decrease the number of students enrolling in
developmental course work in institutions of higher education. The
plan must include:
(1) definitions, as determined by the P-16 Council in
coordination with the State Board of Education, of the standards
and expectations for college readiness that address the knowledge
and skills expected of students to perform successfully in
entry-level courses offered at institutions of higher education;
(2) a description of the components of a P-16
individualized graduation plan sufficient to prepare students for
college success;
(3) the manner in which the Texas Education Agency
should provide model curricula for use as a reference tool by school
district employees;
(4) recommendations to the Texas Education Agency, the
State Board of Education, and the board regarding strategies for
decreasing the number of students enrolling in developmental course
work at institutions of higher education;
(5) recommendations [to the State Board for Educator
Certification] regarding changes to educator certification and
professional development requirements that contribute to the
ability of public school teachers to prepare students for higher
education; and
(6) any other elements that the commissioner of
education and the board suggest for inclusion in the plan.
SECTION 97. Section 61.0766(b), Education Code, is amended
to read as follows:
(b) Before an institution of higher education establishes
an academy under this section, the institution must apply through a
competitive process, as determined by the board, and meet any
requirements established by the board for designation as an academy
under this section and continued funding. The institution of
higher education must have a teacher preparation program approved
by the commissioner of education [State Board for Educator
Certification] or be affiliated with a program approved by the
commissioner [State Board for Educator Certification].
SECTION 98. Section 61.9832(a), Education Code, as added by
Chapter 1229 (S.B. 1720), Acts of the 83rd Legislature, Regular
Session, 2013, is amended to read as follows:
(a) To be eligible to receive loan repayment assistance
under this subchapter, a person must:
(1) apply annually for the loan repayment assistance
in the manner prescribed by the board;
(2) be a United States citizen;
(3) have completed an undergraduate or graduate
program in mathematics or science;
(4) have a cumulative grade point average of at least
3.5 on a four-point scale or the equivalent;
(5) be certified under Subchapter B, Chapter 21, to
teach mathematics or science in a public school in this state or be
enrolled in an educator preparation program to obtain that
certification that is accredited by the commissioner of education
[State Board for Educator Certification] and is provided by an
institution of higher education or by a private or independent
institution of higher education in this state;
(6) have been employed for at least one year as a
teacher teaching mathematics or science at a public school located
in a school district that receives funding under Title I,
Elementary and Secondary Education Act of 1965 (20 U.S.C. Section
6301 et seq.);
(7) not be in default on any other education loan;
(8) not receive any other state or federal loan
repayment assistance, including a Teacher Education Assistance for
College and Higher Education (TEACH) Grant or teacher loan
forgiveness;
(9) enter into an agreement with the board under
Subsection (c); and
(10) comply with any other requirement adopted by the
board under this subchapter.
SECTION 99. Section 61.9834, Education Code, as added by
Chapter 1229 (S.B. 1720), Acts of the 83rd Legislature, Regular
Session, 2013, is amended to read as follows:
Sec. 61.9834. EXCEPTION TO CONSECUTIVE YEARS OF EMPLOYMENT
REQUIREMENT. The board shall excuse an otherwise eligible person
from a requirement imposed by Section 61.9832 that the employment
qualifying the person for loan repayment assistance be performed in
consecutive years if the break in employment is a result of the
person's:
(1) full-time enrollment in a course of study related
to the field of teaching that is approved by the commissioner of
education [State Board for Educator Certification] and provided by
an institution of higher education or by a private or independent
institution of higher education in this state;
(2) service on active duty as a member of the armed
forces of the United States, including as a member of a reserve or
National Guard unit called for active duty;
(3) temporary total disability for a period of not
more than 36 months as established by the affidavit of a qualified
physician;
(4) inability to secure employment as required by
Section 61.9832 for a period not to exceed 12 months, because of
care required by a disabled spouse or child;
(5) inability, despite reasonable efforts, to secure,
for a single period not to exceed 12 months, employment as required
by Section 61.9832; or
(6) satisfaction of the provisions of any other
exception adopted by the board for purposes of this section.
SECTION 100. Section 1001.254(a), Education Code, is
amended to read as follows:
(a) A temporary driver education instructor license may be
issued authorizing a person to teach or provide classroom driver
education training if the person:
(1) has completed the educational requirements
prescribed by Section 1001.253(d)(1);
(2) holds a Texas teaching certificate with an
effective date before February 1, 1986;
(3) meets all license requirements, other than
successful completion of the examination required under rules
adopted by the commissioner of education [State Board for Educator
Certification] to revalidate the teaching certificate; and
(4) demonstrates, in a manner prescribed by the
commissioner, the intention to comply with the examination
requirement at the first available opportunity.
SECTION 101. Articles 15.27(a) and (l), Code of Criminal
Procedure, are amended to read as follows:
(a) A law enforcement agency that arrests any person or
refers a child to the office or official designated by the juvenile
board who the agency believes is enrolled as a student in a public
primary or secondary school, for an offense listed in Subsection
(h), shall attempt to ascertain whether the person is so enrolled.
If the law enforcement agency ascertains that the individual is
enrolled as a student in a public primary or secondary school, the
head of the agency or a person designated by the head of the agency
shall orally notify the superintendent or a person designated by
the superintendent in the school district in which the student is
enrolled of that arrest or referral within 24 hours after the arrest
or referral is made, or before the next school day, whichever is
earlier. If the law enforcement agency cannot ascertain whether
the individual is enrolled as a student, the head of the agency or a
person designated by the head of the agency shall orally notify the
superintendent or a person designated by the superintendent in the
school district in which the student is believed to be enrolled of
that arrest or detention within 24 hours after the arrest or
detention, or before the next school day, whichever is earlier. If
the individual is a student, the superintendent or the
superintendent's designee shall immediately notify all
instructional and support personnel who have responsibility for
supervision of the student. All personnel shall keep the
information received in this subsection confidential. The
commissioner of education [State Board for Educator Certification]
may revoke or suspend the certification of personnel who
intentionally violate this subsection. Within seven days after the
date the oral notice is given, the head of the law enforcement
agency or the person designated by the head of the agency shall mail
written notification, marked "PERSONAL and CONFIDENTIAL" on the
mailing envelope, to the superintendent or the person designated by
the superintendent. The written notification must include the
facts contained in the oral notification, the name of the person who
was orally notified, and the date and time of the oral notification.
Both the oral and written notice shall contain sufficient details
of the arrest or referral and the acts allegedly committed by the
student to enable the superintendent or the superintendent's
designee to determine whether there is a reasonable belief that the
student has engaged in conduct defined as a felony offense by the
Penal Code. The information contained in the notice shall be
considered by the superintendent or the superintendent's designee
in making such a determination.
(l) If a school district board of trustees learns of a
failure by the superintendent of the district or a district
principal to provide a notice required under Subsection (a), (a-1),
or (b), the board of trustees shall report the failure to the
commissioner of education [State Board for Educator
Certification]. If the governing body of a private primary or
secondary school learns of a failure by the principal of the school
to provide a notice required under Subsection (e), and the
principal holds a certificate issued under Subchapter B, Chapter
21, Education Code, the governing body shall report the failure to
the commissioner of education [State Board for Educator
Certification].
SECTION 102. Article 42.018(b), Code of Criminal Procedure,
is amended to read as follows:
(b) Not later than the fifth day after the date a person who
holds a certificate issued under Subchapter B, Chapter 21,
Education Code, is convicted or granted deferred adjudication on
the basis of an offense, the clerk of the court in which the
conviction or deferred adjudication is entered shall provide to the
commissioner of education [State Board for Educator Certification]
written notice of the person's conviction or deferred adjudication,
including the offense on which the conviction or deferred
adjudication was based.
SECTION 103. Sections 261.308(d) and (e), Family Code, are
amended to read as follows:
(d) The department shall release information regarding a
person alleged to have committed abuse or neglect to persons who
have control over the person's access to children, including, as
appropriate, the Texas Education Agency, [the State Board for
Educator Certification,] the local school board or the school's
governing body, the superintendent of the school district, or the
school principal or director if the department determines that:
(1) the person alleged to have committed abuse or
neglect poses a substantial and immediate risk of harm to one or
more children outside the family of a child who is the subject of
the investigation; and
(2) the release of the information is necessary to
assist in protecting one or more children from the person alleged to
have committed abuse or neglect.
(e) On request, the department shall release information
about a person alleged to have committed abuse or neglect to the
commissioner of education [State Board for Educator Certification]
if the commissioner [board] has a reasonable basis for believing
that the information is necessary to assist the commissioner
[board] in protecting children from the person alleged to have
committed abuse or neglect.
SECTION 104. Section 261.406(b), Family Code, is amended to
read as follows:
(b) The department shall send a copy of the completed report
of the department's investigation to the Texas Education Agency,
[the State Board for Educator Certification,] the local school
board or the school's governing body, the superintendent of the
school district, and the school principal or director, unless the
principal or director is alleged to have committed the abuse or
neglect, for appropriate action. On request, the department shall
provide a copy of the report of investigation to the parent,
managing conservator, or legal guardian of a child who is the
subject of the investigation and to the person alleged to have
committed the abuse or neglect. The report of investigation shall
be edited to protect the identity of the persons who made the report
of abuse or neglect. Other than the persons authorized by the
section to receive a copy of the report, Section 261.201(b) applies
to the release of the report relating to the investigation of abuse
or neglect under this section and to the identity of the person who
made the report of abuse or neglect.
SECTION 105. Section 411.081(i), Government Code, as
amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B.
869), Acts of the 83rd Legislature, Regular Session, 2013, is
reenacted and amended to read as follows:
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (d) to the following noncriminal justice agencies
or entities only:
(1) [the State Board for Educator Certification;
[(2)] a school district, charter school, private
school, regional education service center, commercial
transportation company, or education shared service arrangement;
(2) [(3)] the Texas Medical Board;
(3) [(4)] the Texas School for the Blind and Visually
Impaired;
(4) [(5)] the Board of Law Examiners;
(5) [(6)] the State Bar of Texas;
(6) [(7)] a district court regarding a petition for
name change under Subchapter B, Chapter 45, Family Code;
(7) [(8)] the Texas School for the Deaf;
(8) [(9)] the Department of Family and Protective
Services;
(9) [(10)] the Texas Juvenile Justice Department;
(10) [(11)] the Department of Assistive and
Rehabilitative Services;
(11) [(12)] the Department of State Health Services, a
local mental health service, a local mental retardation authority,
or a community center providing services to persons with mental
illness or retardation;
(12) [(13)] the Texas Private Security Board;
(13) [(14)] a municipal or volunteer fire department;
(14) [(15)] the Texas Board of Nursing;
(15) [(16)] a safe house providing shelter to children
in harmful situations;
(16) [(17)] a public or nonprofit hospital or hospital
district, or a facility as defined by Section 250.001, Health and
Safety Code;
(17) [(18)] the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, the
consumer credit commissioner, or the credit union commissioner;
(18) [(19)] the Texas State Board of Public
Accountancy;
(19) [(20)] the Texas Department of Licensing and
Regulation;
(20) [(21)] the Health and Human Services Commission;
(21) [(22)] the Department of Aging and Disability
Services;
(22) [(23)] the Texas Education Agency;
(23) [(24)] the Judicial Branch Certification
Commission;
(24) [(25)] a county clerk's office in relation to a
proceeding for the appointment of a guardian under Title 3, Estates
[Chapter XIII, Texas Probate] Code;
(25) [(26)] the Department of Information Resources
but only regarding an employee, applicant for employment,
contractor, subcontractor, intern, or volunteer who provides
network security services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the
Department of Information Resources;
(26) [(27)] the Texas Department of Insurance;
(27) [(28)] the Teacher Retirement System of Texas;
and
(28) [(30)] the Texas State Board of Pharmacy.
SECTION 106. Section 411.0901, Government Code, is amended
to read as follows:
Sec. 411.0901. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS EDUCATION AGENCY. (a) The Texas Education
Agency is entitled to obtain criminal history record information
maintained by the department about a person who:
(1) has applied to the commissioner of education for a
certificate under Subchapter B, Chapter 21, Education Code;
(2) is employed or is an applicant for employment by a
school district or open-enrollment charter school;
(3) [(2)] is employed or is an applicant for
employment by a shared services arrangement, if the employee's or
applicant's duties are or will be performed on school property or at
another location where students are regularly present; or
(4) [(3)] is employed or is an applicant for
employment by an entity that contracts with a school district,
open-enrollment charter school, or shared services arrangement if:
(A) the employee or applicant has or will have
continuing duties relating to the contracted services; and
(B) the employee or applicant has or will have
direct contact with students.
(b) Criminal history record information obtained by the
agency in the original form or any subsequent form:
(1) may be used only for a purpose authorized by the
Education Code;
(2) may not be released to any person except:
(A) the person who is the subject of the
information;
(B) [the State Board for Educator Certification;
[(C)] a local or regional educational entity as
provided by Section 411.097; or
(C) [(D)] by court order;
(3) is not subject to disclosure as provided by
Chapter 552; and
(4) shall be destroyed by the agency after the
information is used for the authorized purposes.
(d) The department shall notify the agency of the arrest of
any educator, as defined by Section 5.001, Education Code, who has
fingerprints on file with the department. Any record of the
notification and any information contained in the notification are
not subject to disclosure as provided by Chapter 552.
SECTION 107. Section 411.097(d), Government Code, is
amended to read as follows:
(d) Criminal history record information obtained by a
school district, charter school, private school, service center,
commercial transportation company, or shared services arrangement
in the original form or any subsequent form:
(1) may not be released to any person except:
(A) the individual who is the subject of the
information;
(B) the Texas Education Agency;
(C) [the State Board for Educator Certification;
[(D)] the chief personnel officer of the
transportation company, if the information is obtained under
Subsection (a)(2); or
(D) [(E)] by court order;
(2) is not subject to disclosure as provided by
Chapter 552; and
(3) shall be destroyed by the school district, charter
school, private school, service center, commercial transportation
company, or shared services arrangement on the earlier of:
(A) the first anniversary of the date the
information was originally obtained; or
(B) the date the information is used for the
authorized purpose.
SECTION 108. Section 654.011(a), Government Code, is
amended to read as follows:
(a) The position classification plan and the salary rates
and provisions in the General Appropriations Act apply to all
hourly, part-time, temporary, and regular, full-time salaried
employments in the state departments, agencies, or judicial
entities specified in the articles of the General Appropriations
Act that appropriate money to:
(1) general government agencies;
(2) health and human services agencies;
(3) the judiciary, except for judges, district
attorneys, and assistant district attorneys;
(4) public safety and criminal justice agencies;
(5) natural resources agencies;
(6) business and economic development agencies;
(7) regulatory agencies; and
(8) agencies of public education, but only the Texas
Education Agency, the Texas School for the Blind and Visually
Impaired, [the State Board for Educator Certification,] and the
Texas School for the Deaf.
SECTION 109. Section 821.001(7), Government Code, is
amended to read as follows:
(7) "Employer" means any agents or agencies in the
state responsible for public education, including the governing
board of any school district created under the laws of this state,
any county school board, the board of trustees, the board of regents
of any college or university, or any other legally constituted
board or agency of any public school, but excluding the State Board
of Education and[,] the Texas Education Agency[, and the State
Board for Educator Certification].
SECTION 110. Section 821.103, Government Code, is amended
to read as follows:
Sec. 821.103. CANCELLATION OF TEACHER CERTIFICATE. (a)
After receiving notice from the board of trustees of an offense
under Section 821.101 and after complying with Chapter 2001 and
rules adopted by the commissioner of education [State Board for
Educator Certification], the commissioner [State Board for
Educator Certification] may cancel the teacher certificate of a
person if the commissioner [State Board for Educator Certification]
determines that the person committed the offense.
(b) The commissioner of education [executive director of
the State Board for Educator Certification] may enter into an
agreed sanction.
(c) A criminal prosecution of an offender under Section
821.101 is not a prerequisite to action by the Texas Education
Agency [State Board for Educator Certification] or the commissioner
of education [its executive director].
SECTION 111. Section 2054.352(a), Government Code, is
amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Judicial Branch Certification Commission;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Land Surveying;
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) Texas State Board of Podiatric Medical Examiners;
(14) Texas State Board of Examiners of Psychologists;
(15) State Board of Veterinary Medical Examiners;
(16) Texas Real Estate Commission;
(17) Texas Appraiser Licensing and Certification
Board;
(18) Texas Department of Licensing and Regulation;
(19) Texas State Board of Public Accountancy;
(20) commissioner of education, for certificates
issued under Subchapter B, Chapter 21, Education Code [State Board
for Educator Certification];
(21) Texas Board of Professional Engineers;
(22) Department of State Health Services;
(23) Texas Board of Architectural Examiners;
(24) Texas Racing Commission;
(25) Texas Commission on Law Enforcement; and
(26) Texas Private Security Board.
SECTION 112. Section 48.102(a), Human Resources Code, is
amended to read as follows:
(a) The department shall send a written report of the
department's investigation of alleged abuse, neglect, or
exploitation of a disabled adult at a school, as appropriate, to the
Texas Education Agency, [the agency responsible for teacher
certification,] the local school board or the school's governing
body, and the school principal or director, unless the principal or
director is alleged to have committed the abuse, neglect, or
exploitation. The entity to which the report is sent shall take
appropriate action.
SECTION 113. Section 53.021(e), Occupations Code, is
amended to read as follows:
(e) Subsection (c) does not apply if the person is an
applicant for or the holder of a license that authorizes the person
to provide:
(1) law enforcement or public health, education, or
safety services; or
(2) financial services in an industry regulated by a
person listed in Section 411.081(i)(17) [411.081(i)(19)],
Government Code.
SECTION 114. Section 504.002(b), Occupations Code, is
amended to read as follows:
(b) This chapter does not apply to an activity or service of
a person who:
(1) is employed as a counselor by a federal
institution and is providing chemical dependency counseling within
the scope of the person's employment;
(2) except as provided by Section 504.1515, is a
student, intern, or trainee pursuing a supervised course of study
in counseling at a regionally accredited institution of higher
education or training institution, if the person:
(A) is designated as a "counselor intern"; and
(B) is engaging in the activity or providing the
service as part of the course of study;
(3) is not a resident of this state, if the person:
(A) engages in the activity or provides the
service in this state for not more than 30 days during any year; and
(B) is authorized to engage in the activity or
provide the service under the law of the state of the person's
residence;
(4) is a licensed physician, psychologist,
professional counselor, or social worker;
(5) is a religious leader of a congregation providing
pastoral chemical dependency counseling within the scope of the
person's duties;
(6) is working for or providing counseling with a
program exempt under Subchapter C, Chapter 464, Health and Safety
Code;
(7) is a school counselor certified by the
commissioner of education [State Board for Educator
Certification]; or
(8) provides chemical dependency counseling through a
program or in a facility that receives funding from the Texas
Department of Criminal Justice and who is credentialed as:
(A) a certified criminal justice addictions
professional by the International Certification and Reciprocity
Consortium; or
(B) having certified criminal justice
professional applicant status issued by the Texas Certification
Board of Addiction Professionals.
SECTION 115. (a) The following provisions of the Education
Code are repealed:
(1) Section 7.009;
(2) Sections 7.021(b) and (c);
(3) Sections 7.055(b)(1), (2), (3), (4), (5), (6),
(7), (10), (11), (12), (13), (14), (15), (16), (17), (18), (19),
(20), (21), (22), (23), (24), (25), (26), (27), (28), (29), (30),
(31), (32), (34), (35), (36), (37), (38), (39), and (41);
(4) Section 7.055(c);
(5) Section 11.201(c);
(6) Section 11.254;
(7) Section 13.052;
(8) Section 21.007(a);
(9) Sections 21.032, 21.033, 21.034, 21.035, 21.036,
21.037, and 21.038;
(10) Section 21.041(a);
(11) Sections 21.042 and 21.043;
(12) Sections 21.254(c) and (d);
(13) Section 21.4541;
(14) Section 22.0831(a);
(15) Section 22.08391(b);
(16) Section 25.001(e);
(17) Sections 29.095, 29.096, 29.097, 29.098, and
29.099;
(18) Section 29.917;
(19) Section 34.015;
(20) Section 39.037(g);
(21) Sections 39.204(b), (c), (d), and (e);
(22) the heading to Subchapter M, Chapter 39;
(23) Sections 39.401, 39.402, 39.403, 39.404, 39.405,
39.406, 39.407, 39.408, 39.410, 39.411, 39.412, 39.414, 39.415, and
39.416; and
(24) Sections 42.152(q), (q-1), (q-2), (q-3), (q-4),
and (r).
(b) Section 411.090, Government Code, is repealed.
SECTION 116. (a) The State Board for Educator
Certification is abolished September 1, 2015. On that date, all
powers, duties, obligations, rights, contracts, leases, records,
personnel, property, and unspent and unobligated appropriations
and other funds of the State Board for Educator Certification are
transferred to the Texas Education Agency. Before that date, the
Texas Education Agency, with the agreement of the State Board for
Educator Certification, may transfer any records, personnel, or
property of the State Board for Educator Certification to the Texas
Education Agency in preparation for the transfer provided for in
this Act.
(b) The abolishment of the State Board for Educator
Certification does not affect the validity of a right, privilege,
or obligation accrued, a contract or acquisition made, any
liability incurred, a certificate issued, a penalty, forfeiture, or
punishment assessed, a rule adopted, a proceeding, investigation,
or remedy begun, a decision made, or other action taken by or in
connection with the State Board for Educator Certification. A
certificate issued by the State Board for Educator Certification
under Subchapter B, Chapter 21, Education Code, before September 1,
2015, is considered a certificate issued by the Texas Education
Agency.
(c) All rules, policies, procedures, and decisions of the
State Board for Educator Certification are continued in effect as
rules, policies, procedures, and decisions of the commissioner of
education and the Texas Education Agency until superseded by a rule
or other appropriate action of the Texas Education Agency.
(d) After the effective date of this Act, the commissioner
of education may adopt a rule proposed by the State Board for
Educator Certification before the effective date of this Act.
(e) Any action or proceeding before the State Board for
Educator Certification is transferred without change in status to
the commissioner of education and the Texas Education Agency, and
the commissioner and the agency assume, without a change in status,
the position of the State Board for Educator Certification in any
action or proceeding to which the State Board for Educator
Certification is a party.
SECTION 117. To the extent of any conflict, this Act
prevails over another Act of the 84th Legislature, Regular Session,
2015, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 118. This Act takes effect September 1, 2015.