|   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
        
          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. |