HBA-MPM H.B. 1180 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1180
By: Rangel
Public Education
3/11/1999
Introduced



BACKGROUND AND PURPOSE 

The State Board for Educator Certification (board), created in 1995 and
consisting of 15 members, oversees teacher certification, ensures
compliance with continuing education requirements, and establishes the
standards of conduct for public school educators.  When the board was
created, the Accountability System for Educator Preparation (ASEP) was also
established and was recently implemented on September 1, 1998.  ASEP was
designed to issue accreditation ratings for all educator preparation
programs under Section 21.045, Texas Education Code.  The first
accreditation reports are based on the performance of students in educator
preparation programs taking certification examinations between September 1,
1996 and August 31, 1998.  In order to receive an "accredited" status,
programs must meet certain minimum standards with respect to student
performance.  Current law requires that all demographic groups meet passing
rates, or the programs accreditation falls under review.  As of September
1, 1998, 35 out of 85 programs were under review, a status which remains in
effect until August 31, 1999.  If a program is still under review after
three years, the board will revoke the program's authority to provide
certification. 

As a result of this accountability system, many programs in this state
consider admitting only highachieving students as a measure to avoid
jeopardizing their accreditation status.  As the state continues to face
severe teacher shortages, coupled with rapidly changing demographics,
limiting access to the teaching profession may impact the future economic
growth of Texas. 

H.B. 1180 increases the number of board members from four to seven through
a statewide election by all certified teachers, as well as allowing
teachers to vote on any new rules and fees proposed by the board.  This
bill also requires the Texas Higher Education Coordinating Board to adopt
rules establishing standards to govern the approval and continuing
accountability of all programs based on information that excludes sex and
ethnicity. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the State Board for Educator
Certification in SECTION 1 (Section 21.033) and SECTION 3 (Section 21.0411)
of this bill and to the Texas Higher Education Coordinating Board in
SECTION 4 (Section 61.085) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 21.033, Education Code, by amending Subsection
(a) and adding Subsections (d) and (e), as follows: 

(a)  Provides that 12 of 15 members of the State Board for Educator
Certification (board) are selected, rather than appointed by the governor
with the advice and consent of the senate: 

(1)  Provides that seven, rather than four, members must be teachers
employed in public schools who are elected by certified teachers in a
statewide referendum conducted by the board.   

(2) Provides that one member, rather than two members, must be a public
school administrator who is appointed by the governor with the advice and
consent of the  senate.   

(3)  Provides that one member must be a public school counselor who is
appointed by the governor with the advice and consent of the senate.   

(4)  Provides that three members, rather than five, must be citizens who
are appointed by the governor with the advice and consent of the senate.
Specifies that at least two, rather than three, of these citizens must be
parents of children enrolled in public school, rather than citizens who are
not and have not, in the five years preceding appointment, been employed by
a public school district or by an educator preparation program in an
institution of higher education.  Deletes existing text that qualifies two
of the citizens as those who are not and have not been employed by a public
school district or by an educator preparation program in an institution of
higher education. 

(d)  Prohibits a referendum under this section from being scheduled in
June, July, or August. 

(e)  Requires the board to propose rules for conducting a referendum under
Subsection (a)(1). 

SECTION 2.  Amends Section 21.034, Education Code, to make conforming
changes. 

SECTION 3. Amends Subchapter B, Chapter 21, Education Code, by adding
Section 21.0411, as follows: 

Sec. 21.0411.  REFERENDUM ON EDUCATOR RULES.  (a)  Requires the board to
present a proposal to certified educators in a statewide referendum on
submission of a petition that proposes adoption or amendment of a rule
described by Section 21.041(b) or (c) (Rules; Fees) relating to educator
certification or to a fee and that is signed by at least 10 percent of the
certified educators employed in this state. 

(b)  Provides that the board, prior to submission to the State Board of
Education under Section 21.042 (Approval of Rules), must present to
certified educators in a statewide referendum a rule or amendment to a rule
the board proposes that deals with issues regarding educator certificate
renewal, disciplinary matters, an educator code of ethics, continuing
education requirements, or a fee to be imposed on certified educators. 

(c)  Requires the board to mail a copy of each proposed rule or amendment
described by Subsections (a) or (b) in ballot form to each certified
educator employed in this state. Requires the board to include on the
ballot a notice of the date the ballot must be returned to the board.
Requires the board, when addressing ballots, to use the most current
mailing list of educators available to a state agency.  Authorizes a
certified educator who does not receive a ballot by mail in a timely manner
to notify the board.  Requires the board to provide a ballot to the
educator as soon as practicable before the ballots are due.  Requires the
board to discontinue accepting ballots on the 30th day after the date the
ballots are mailed and, as soon as practicable, to count the ballots
returned by the due date.  Requires the board to ensure that the counting
of votes is open to inspection by the representative of any organization
representing educators in this state. 

(d)  Stipulates that the proposed rule or amendment described by Subsection
(a) or (b) is approved by the educators if a majority of those voting in
the referendum vote in favor of the proposed rule or amendment and at least
25 percent of the certified educators employed in this state vote in the
referendum. 

(e)  Requires the board to provide for submitting for review under Section
21.042 a copy of each rule or amendment approved at the first board meeting
after the ballots are counted.  Prohibits the board from submitting for
review a rule or amendment described by Subsection (b)  that has not been
approved. 

(f)  Prohibits a referendum from being scheduled more than twice each year
or in June, July, or August. 
 
(g)  Authorizes the board to propose rules as necessary to implement this
section. 

SECTION 4.  Amends Section 21.045, Education Code, by transferring it to
Subchapter C, Chapter 61, Education Code, redesignating this section as
Section 61.085, Education Code, adding Subsections (e) and (f), and
amending it as follows: 

New section number:  Sec. 61.085.  (a)  ACCOUNTABILITY SYSTEM FOR EDUCATOR
PREPARATION PROGRAMS.  Requires the Texas Higher Education Coordinating
Board (coordinating board) to adopt, rather than propose, rules
establishing standards to govern the approval and continuing accountability
of all educator preparation programs based on information that includes
results of the educator certification examinations prescribed under Section
21.048(a) and performance based on the appraisal system for beginning
teachers adopted by the State Board for Educator Certification, rather than
the coordinating board. Deletes text referring to information being
disaggregated with respect to sex and ethnicity. 

(b)  Makes no changes.

(c)  Requires the coordinating board to adopt, rather than propose, rules
establishing performance standards for the Accountability System for
Educator Preparation for accrediting educator preparation programs.
Requires the coordinating board to adopt, rather than propose, rules for
the sanction of educator preparation programs and to annually review the
accreditation status of each program. 

(d)  Requires the commissioner of higher education (commissioner), rather
than the executive director of the coordinating board, to appoint an
oversight team of educators to make recommendations and provide assistance
to educator preparation programs that do not meet accreditation standards.
Makes a conforming change. 

(e)  Requires the State Board for Educator Certification to provide the
coordinating board with data necessary to carry out its duties under this
section. 

(f)  Provides that "educator" has the meaning assigned by Section 5.001 for
the purposes of this section.  Section 5.001 defines "educator" as a person
who is required to hold a certificate issued under Subchapter B
(Certification of Educators), Chapter 21. 

SECTION 5.  Amends Sections 21.048(a) and (b), Education Code, as follows:

(a)  Authorizes the board to approve alternative examinations proposed and
administered by an educator preparation program. 

(c)  Prohibits an educator preparation program or the board from
administering a written examination to determine the competence or level of
performance of an educator who has a hearing impairment except under
certain conditions. 

SECTION 6.  (a)  Requires all positions on the State Board for Educator
Certification to be filled on February 1, 2001, notwithstanding Section
21.034, Education Code.  Requires that members of the board selected to
serve beginning on this date be selected in accordance with Section
21.033(a). Requires that those members draw lots for terms in accordance
with Section 21.034 in a manner that provides that the terms of the same
number of voting members expire each time and that: 

(1)  the terms of three teacher members expire at one time;

(2)  the terms of two teacher members expire at other times; and

(3)  the term of not more than one citizen member expires at one time.

(b)  Provides that if a vacancy occurs in the membership of the board
before the date members of the board are selected to begin serving February
1, 2001, the vacancy shall be  filled in a manner that complies with
Section 21.033(a), Education Code. 

SECTION 7.  Makes application of proposed Section 21.0411, Education Code
of this Act prospective. 

SECTION 8.  (a)  Transfers the powers and duties of the State Board for
Educator Certification relating to the accountability system for educator
preparation programs to the Texas Higher Education Coordinating Board. 

(b)  Provides that the Texas Higher Education Coordinating Board assumes
the position of the State Board for Educator Certification as to the
obligations and agreements of the State Board for Educator Certification
relating to the accountability system for educator preparation programs. 

(c)  Provides that the records, other property, and unobligated and
unexpended appropriations of the State Board for Educator Certification
that specifically relate to the accountability system for educator
preparation programs become the records, property, and appropriations of
the Texas Higher Education Coordinating Board. 

(d)  Provides that a rule of the State Board for Educator Certification
relating to the accountability system for educator preparation programs
that is in effect before September 1, 1999, becomes a rule of the Texas
Higher Education Coordinating Board and remains in effect until amended or
repealed by the coordinating board. 

SECTION 9.  Effective date: September 1, 1999.

SECTION 10. Emergency clause.