HBA-MPM C.S.H.B. 3167 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3167 By: Lewis, Ron Public Education 4/29/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The State Board for Educator Certification (SBEC) was created in 1995 to raise the status of the education profession by allowing it to regulate itself in a manner similar to other professions. SBEC currently licenses public school professionals such as superintendents, principals, classroom teachers, librarians, and counselors. Since SBEC's inception, there have been few modifications to statutes governing its powers and duties. In order for SBEC to adopt rules, SBEC must first submit proposals to the State Board of Education (SBOE) for approval. SBEC is also required to license only one category of nonprofessional personnel, educational aides. Some argue that the manner in which educational aides are best used is a matter of local control. Finally, SBEC is required to hire an executive director, but unlike other professional boards, there is no specified expertise that SBEC's executive director must have in order to carry out the duties of the office. C.S.H.B. 3167 grants SBEC the authority to adopt rather than propose rules with respect to licensing and certification issues, removes educational aides from SBEC certification requirements, specifies the qualifications of SBEC's executive director, and establishes a hearing process for complaints regarding a violation of the educator's code of ethics. 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 3 (Section 21.031, Education Code), SECTION 5 (Section 21.041, Education Code), SECTION 6 (Section 21.044, Education Code), SECTION 7 (Section 21.045, Education Code), SECTION 9 (Section 21.048, Education Code), SECTION 10 (Section 21.049, Education Code), SECTION 11 (Section 21.050, Education Code), SECTION 12 (Section 21.051, Education Code), and SECTION 13 (Section 21.054, Education Code) of this bill. ANALYSIS C.S.H.B. 3167 amends the Education Code to repeal the provision that the State Board for Educator Certification (SBEC) must submit a written copy of each proposed rule to the State Board of Education (SBOE) for review and that SBOE may reject a proposed rule and to grant SBEC the authority to adopt rather than propose rules. The bill includes powers and duties not specifically delegated by statute to SBEC among those that are reserved for the board of trustees of a school district (Sec. 11.151). The bill removes an educational aide from the individuals who are required to hold a state certification issued by SBEC (Secs. 21.003 and 52.214). The bill requires SBEC to employ an executive director with substantial experience in public school classroom teaching and administration. Subject to legislative approval through the appropriations process, SBEC is required to set the executive director's salary at a level adequate to enable SBEC to attract and employ a person with the required experience (Sec. 21.039). C.S.H.B. 3167 provides that a person must file a complaint regarding a violation of the educator's code of ethics no later than the 20th day after the date of the incident on which the complaint was based. A person must file the complaint not later than the 60th day after the date the complaint is filed with the board of trustees (board) of the school district that employs the educator at the time the complaint is filed or the district that most recently employed the educator. The bill requires the board to hold a hearing on the complaint no later than the 60th day after the date the complaint is filed and determine whether the violation occurred and if it did occur, to recommend an appropriate sanction to SBEC. The bill authorizes the board to delegate any power or duty regarding the hearing process to an impartial person (Sec. 21.058). Within a specified time period, the board is required to forward a complaint and a copy of related records to SBEC if the board recommends a sanction to SBEC or if a party to the complaint requests within 20 days that the complaint and record be forwarded. No later than the 90th day after receipt of this documentation, SBEC is required to issue a decision based on a substantial evidence standard of review. If SBEC fails to act within that time period, the determination made at the district level is considered affirmed. The bill specifies that SBEC has sole authority to determine the appropriate sanction, if any, in regard to the certificate issued to an educator who is determined to have violated the educator's code of ethics (Sec. 21.059). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B 3167 differs from the original bill by establishing provisions regarding complaints alleging violation of the educator's code of ethics. The substitute removes the provision prohibiting the State Board of Educator Certification (SBEC) from adopting rules that have the effect of interfering with the operation of school districts. The substitute removes the provision that a rule proposed by SBEC has not taken effect or been rejected by the State Board of Education before the effective date of the bill takes effect regardless of the date on which SBEC proposed the rule. The substitute provides that the qualification requirements for the executive director apply only to a person who is initially employed in that capacity after the effective date of the bill.