CHAPTER 21. EDUCATORS
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND
VOLUNTEERS
CHAPTER 21. EDUCATORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 21.001. DEFINITION. In this chapter, "commissioner"
includes a person designated by the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.002. TEACHER EMPLOYMENT CONTRACTS. (a) A school
district shall employ each classroom teacher, principal,
librarian, nurse, or counselor under:
(1) a probationary contract, as provided by Subchapter C;
(2) a continuing contract, as provided by Subchapter D; or
(3) a term contract, as provided by Subchapter E.
(b) A district is not required to employ a person other than an
employee listed in Subsection (a) under a probationary,
continuing, or term contract.
(c) Each board of trustees shall establish a policy designating
specific positions of employment, or categories of positions
based on considerations such as length of service, to which
continuing contracts or term contracts apply.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.003. CERTIFICATION REQUIRED. (a) A person may not be
employed as a teacher, teacher intern or teacher trainee,
librarian, educational aide, administrator, educational
diagnostician, or counselor by a school district unless the
person holds an appropriate certificate or permit issued as
provided by Subchapter B.
(b) A person may not be employed by a school district as an
audiologist, occupational therapist, physical therapist,
physician, nurse, school psychologist, associate school
psychologist, social worker, or speech language pathologist
unless the person is licensed by the state agency that licenses
that profession. A person may perform specific services within
those professions for a school district only if the person holds
the appropriate credential from the appropriate state agency.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
82, Sec. 1, eff. September 1, 2007.
Sec. 21.0031. FAILURE TO OBTAIN CERTIFICATION; CONTRACT VOID.
(a) An employee's probationary, continuing, or term contract
under this chapter is void if the employee:
(1) does not hold a certificate or permit issued by the State
Board for Educator Certification; or
(2) fails to fulfill the requirements necessary to extend the
employee's temporary or emergency certificate or permit.
(b) After an employee receives notice that the employee's
contract is void under Subsection (a):
(1) a school district may:
(A) terminate the employee;
(B) suspend the employee with or without pay; or
(C) retain the employee for the remainder of the school year on
an at-will employment basis in a position other than classroom
teacher at the employee's existing rate of pay or at a reduced
rate; and
(2) the employee is not entitled to the minimum salary
prescribed by Section 21.402.
(c) A school district's decision under Subsection (b) is not
subject to appeal under this chapter, and the notice and hearing
requirements of this chapter do not apply to the decision.
(d) This section does not affect the rights and remedies of a
party in an at-will employment relationship.
(e) This section does not apply to a certified teacher assigned
to teach a subject for which the teacher is not certified.
Added by Acts 2003, 78th Leg., ch. 181, Sec. 1, eff. Sept. 1,
2003.
Sec. 21.004. TEACHER RECRUITMENT PROGRAM. (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.
(f) Funds received for teacher recruitment programs may be used
only to publicize and implement the programs.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1999, 76th Leg., ch. 1590, Sec. 7, eff.
June 19, 1999.
Sec. 21.005. HIGH-QUALITY TEACHERS. The commissioner may by
rule establish a statewide standard to be used to certify each
school district that is preparing, training, and recruiting
high-quality teachers in a manner consistent with the No Child
Left Behind Act of 2001 (Pub. L. No. 107-110).
Added by Acts 2003, 78th Leg., ch. 1212, Sec. 5, eff. June 20,
2003.
Sec. 21.006. REQUIREMENT TO REPORT MISCONDUCT. (a) In this
section, "abuse" has the meaning assigned by Section 261.001,
Family Code, and includes any sexual conduct involving an
educator and a student or minor.
(b) In addition to the reporting requirement under Section
261.101, Family Code, the superintendent or director of a school
district, regional education service center, or shared services
arrangement shall notify the 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, service center, or shared services arrangement has a
criminal record;
(2) an educator's employment at the district, 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;
(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, 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.
(c) The superintendent or director must notify the State Board
for Educator Certification by filing a report with the board not
later than the seventh day after the date the superintendent or
director first learns about an alleged incident of misconduct
described by Subsection (b). The report must be:
(1) in writing; and
(2) in a form prescribed by the board.
(d) The superintendent or director shall notify the board of
trustees or governing body of the school district, 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 State
Board for Educator Certification under this section is immune
from civil or criminal liability that might otherwise be incurred
or imposed.
(f) The 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 State Board for Educator Certification shall propose
rules as necessary to implement this section.
(h) The name of a student or minor who is the victim of abuse or
unlawful conduct by an educator must be included in a report
filed under this section, but the name of the student or minor is
not public information under Chapter 552, Government Code.
Added by Acts 2003, 78th Leg., ch. 374, Sec. 2, eff. June 18,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
511, Sec. 1, eff. June 16, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1312, Sec. 2, eff. September 1, 2007.
Sec. 21.007. NOTICE ON CERTIFICATION RECORD OF ALLEGED
MISCONDUCT. (a) In this section, "board" means the State Board
for Educator Certification.
(b) The board shall adopt a procedure for placing a notice of
alleged misconduct on an educator's public certification records.
The procedure adopted by the 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 board.
(c) The 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 board must provide an opportunity for an educator to
show cause why the notice should not be placed on the educator's
public certification records. The board shall propose rules
establishing the length of time that a notice may remain on the
educator's public certification records before the board must:
(1) initiate a proceeding to impose a sanction on the educator
on the basis of the alleged misconduct; or
(2) remove the notice from the educator's public certification
records.
(e) If it is determined that the educator has not engaged in the
alleged incident of misconduct, the board shall immediately
remove the notice from the educator's public certification
records.
(f) The board shall propose rules necessary to administer this
section.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 3, eff. June 15, 2007.
SUBCHAPTER B. CERTIFICATION OF EDUCATORS
Sec. 21.031. 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 board shall regulate and
oversee all aspects of the certification, continuing education,
and standards of conduct of public school educators.
(b) In proposing rules under this subchapter, the board shall
ensure that all candidates for certification or renewal of
certification demonstrate the knowledge and skills necessary to
improve the performance of the diverse student population of this
state.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.032. DEFINITION. In this subchapter, "board" means the
State Board for Educator Certification.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.033. STATE BOARD FOR EDUCATOR CERTIFICATION. (a) The
State Board for Educator Certification is composed of 14 members.
The commissioner of education shall appoint an employee of the
agency to represent the commissioner as a nonvoting member. The
commissioner of higher education shall appoint an employee of the
Texas Higher Education Coordinating Board to represent the
commissioner as a nonvoting member. The governor shall appoint a
dean of a college of education in this state as a nonvoting
member. The remaining 11 members are appointed by the governor
with the advice and consent of the senate, as follows:
(1) four members must be teachers employed in public schools;
(2) two members must be public school administrators;
(3) one member must be a public school counselor; and
(4) four members must be citizens, three of whom 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 and one of whom is not and
has not been employed by a public school district or by an
educator preparation program in an institution of higher
education.
(b) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the person appointed.
(c) A board member is immune from civil suit for any act
performed in good faith in the execution of duties as a board
member.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1174, Sec. 1, eff.
June 20, 1997; Acts 2003, 78th Leg., ch. 1170, Sec. 12.01, eff.
Sept. 1, 2003.
Sec. 21.034. TERMS; VACANCY. (a) The board members appointed
by the governor hold office for staggered terms of six years with
the terms of one-third of the members expiring on February 1 of
each odd-numbered year. A member appointed by the commissioner of
education or the commissioner of higher education serves at the
will of the appointing commissioner.
(b) In the event of a vacancy during a term of a member
appointed by the governor, the governor shall appoint a
replacement who meets the qualifications of the vacated office to
fill the unexpired portion of the term.
(c) A vacancy arises if a member appointed by the governor no
longer qualifies for the office to which the member was
appointed.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.035. ADMINISTRATION BY AGENCY. The Texas Education
Agency shall provide the board's administrative functions and
services.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 1.01, eff.
Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1227, Sec. 1.04, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 4.002, eff. September 1, 2007.
Sec. 21.036. OFFICERS. The board shall elect one of its members
to serve as presiding officer for a term of two years. The
presiding officer is entitled to vote on all matters before the
board. The board may elect other officers from among its
membership.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1174, Sec. 2, eff.
June 20, 1997.
Sec. 21.037. COMPENSATION. A board member may not receive
compensation for serving on the board. A member is entitled to
reimbursement for actual and necessary expenses incurred in
performing functions as a member of the board, subject to any
applicable limitation on reimbursement provided by the General
Appropriations Act.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.038. MEETINGS. (a) The board shall meet at least once
in each quarter of the calendar year.
(b) The board may meet at other times at the call of the
presiding officer or as provided by the rules of the board.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The 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 that class to the 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;
(7) file annually with the governor and the presiding officer of
each house of the legislature a complete and detailed written
report, in the form and within the time provided by the General
Appropriations Act, accounting for all funds received and
disbursed by the board during the preceding fiscal year; and
(8) execute interagency contracts to perform routine
administrative functions.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.041. RULES; FEES. (a) The board may adopt rules as
necessary for its own procedures.
(b) The board shall propose rules that:
(1) provide for the regulation of educators and the general
administration of this subchapter in a manner consistent with
this subchapter;
(2) specify the classes of educator certificates to be issued,
including emergency certificates;
(3) specify the period for which each class of educator
certificate is valid;
(4) specify the requirements for the issuance and renewal of an
educator certificate;
(5) provide for the issuance of an educator certificate to a
person who holds a similar certificate issued by another state or
foreign country, subject to Section 21.052;
(6) provide for special or restricted certification of
educators, including certification of instructors of American
Sign Language;
(7) provide for disciplinary proceedings, including the
suspension or revocation of an educator certificate, as provided
by Chapter 2001, Government Code;
(8) provide for the adoption, amendment, and enforcement of an
educator's code of ethics;
(9) provide for continuing education requirements; and
(10) provide for certification of persons performing appraisals
under Subchapter H.
(c) The board shall propose a rule adopting a fee for the
issuance and maintenance of an educator certificate that, when
combined with any fees imposed under Subsection (d), is adequate
to cover the cost of administration of this subchapter.
(d) The board may propose a rule adopting a fee for the approval
or renewal of approval of an educator preparation program, or for
the addition of a certificate or field of certification to the
scope of a program's approval. A fee imposed under this
subsection may not exceed the amount necessary, as determined by
the board, to provide for the administrative cost of approving,
renewing the approval of, and appropriately ensuring the
accountability of educator preparation programs under this
subchapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
723, Sec. 1, eff. June 19, 2009.
Sec. 21.042. APPROVAL OF RULES. The State Board for Educator
Certification must submit a written copy of each rule it proposes
to adopt to the State Board of Education for review. The State
Board of Education may reject a proposed rule by a vote of at
least two-thirds of the members of the board present and voting.
If the State Board of Education fails to reject a proposal before
the 90th day after the date on which it receives the proposal,
the proposal takes effect as a rule of the State Board for
Educator Certification as provided by Chapter 2001, Government
Code. The State Board of Education may not modify a rule proposed
by the State Board for Educator Certification.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.043. ACCESS TO PEIMS DATA. The agency shall provide the
board with access to data obtained under the Public Education
Information Management System (PEIMS).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.044. EDUCATOR PREPARATION. The board shall propose
rules establishing the training requirements a person must
accomplish to obtain a certificate, enter an internship, or enter
an induction-year program. The board shall specify the minimum
academic qualifications required for a certificate.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION
PROGRAMS. (a) The board shall propose rules establishing
standards to govern the approval and continuing accountability of
all educator preparation programs based on the following
information that is disaggregated with respect to sex and
ethnicity:
(1) results of the certification examinations prescribed under
Section 21.048(a);
(2) performance based on the appraisal system for beginning
teachers adopted by the board;
(3) achievement, including improvement in achievement, of
students taught by beginning teachers for the first three years
following certification, to the extent practicable; and
(4) compliance with board requirements regarding the frequency,
duration, and quality of structural guidance and ongoing support
provided by field supervisors to beginning teachers during their
first year in the classroom.
(b) Each educator preparation program shall submit data elements
as required by the 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 board shall propose rules establishing performance
standards for the Accountability System for Educator Preparation
for accrediting educator preparation programs. At a minimum,
performance standards must be based on Subsection (a). The board
may 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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
723, Sec. 2, eff. June 19, 2009.
Sec. 21.0451. SANCTIONS UNDER ACCOUNTABILITY SYSTEM FOR EDUCATOR
PREPARATION PROGRAMS. (a) The board shall propose rules for the
sanction of educator preparation programs that do not meet
accountability standards and shall annually review the
accreditation status of each educator preparation program. The
rules:
(1) shall provide for the assignment of the following
accreditation statuses:
(A) not rated;
(B) accredited;
(C) accredited-warned;
(D) accredited-probation; and
(E) not accredited-revoked;
(2) may provide for the agency to take any necessary action,
including one or more of the following actions:
(A) requiring the program to obtain technical assistance
approved by the agency or board;
(B) requiring the program to obtain professional services under
contract with another person;
(C) appointing a monitor to participate in and report to the
board on the activities of the program; and
(D) if a program has been rated as accredited-probation under
the Accountability System for Educator Preparation for a period
of at least one year, revoking the approval of the program and
ordering the program to be closed, provided that the board or
agency must provide the opportunity for a hearing before the
effective date of the closure; and
(3) shall provide for the agency to revoke the approval of the
program and order the program to be closed if the program has
been rated as accredited-probation under the Accountability
System for Educator Preparation for three consecutive years,
provided that the board or agency must provide the opportunity
for a hearing before the effective date of the closure.
(b) Any action authorized or required to be taken against an
educator preparation program under Subsection (a) may also be
taken with regard to a particular field of certification
authorized to be offered by an educator preparation program.
(c) A permissive revocation under Subsection (a)(2) or required
revocation under Subsection (a)(3) must be effective for a period
of at least two years. After two years, the program may seek
renewed approval to prepare educators for state certification.
(d) The costs of technical assistance required under Subsection
(a)(2)(A) or the costs associated with the appointment of a
monitor under Subsection (a)(2)(C) shall be paid by the sponsor
of the educator preparation program.
Added by Acts 2009, 81st Leg., R.S., Ch.
723, Sec. 2, eff. June 19, 2009.
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 board shall make information regarding
educator programs in this state available to the public through
the board's Internet website.
(b) The 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 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 board shall
develop surveys for distribution to program participants and
school principals.
(e) The 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 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 board shall provide information
identifying employment opportunities for teachers in the various
regions of this state. The board shall specifically identify
each region of this state in which a shortage of qualified
teachers exists.
(g) The board may require any person to provide information to
the board for purposes of this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
723, Sec. 2, eff. June 19, 2009.
Sec. 21.046. QUALIFICATIONS FOR CERTIFICATION AS SUPERINTENDENT
OR PRINCIPAL. (a) The qualifications for superintendent must
permit a candidate for certification to substitute management
training or experience for part of the educational experience.
(b) The qualifications for certification as a principal must be
sufficiently flexible so that an outstanding teacher may qualify
by substituting approved experience and professional training for
part of the educational requirements. Supervised and approved
on-the-job experience in addition to required internship shall be
accepted in lieu of classroom hours. The qualifications must
emphasize:
(1) instructional leadership;
(2) administration, supervision, and communication skills;
(3) curriculum and instruction management;
(4) performance evaluation;
(5) organization; and
(6) fiscal management.
(c) Because an effective principal is essential to school
improvement, the 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 board shall consider the knowledge, skills, and
proficiencies for principals as developed by relevant national
organizations and the State Board of Education.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.047. CENTERS FOR PROFESSIONAL DEVELOPMENT OF TEACHERS.
(a) The 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 board shall make grants to
the center for its programs from funds derived from gifts,
grants, and legislative appropriations for that purpose. The
board shall award the grants on a competitive basis according to
requirements established by the board rules.
(c) A center may develop and implement a comprehensive
field-based educator preparation program to supplement the
internship hours required in Section 21.050. This comprehensive
field-based teacher program must:
(1) be designed on the basis of current research into
state-of-the-art teaching practices, curriculum theory and
application, evaluation of student outcomes, and the effective
application of technology; and
(2) have rigorous internal and external evaluation procedures
that focus on content, delivery systems, and teacher and student
outcomes.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.048. CERTIFICATION EXAMINATIONS. (a) The board shall
propose rules prescribing comprehensive examinations for each
class of certificate issued by the board.
(b) The 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 board determines, on the
basis of appropriate field tests, that the examination complies
with the standards specified in Subsection (b). On application to
the board, the board shall issue a temporary exemption
certificate to a person entitled to an exemption under this
subsection.
(c-1) The results of an examination administered under this
section are confidential and are not subject to disclosure under
Chapter 552, Government Code, unless:
(1) the disclosure is regarding notification to a parent of the
assignment of an uncertified teacher to a classroom as required
by Section 21.057; or
(2) the educator has failed the examination more than five
times.
(d) In this section:
(1) "Hearing impairment" means a hearing impairment so severe
that the person cannot process linguistic information with or
without amplification.
(2) "Reliability" means the extent to which an experiment, test,
or measuring procedure yields the same results on repeated
trials.
(3) "Validity" means being:
(A) well-grounded or justifiable;
(B) relevant and meaningful;
(C) correctly derived from premises or inferences; and
(D) supported by objective truth or generally accepted
authority.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 4, eff. June 15, 2007.
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 board shall establish a master reading
teacher certificate.
(b) The 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 board; and
(D) satisfy any other requirements prescribed by the board.
Added by Acts 1999, 76th Leg., ch. 931, Sec. 2, eff. Aug. 30,
1999.
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 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 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 board; and
(5) satisfy any other requirements prescribed by the board.
(d) The course of instruction prescribed under Subsection (c)(3)
shall be developed by the board in consultation with mathematics
and science faculty members at institutions of higher education.
Added by Acts 2001, 77th Leg., ch. 834, Sec. 4, eff. Sept. 1,
2001.
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 board shall establish a master
technology teacher certificate.
(b) The 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 board.
(d) The 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.
Added by Acts 2001, 77th Leg., ch. 1301, Sec. 2, eff. June 16,
2001. Renumbered from Education Code Sec. 21.0482 by Acts 2003,
78th Leg., ch. 1275, Sec. 2(12), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
831, Sec. 2, eff. September 1, 2008.
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 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 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 board; and
(5) satisfy any other requirements prescribed by the board.
(d) The course of instruction prescribed under Subsection (c)(3)
shall be developed by the board in consultation with science
faculty members at institutions of higher education.
Added by Acts 2003, 78th Leg., ch. 430, Sec. 1, eff. Sept. 1,
2003.
Sec. 21.049. ALTERNATIVE CERTIFICATION. (a) To provide a
continuing additional source of qualified educators, the board
shall 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 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.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 609, Sec. 1, eff.
Sept. 1, 2001.
Sec. 21.050. ACADEMIC DEGREE REQUIRED FOR TEACHING CERTIFICATE;
INTERNSHIP. (a) A person who applies for a teaching certificate
for which 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 board may not require more than 18 semester credit hours
of education courses at the baccalaureate level for the granting
of a teaching certificate. The board shall provide for a minimum
number of semester credit hours of internship to be included in
the hours needed for certification. The board may propose rules
requiring additional credit hours for certification in bilingual
education, English as a second language, early childhood
education, or special education.
(c) A person who receives a bachelor's degree required for a
teaching certificate on the basis of higher education coursework
completed while receiving an exemption from tuition and fees
under Section 54.214 may not be required to participate in any
field experience or internship consisting of student teaching to
receive a teaching certificate.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 524, Sec. 1, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 74, Sec. 2, eff. May 14,
2001.
Sec. 21.051. OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS. The
board shall propose rules providing flexible options for persons
for any field experience or internship required for
certification.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.052. CERTIFICATION OF EDUCATORS FROM OUTSIDE THE STATE.
(a) The 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.
(b) For purposes of Subsection (a)(2), a person is considered to
hold a certificate or other credential if the credential is not
valid solely because it has expired.
(c) The 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
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 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
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 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 board shall post on the board's Internet website the
procedures for obtaining a certificate under Subsection (a).
(g) The commissioner shall provide guidance to school districts
that employ an educator certified as provided by Subsection (a)
on procedures to classify the educator as a highly qualified
teacher in a manner consistent with the No Child Left Behind Act
of 2001 (20 U.S.C. Section 6301 et seq.).
(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 board shall
accept or reject, not later than the 14th day after the date the
board receives the completed application, at least 90 percent of
the applications the board receives for a certificate under this
subsection, and shall accept or reject all completed applications
the board receives under this subsection not later than the 30th
day after the date the 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 board;
(2) information necessary to complete a national criminal
history record information review; and
(3) an application fee as required by the board.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 1306, Sec. 1, eff.
June 16, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
577, Sec. 1, eff. June 16, 2007.
Acts 2009, 81st Leg., R.S., Ch.
1013, Sec. 1, eff. June 19, 2009.
Sec. 21.053. PRESENTATION AND RECORDING OF CERTIFICATES. (a) A
person who desires to teach in a public school shall present the
person's certificate for filing with the employing district
before the person's contract with the board of trustees of the
district is binding.
(b) An educator who does not hold a valid certificate may not be
paid for teaching or work done before the effective date of
issuance of a valid certificate.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.054. CONTINUING EDUCATION. (a) The board shall propose
rules establishing a process for identifying continuing education
courses and programs that fulfill educators' continuing education
requirements.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 596, Sec. 1,
eff. September 1, 2009.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
675, Sec. 2, eff. June 17, 2005.
Acts 2009, 81st Leg., R.S., Ch.
596, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 67(a), eff. June 19, 2009.
Sec. 21.055. SCHOOL DISTRICT TEACHING PERMIT. (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 board.
(b) To be eligible for a school district teaching permit under
this section, a person must hold a baccalaureate degree. This
subsection does not apply to a person who will teach only career
and technology education.
(c) Promptly after employing a person under this section, a
school district shall send to the commissioner a written
statement identifying the person, the person's qualifications as
a teacher, and the subject or class the person will teach. The
person may teach the subject or class pending action by the
commissioner.
(d) Not later than the 30th day after the date the commissioner
receives the statement under Subsection (c), the commissioner may
inform the district in writing that the commissioner finds the
person is not qualified to teach. The person may not teach if the
commissioner finds the person is not qualified. If the
commissioner fails to act within the time prescribed by this
subsection, the district may issue to the person a school
district teaching permit and the person may teach the subject or
class identified in the statement.
(e) A person authorized to teach under this section may not
teach in another school district unless that district complies
with this section. A school district teaching permit remains
valid unless the district issuing the permit revokes it for
cause.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.056. ADDITIONAL CERTIFICATION. The 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.
Added by Acts 1997, 75th Leg., ch. 1356, Sec. 1, eff. Sept. 1,
1997.
Sec. 21.057. PARENTAL NOTIFICATION. (a) A school district that
assigns an inappropriately certified or uncertified teacher to
the same classroom for more than 30 consecutive instructional
days during the same school year shall provide written notice of
the assignment to a parent or guardian of each student in that
classroom.
(b) The superintendent of the school district shall provide the
notice required by Subsection (a) not later than the 30th
instructional day after the date of the assignment of the
inappropriately certified or uncertified teacher.
(c) The school district shall:
(1) make a good-faith effort to ensure that the notice required
by this section is provided in a bilingual form to any parent or
guardian whose primary language is not English;
(2) retain a copy of any notice provided under this section; and
(3) make information relating to teacher certification available
to the public on request.
(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 proposed by the board in specifying the certificate
required for each assignment;
(B) serving on a certificate issued due to a hearing impairment
under Section 21.048;
(C) serving on a certificate issued pursuant to enrollment in an
approved alternative certification program under Section 21.049;
(D) certified by another state or country and serving on a
certificate issued under Section 21.052;
(E) serving on a school district teaching permit issued under
Section 21.055; or
(F) employed under a waiver granted by the commissioner pursuant
to Section 7.056.
(e) This section does not apply if a school is required in
accordance with Section 1111(h)(6)(B)(ii), No Child Left Behind
Act of 2001 (20 U.S.C. Section 6311), and its subsequent
amendments, to provide notice to a parent or guardian regarding a
teacher who is not highly qualified, provided the school provides
notice as required by that Act.
Added by Acts 1999, 76th Leg., ch. 680, Sec. 1, eff. June 18,
1999. Amended by Acts 2003, 78th Leg., ch. 1027, Sec. 1, eff.
June 20, 2003.
Sec. 21.058. REVOCATION OF CERTIFICATE AND TERMINATION OF
EMPLOYMENT BASED ON CONVICTION OF CERTAIN OFFENSES. (a) This
section applies only:
(1) to conviction of a felony offense under Title 5, Penal Code,
or an offense on conviction of which a defendant is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure; and
(2) if the victim of the offense is under 18 years of age.
(b) Notwithstanding Section 21.041(b)(7), not later than the
fifth day after the date the 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 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.
(c) A school district or open-enrollment charter school that
receives notice under Subsection (b) of the revocation of a
certificate issued under this subchapter shall:
(1) immediately remove the person whose certificate has been
revoked from campus or from an administrative office, as
applicable, to prevent the person from having any contact with a
student; and
(2) as soon as practicable, terminate the employment of the
person in accordance with the person's contract and with this
subchapter.
(d) A person whose certificate is revoked under Subsection (b)
may reapply for a certificate in accordance with board rules.
Added by Acts 2003, 78th Leg., ch. 920, Sec. 1, eff. June 20,
2003.
Sec. 21.059. EXTENSION OF CERTAIN DEADLINES FOR ACTIVE DUTY
MILITARY PERSONNEL. A person who holds a certificate or permit
under this subchapter who is a member of the state military
forces or a reserve component of the armed forces of the United
States and who is ordered to active duty by proper authority is
entitled to an additional amount of time, equal to the total
number of years or parts of years that the educator serves on
active duty, to complete:
(1) any continuing education requirements; and
(2) any requirements relating to renewal or extension of the
person's certificate or permit.
Added by Acts 2005, 79th Leg., Ch.
675, Sec. 3, eff. June 17, 2005.
Sec. 21.060. ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN
OFFENSES. The 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.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 5, eff. June 15, 2007.
SUBCHAPTER C. PROBATIONARY CONTRACTS
Sec. 21.101. DEFINITION. In this subchapter, "teacher" means a
principal, supervisor, classroom teacher, counselor, or other
full-time professional employee who is required to hold a
certificate issued under Subchapter B or a nurse. The term does
not include a superintendent or a person who is not entitled to a
probationary, continuing, or term contract under Section 21.002,
an existing contract, or district policy.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 21.102. PROBATIONARY CONTRACT.
(a) Except as provided by Section 21.202(b), a person who is
employed as a teacher by a school district for the first time, or
who has not been employed by the district for two consecutive
school years subsequent to August 28, 1967, shall be employed
under a probationary contract. A person who previously was
employed as a teacher by a district and, after at least a
two-year lapse in district employment returns to district
employment, may be employed under a probationary contract.
(b) A probationary contract may not be for a term exceeding one
school year. The probationary contract may be renewed for two
additional one-year periods, for a maximum permissible
probationary contract period of three school years, except that
the probationary period may not ex