CHAPTER 21. EDUCATORS - Texas Statutes

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