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.
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