81R13335 KKA-F
By: Eissler H.B. No. 3421
A BILL TO BE ENTITLED
AN ACT
relating to educator preparation programs and educator
certification, performance, and recruitment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.041, Education Code, is amended by
amending Subsection (c) and adding Subsections (d) and (e) to read
as follows:
(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.
(e) The board's rules under Subsection (b)(2) must limit the
duration of an emergency certificate. The board may provide for
exceptions from the limitation specified by the board in
appropriate circumstances.
SECTION 2. Section 21.043, Education Code, is amended to
read as follows:
Sec. 21.043. ACCESS TO INFORMATION [PEIMS DATA]. (a) The
agency shall provide the board with access to data obtained under
the Public Education Information Management System (PEIMS).
(b) Notwithstanding Section 21.355, a document evaluating
the performance of a teacher or administrator shall be provided to
the agency or board for purposes of this subchapter on request by
the agency or board. The agency or board, as appropriate, shall
take appropriate measures to maintain confidentiality of the
document.
SECTION 3. Section 21.044, Education Code, is amended to
read as follows:
Sec. 21.044. EDUCATOR PREPARATION. (a) A person may not be
admitted to an educator preparation program, including an
undergraduate university program, alternative certification
program, or postbaccalaureate program, unless the person:
(1) has an overall grade point average of at least 2.5
on a four-point scale or the equivalent or a grade point average of
at least 2.5 on a four-point scale or the equivalent for the most
recent 60 semester credit hours completed by the person; and
(2) demonstrates, in the manner determined by the
board, basic skills in reading, writing, and mathematics.
(b) 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.
SECTION 4. Subchapter B, Chapter 21, Education Code, is
amended by amending Section 21.045 and adding Sections 21.0451,
21.0452, 21.0453, 21.0454, and 21.0486 to read as follows:
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
information that is disaggregated with respect to sex and ethnicity
and that includes:
(1) results of the certification examinations
prescribed under Section 21.048(a); [and]
(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, as determined on the basis of
the measure of annual improvement under Section 39.034 and any
other factor considered appropriate by the board; and
(4) 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.
(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; and
(6) the number of candidates retained in the
profession.
(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;
(2) certification fields authorized to be offered by
an educator preparation program; or
(3) physical locations at which an educator
preparation program operates.
(d) The board shall propose rules establishing standards
for the designation of high-performance educator preparation
programs as recognized or exemplary.
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) 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;
(D) appointing a conservator to direct the
operations of the program;
(E) if a program is rated as unacceptable under
the Accountability System for Educator Preparation, appointing a
board of managers to exercise the powers and duties of the governing
body of the program with respect to the program; and
(F) if a program has been rated as unacceptable
under the Accountability System for Educator Preparation for two
consecutive rating periods, 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
(2) 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 unacceptable under the Accountability
System for Educator Preparation for three consecutive rating
periods, 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 conservator or board of managers appointed under
Subsection (a) may:
(1) direct any action to be taken by the educator
preparation program;
(2) disapprove any action taken by the educator
preparation program; or
(3) take any action on behalf of the educator
preparation program.
(d) A permissive revocation under Subsection (a)(1) or
required revocation under Subsection (a)(2) 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.
(e) The costs of technical assistance required under
Subsection (a)(1)(A) or the costs associated with the appointment
of a monitor, conservator, or board of managers under Subsection
(a)(1)(C), (D), or (E) shall be paid by the sponsor of the educator
preparation program.
Sec. 21.0452. REVIEW OF EDUCATOR PREPARATION PROGRAMS. (a)
The board and the Texas Higher Education Coordinating Board
biennially shall conduct a review and assessment of the performance
of educator preparation programs and issue reports of the resulting
evaluations of the programs. The review and assessment may be
conducted in conjunction with an independent entity with experience
and expertise in research regarding effective instructional
techniques and the preparation of educators.
(b) The commissioner shall adopt rules necessary to
implement this section [(d) The executive director of the board
shall appoint an oversight team of educators to make
recommendations and provide assistance to educator preparation
programs that do not meet accreditation standards. If, after one
year, an educator preparation program has not fulfilled the
recommendations of the oversight team, the executive director shall
appoint a person to administer and manage the operations of the
program. If the program does not improve after two years, the board
shall revoke the approval of the program to prepare educators for
state certification].
Sec. 21.0453. CONSUMER INFORMATION REGARDING EDUCATOR
PREPARATION PROGRAMS. (a) To assist persons interested in
obtaining teaching certification in selecting an educator
preparation program, the board shall make available through the
board's Internet website consumer information regarding educator
preparation programs available in this state.
(b) The board shall determine the specific information made
available but shall make efforts to ensure that the following
information is provided for each educator preparation program:
(1) the average academic qualifications possessed by
persons admitted to the program or other information indicating the
quality of persons admitted to the program; and
(2) the degree to which persons who complete the
program are successful in obtaining teaching positions.
(c) The board may require an educator preparation program to
provide information to the board for purposes of this section.
Sec. 21.0454. TEXAS TEACHING SCHOLARS PROGRAM. (a) The
board by rule shall establish the Texas Teaching Scholars program
to provide for the recognition and support of not more than three
educator preparation programs in this state that are exceptionally
effective in preparing persons to enter the teaching profession.
(b) The board shall select educator preparation programs
for participation in the Texas Teaching Scholars program based on
applications submitted by interested educator preparation
programs. Any type of educator preparation program may apply,
including traditional programs, alternative programs, and programs
developed by school districts.
(c) Applications submitted under Subsection (b) must be
evaluated on a competitive basis according to criteria established
by the board. To the extent feasible, the board shall attempt to
select diverse types of educator preparation programs. The
criteria established by the board must require that a selected
educator preparation program:
(1) require persons seeking admission to the educator
preparation program to meet high academic standards for admission
and maintain high academic standards after admission;
(2) focus on subject area knowledge especially
necessary to teach at the secondary school level;
(3) provide for field work and training in
instructional design and classroom management;
(4) provide professional support during the initial
years in the teaching profession for persons who complete the
educator preparation program; and
(5) enter into partnerships with school districts to
facilitate placement in teaching positions of persons who complete
the educator preparation program.
(d) The board shall rigorously monitor the performance of
each educator preparation program selected for participation in the
Texas Teaching Scholars program to ensure that the educator
preparation program continues to meet standards established by the
board. The board may terminate an educator preparation program's
participation in the Texas Teaching Scholars program if the
educator preparation program ceases to meet those standards.
(e) For purposes of Subsection (d), the board may require
each selected educator preparation program to provide any
information regarding the educator preparation program requested
by the board, including information relating to the academic
performance of students receiving instruction from persons who
completed the educator preparation program.
(f) Subject to the availability of funds appropriated for
the purpose, the board shall provide grants to each selected
educator preparation program to enable the educator preparation
program to expand and prepare additional persons to enter the
teaching profession.
Sec. 21.0486. TEXAS PERFORMANCE CERTIFICATION. (a) The
board, in conjunction with the commissioner, may establish a Texas
performance certification program as an option for persons entering
the teaching profession.
(b) Under the program, the board and commissioner may
provide that a person who elects to receive a Texas performance
certificate is entitled to receive various incentives in exchange
for complying with requirements that are designed to ensure a high
level of performance in the classroom.
(c) The board may propose rules and the commissioner may
adopt rules necessary to implement the program authorized under
this section.
SECTION 5. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.061 to read as follows:
Sec. 21.061. TEACHER RECRUITMENT CAMPAIGN. (a) The board
shall develop and implement a comprehensive statewide media
campaign to recruit qualified persons to enter the teaching
profession.
(b) The campaign shall:
(1) give emphasis to recruiting persons from all
levels to teach in the subject areas of mathematics and science; and
(2) include a component that encourages students at or
below the college level to obtain degrees in the subject areas of
mathematics and science and seek subsequent certification to teach
in those subject areas.
(c) The board shall coordinate with the Texas Higher
Education Coordinating Board as necessary in developing and
implementing the campaign.
(d) The board shall solicit and may accept grants, gifts,
and donations from public and private entities to pay the costs of
developing and implementing the campaign.
SECTION 6. Section 21.352, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) In addition to appraising teachers in accordance with
this section, a school district may review the performance of a
teacher during the teacher's first year in the teaching profession
to identify the teacher's initial strengths and weaknesses and
offer any necessary suggestions for improvement.
SECTION 7. Section 21.553(c), Education Code, is amended to
read as follows:
(c) The State Board for Educator Certification shall
propose rules establishing criteria for awarding financial
incentives under this section, including criteria for awarding
financial incentives if there are more participants than funds
available to provide the financial incentives. The criteria for
awarding financial incentives in circumstances involving
insufficient available funding must provide that the highest
priority is given to participants with exceptional academic
qualifications, as determined by the board, who seek certification
in the subject area of mathematics or science.
SECTION 8. Section 21.044(a)(2), Education Code, as added
by this Act, applies only to a person who seeks admission to an
educator preparation program that begins instruction on or after
January 1, 2010.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.