Texas 2009 - 81st Regular

Texas House Bill HB3421 Compare Versions

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1	1	81R26310 KKA-F
2	2	By: Eissler H.B. No. 3421
3	3	Substitute the following for H.B. No. 3421:
4	4	By: Dutton C.S.H.B. No. 3421
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to educator preparation programs and educator
10	10	certification, performance, and recruitment.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter A, Chapter 21, Education Code, is
13	13	amended by adding Section 21.008 to read as follows:
14	14	Sec. 21.008. BIENNIAL REPORT ON EDUCATORS. (a) Not later
15	15	than December 1 of each even-numbered year, the agency shall
16	16	prepare, publish, and submit to the legislature a report regarding
17	17	public school staffing and the working conditions for public school
18	18	educators.
19	19	(b) The report must contain staffing information for each
20	20	campus, including at least the following:
21	21	(1) the percentage of teachers assigned to teach
22	22	subjects outside their areas of expertise or certification;
23	23	(2) the percentage of teachers employed under
24	24	emergency certificates;
25	25	(3) teacher turnover rates; and
26	26	(4) the number and percentage of teachers who have
27	27	less than one year of experience as a teacher.
28	28	(c) The report must contain information regarding working
29	29	conditions in each district based on a survey conducted by the
30	30	agency of public school educators.
31	31	SECTION 2. Section 21.041, Education Code, is amended by
32	32	amending Subsection (c) and adding Subsections (d) and (e) to read
33	33	as follows:
34	34	(c) The board shall propose a rule adopting a fee for the
35	35	issuance and maintenance of an educator certificate that, when
36	36	combined with any fees imposed under Subsection (d), is adequate to
37	37	cover the cost of administration of this subchapter.
38	38	(d) The board may propose a rule adopting a fee for the
39	39	approval or renewal of approval of an educator preparation program,
40	40	or for the addition of a certificate or field of certification to
41	41	the scope of a program's approval. A fee imposed under this
42	42	subsection may not exceed the amount necessary, as determined by
43	43	the board, to provide for the administrative cost of approving,
44	44	renewing the approval of, and appropriately ensuring the
45	45	accountability of educator preparation programs under this
46	46	subchapter.
47	47	(e) The board's rules under Subsection (b)(2) must limit the
48	48	duration of an emergency certificate. The board may provide for
49	49	exceptions from the limitation specified by the board in
50	50	appropriate circumstances.
51	51	SECTION 3. Section 21.043, Education Code, is amended to
52	52	read as follows:
53	53	Sec. 21.043. ACCESS TO INFORMATION [PEIMS DATA]. (a) The
54	54	agency shall provide the board with access to data obtained under
55	55	the Public Education Information Management System (PEIMS).
56	56	(b) Notwithstanding Section 21.355, a document evaluating
57	57	the performance of a teacher or administrator shall be provided to
58	58	the agency or board for purposes of this subchapter on request by
59	59	the agency or board. Any document obtained by the agency or board
60	60	under this subsection is confidential, and the agency or board, as
61	61	appropriate, shall take appropriate measures to maintain that
62	62	confidentiality.
63	63	SECTION 4. Section 21.044, Education Code, is amended to
64	64	read as follows:
65	65	Sec. 21.044. EDUCATOR PREPARATION. (a) Except as provided
66	66	by Subsection (a-1) or (a-2), a person may not be admitted to an
67	67	educator preparation program, including an undergraduate
68	68	university program, alternative certification program, or
69	69	postbaccalaureate program, unless the person:
70	70	(1) has an overall grade point average of at least 2.5
71	71	on a four-point scale or the equivalent or a grade point average of
72	72	at least 2.5 on a four-point scale or the equivalent for the most
73	73	recent 60 semester credit hours completed by the person; and
74	74	(2) demonstrates, in the manner determined by the
75	75	board, basic skills in reading, writing, and mathematics.
76	76	(a-1) Subsection (a) does not apply to a person seeking
77	77	admission to an educator preparation program for the purpose of
78	78	obtaining certification in career and technology education,
79	79	provided the person complies with other applicable requirements for
80	80	admission.
81	81	(a-2) An educator preparation program may admit a person to
82	82	the program who does not have at least the grade point average
83	83	required by Subsection (a)(1) if the person's work, business, or
84	84	career experience demonstrates achievement. The person must submit
85	85	satisfactory documentation regarding the person's experience to
86	86	the program director, and the program must maintain the
87	87	documentation and make it available to the board on request. The
88	88	number of persons admitted under this subsection in an academic
89	89	year may not exceed five percent of the total number of program
90	90	candidates applying for admission in that year.
91	91	(b) The board shall propose rules establishing the training
92	92	requirements a person must accomplish to obtain a certificate,
93	93	enter an internship, or enter an induction-year program. The board
94	94	shall specify the minimum academic qualifications required for a
95	95	certificate.
96	96	(c) An educator preparation program may impose requirements
97	97	in addition to the requirements imposed under this section.
98	98	SECTION 5. Subchapter B, Chapter 21, Education Code, is
99	99	amended by amending Section 21.045 and adding Sections 21.0451 and
100	100	21.0452 to read as follows:
101	101	Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR
102	102	PREPARATION PROGRAMS. (a) The board shall propose rules
103	103	establishing standards to govern the approval and continuing
104	104	accountability of all educator preparation programs based on the
105	105	following information that is disaggregated with respect to sex and
106	106	ethnicity [and that includes]:
107	107	(1) results of the certification examinations
108	108	prescribed under Section 21.048(a); [and]
109	109	(2) performance based on the appraisal system for
110	110	beginning teachers adopted by the board;
111	111	(3) achievement, including improvement in
112	112	achievement, of students taught by beginning teachers for the first
113	113	three years following certification, to the extent practicable; and
114	114	(4) compliance with board requirements regarding the
115	115	frequency, duration, and quality of structural guidance and ongoing
116	116	support provided by field supervisors to beginning teachers during
117	117	their first year in the classroom.
118	118	(b) Each educator preparation program shall submit data
119	119	elements as required by the board for an annual performance report
120	120	to ensure access and equity. At a minimum, the annual report must
121	121	contain the performance data from Subsection (a), other than the
122	122	data required for purposes of Subsection (a)(3), and the following
123	123	information, disaggregated by sex and ethnicity:
124	124	(1) the number of candidates who apply;
125	125	(2) the number of candidates admitted;
126	126	(3) the number of candidates retained;
127	127	(4) the number of candidates completing the program;
128	128	(5) the number of candidates employed in the
129	129	profession after completing the program; [and]
130	130	(6) the number of candidates retained in the
131	131	profession; and
132	132	(7) any other information required by federal law.
133	133	(c) The board shall propose rules establishing performance
134	134	standards for the Accountability System for Educator Preparation
135	135	for accrediting educator preparation programs. At a minimum,
136	136	performance standards must be based on Subsection (a). The board
137	137	may propose rules establishing minimum standards for approval or
138	138	renewal of approval of:
139	139	(1) educator preparation programs; or
140	140	(2) certification fields authorized to be offered by
141	141	an educator preparation program.
142	142	Sec. 21.0451. SANCTIONS UNDER ACCOUNTABILITY SYSTEM FOR
143	143	EDUCATOR PREPARATION PROGRAMS. (a) The board shall propose rules
144	144	for the sanction of educator preparation programs that do not meet
145	145	accountability standards and shall annually review the
146	146	accreditation status of each educator preparation program. The
147	147	rules:
148	148	(1) shall provide for the assignment of the following
149	149	accreditation statuses:
150	150	(A) not rated;
151	151	(B) accredited;
152	152	(C) accredited-warned;
153	153	(D) accredited-probation; and
154	154	(E) not accredited-revoked;
155	155	(2) may provide for the agency to take any necessary
156	156	action, including one or more of the following actions:
157	157	(A) requiring the program to obtain technical
158	158	assistance approved by the agency or board;
159	159	(B) requiring the program to obtain professional
160	160	services under contract with another person;
161	161	(C) appointing a monitor to participate in and
162	162	report to the board on the activities of the program; and
163	163	(D) if a program has been rated as
164	164	accredited-probation under the Accountability System for Educator
165	165	Preparation for a period of at least one year, revoking the approval
166	166	of the program and ordering the program to be closed, provided that
167	167	the board or agency must provide the opportunity for a hearing
168	168	before the effective date of the closure; and
169	169	(3) shall provide for the agency to revoke the
170	170	approval of the program and order the program to be closed if the
171	171	program has been rated as accredited-probation under the
172	172	Accountability System for Educator Preparation for three
173	173	consecutive years, provided that the board or agency must provide
174	174	the opportunity for a hearing before the effective date of the
175	175	closure.
176	176	(b) Any action authorized or required to be taken against an
177	177	educator preparation program under Subsection (a) may also be taken
178	178	with regard to a particular field of certification authorized to be
179	179	offered by an educator preparation program.
180	180	(c) A permissive revocation under Subsection (a)(2) or
181	181	required revocation under Subsection (a)(3) must be effective for a
182	182	period of at least two years. After two years, the program may seek
183	183	renewed approval to prepare educators for state certification.
184	184	(d) The costs of technical assistance required under
185	185	Subsection (a)(2)(A) or the costs associated with the appointment
186	186	of a monitor under Subsection (a)(2)(C) shall be paid by the sponsor
187	187	of the educator preparation program [The executive director of the
188	188	board shall appoint an oversight team of educators to make
189	189	recommendations and provide assistance to educator preparation
190	190	programs that do not meet accreditation standards. If, after one
191	191	year, an educator preparation program has not fulfilled the
192	192	recommendations of the oversight team, the executive director shall
193	193	appoint a person to administer and manage the operations of the
194	194	program. If the program does not improve after two years, the board
195	195	shall revoke the approval of the program to prepare educators for
196	196	state certification].
197	197	Sec. 21.0452. CONSUMER INFORMATION REGARDING EDUCATOR
198	198	PREPARATION PROGRAMS. (a) To assist persons interested in
199	199	obtaining teaching certification in selecting an educator
200	200	preparation program and assist school districts in making staffing
201	201	decisions, the board shall make information regarding educator
202	202	programs in this state available to the public through the board's
203	203	Internet website.
204	204	(b) The board shall make available at least the following
205	205	information regarding each educator preparation program:
206	206	(1) the information specified in Sections 21.045(a)
207	207	and (b);
208	208	(2) in addition to any other appropriate information
209	209	indicating the quality of persons admitted to the program, the
210	210	average academic qualifications possessed by persons admitted to
211	211	the program, including:
212	212	(A) average overall grade point average and
213	213	average grade point average in specific subject areas; and
214	214	(B) average scores on the Scholastic Assessment
215	215	Test (SAT), the American College Test (ACT), or the Graduate Record
216	216	Examination (GRE), as applicable;
217	217	(3) the degree to which persons who complete the
218	218	program are successful in obtaining teaching positions;
219	219	(4) the extent to which the program prepares teachers,
220	220	including general education teachers and special education
221	221	teachers, to effectively teach:
222	222	(A) students with disabilities; and
223	223	(B) students of limited English proficiency, as
224	224	defined by Section 29.052;
225	225	(5) the activities offered by the program that are
226	226	designed to prepare teachers to:
227	227	(A) integrate technology effectively into
228	228	curricula and instruction, including activities consistent with
229	229	the principles of universal design for learning; and
230	230	(B) use technology effectively to collect,
231	231	manage, and analyze data to improve teaching and learning for the
232	232	purpose of increasing student academic achievement;
233	233	(6) the perseverance of beginning teachers in the
234	234	profession, as determined on the basis of the number of beginning
235	235	teachers who maintain status as active contributing members in the
236	236	Teacher Retirement System of Texas for at least three years after
237	237	certification in comparison to similar programs;
238	238	(7) the results of exit surveys given to program
239	239	participants on completion of the program that involve evaluation
240	240	of the program's effectiveness in preparing participants to succeed
241	241	in the classroom; and
242	242	(8) if available, the results of surveys given to
243	243	school principals that involve evaluation of the program's
244	244	effectiveness in preparing participants to succeed in the
245	245	classroom, based on experience with employed program participants.
246	246	(c) For purposes of Subsection (b)(7), the board shall
247	247	require an educator preparation program to distribute an exit
248	248	survey that a program participant must complete before the
249	249	participant is eligible to receive a certificate under this
250	250	subchapter.
251	251	(d) For purposes of Subsection (b)(8), the board may develop
252	252	a survey for distribution to school district principals.
253	253	(e) The board may develop procedures under which each
254	254	educator preparation program receives a designation or ranking
255	255	based on the degree of consumer satisfaction with the program. If
256	256	the board develops procedures under this subsection, the
257	257	designation or ranking received by each program must be included in
258	258	the information made available under this section.
259	259	(f) In addition to other information required to be made
260	260	available under this section, the board shall provide information
261	261	identifying employment opportunities for teachers in the various
262	262	regions of this state. The board shall specifically identify each
263	263	region of this state in which a shortage of qualified teachers
264	264	exists.
265	265	(g) The board may require any person to provide information
266	266	to the board for purposes of this section.
267	267	SECTION 6. Subchapter B, Chapter 21, Education Code, is
268	268	amended by adding Section 21.061 to read as follows:
269	269	Sec. 21.061. TEACHER RECRUITMENT CAMPAIGN. (a) The agency
270	270	shall develop and implement a comprehensive statewide media
271	271	campaign to recruit qualified persons to enter the teaching
272	272	profession.
273	273	(b) The campaign shall:
274	274	(1) give emphasis to recruiting persons from all
275	275	levels to teach in subject areas in which there are shortages of
276	276	qualified teachers, as designated by the commissioner; and
277	277	(2) include a component that encourages students at or
278	278	below the college level to obtain degrees in subject areas in which
279	279	there are shortages of qualified teachers, as designated by the
280	280	commissioner, and seek subsequent certification to teach in those
281	281	subject areas.
282	282	(c) The agency shall coordinate with the Texas Higher
283	283	Education Coordinating Board as necessary in developing and
284	284	implementing the campaign.
285	285	(d) The agency shall solicit and may accept grants, gifts,
286	286	and donations from public and private entities to pay the costs of
287	287	developing and implementing the campaign.
288	288	SECTION 7. Section 21.352, Education Code, is amended by
289	289	adding Subsection (e) to read as follows:
290	290	(e) In addition to appraising teachers in accordance with
291	291	this section, a school district shall review the early performance
292	292	of a teacher during the teacher's first year in the teaching
293	293	profession to identify the teacher's initial strengths and
294	294	weaknesses, offer any necessary suggestions for improvement, and
295	295	help prepare the teacher for the appraisal required by this
296	296	section. The review must be conducted within the first 75 days of
297	297	the school year.
298	298	SECTION 8. Section 21.553(c), Education Code, is amended to
299	299	read as follows:
300	300	(c) The State Board for Educator Certification shall
301	301	propose rules establishing criteria for awarding financial
302	302	incentives under this section, including criteria for awarding
303	303	financial incentives if there are more participants than funds
304	304	available to provide the financial incentives. The criteria for
305	305	awarding financial incentives in circumstances involving
306	306	insufficient available funding must provide that the highest
307	307	priority is given to participants with exceptional academic
308	308	qualifications, as determined by the board, who seek certification
309	309	in the subject area of mathematics or science.
310	310	SECTION 9. Section 56.353(c), Education Code, is amended to
311	311	read as follows:
312	312	(c) If the money available for loan repayment assistance in
313	313	a period for which assistance is awarded is insufficient to provide
314	314	assistance to all eligible applicants described by Subsection (b),
315	315	the coordinating board shall establish priorities for awarding
316	316	repayment assistance first to eligible applicants described by
317	317	Subsection (b) with exceptional academic qualifications, as
318	318	determined by the coordinating board, and then awarding repayment
319	319	assistance to address the most critical teacher shortages described
320	320	by Subsection (a).
321	321	SECTION 10. Section 21.044(a)(2), Education Code, as added
322	322	by this Act, applies only to a person who seeks admission to an
323	323	educator preparation program that begins instruction on or after
324	324	January 1, 2010.
325	325	SECTION 11. This Act takes effect immediately if it
326	326	receives a vote of two-thirds of all the members elected to each
327	327	house, as provided by Section 39, Article III, Texas Constitution.
328	328	If this Act does not receive the vote necessary for immediate
329	329	effect, this Act takes effect September 1, 2009.