81R26310 KKA-F
By: Eissler H.B. No. 3421
Substitute the following for H.B. No. 3421:
By: Dutton C.S.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. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.008 to read as follows:
Sec. 21.008. BIENNIAL REPORT ON EDUCATORS. (a) Not later
than December 1 of each even-numbered year, the agency shall
prepare, publish, and submit to the legislature a report regarding
public school staffing and the working conditions for public school
educators.
(b) The report must contain staffing information for each
campus, including at least the following:
(1) the percentage of teachers assigned to teach
subjects outside their areas of expertise or certification;
(2) the percentage of teachers employed under
emergency certificates;
(3) teacher turnover rates; and
(4) the number and percentage of teachers who have
less than one year of experience as a teacher.
(c) The report must contain information regarding working
conditions in each district based on a survey conducted by the
agency of public school educators.
SECTION 2. 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 3. 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. Any document obtained by the agency or board
under this subsection is confidential, and the agency or board, as
appropriate, shall take appropriate measures to maintain that
confidentiality.
SECTION 4. Section 21.044, Education Code, is amended to
read as follows:
Sec. 21.044. EDUCATOR PREPARATION. (a) Except as provided
by Subsection (a-1) or (a-2), 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.
(a-1) Subsection (a) does not apply to a person seeking
admission to an educator preparation program for the purpose of
obtaining certification in career and technology education,
provided the person complies with other applicable requirements for
admission.
(a-2) An educator preparation program may admit a person to
the program who does not have at least the grade point average
required by Subsection (a)(1) if the person's work, business, or
career experience demonstrates achievement. The person must submit
satisfactory documentation regarding the person's experience to
the program director, and the program must maintain the
documentation and make it available to the board on request. The
number of persons admitted under this subsection in an academic
year may not exceed five percent of the total number of program
candidates applying for admission in that year.
(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.
(c) An educator preparation program may impose requirements
in addition to the requirements imposed under this section.
SECTION 5. Subchapter B, Chapter 21, Education Code, is
amended by amending Section 21.045 and adding Sections 21.0451 and
21.0452 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 the
following 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, 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; [and]
(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.
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 [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. 21.0452. 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) if available, 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 Subsection (b)(8), the board may develop
a survey for distribution to school district principals.
(e) The board may develop procedures under which each
educator preparation program receives a designation or ranking
based on the degree of consumer satisfaction with the program. 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.
SECTION 6. 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 agency
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 subject areas in which there are shortages of
qualified teachers, as designated by the commissioner; and
(2) include a component that encourages students at or
below the college level to obtain degrees in subject areas in which
there are shortages of qualified teachers, as designated by the
commissioner, and seek subsequent certification to teach in those
subject areas.
(c) The agency shall coordinate with the Texas Higher
Education Coordinating Board as necessary in developing and
implementing the campaign.
(d) The agency 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 7. 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 shall review the early performance
of a teacher during the teacher's first year in the teaching
profession to identify the teacher's initial strengths and
weaknesses, offer any necessary suggestions for improvement, and
help prepare the teacher for the appraisal required by this
section. The review must be conducted within the first 75 days of
the school year.
SECTION 8. 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 9. Section 56.353(c), Education Code, is amended to
read as follows:
(c) If the money available for loan repayment assistance in
a period for which assistance is awarded is insufficient to provide
assistance to all eligible applicants described by Subsection (b),
the coordinating board shall establish priorities for awarding
repayment assistance first to eligible applicants described by
Subsection (b) with exceptional academic qualifications, as
determined by the coordinating board, and then awarding repayment
assistance to address the most critical teacher shortages described
by Subsection (a).
SECTION 10. 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 11. 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.