Texas 2015 84th Regular

Texas House Bill HB2205 Engrossed / Bill

Filed 05/17/2015

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                    By: Crownover, VanDeaver H.B. No. 2205


 A BILL TO BE ENTITLED
 AN ACT
 re
 lating to educator preparation programs and appointment to the
 State Board for Educator Certification, including the appointment
 of a nonvoting member with experience and knowledge of alternative
 educator preparation programs.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 21.033(a), Education Code, is amended to
 read as follows:
 (a)  The State Board for Educator Certification is composed
 of 15 [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 two nonvoting members. The governor shall appoint a
 dean of a college of education in this state as one of the [a]
 nonvoting members [member]. The governor shall appoint a person who
 has experience working for and knowledge of an alternative educator
 preparation program and who is not affiliated with an institution
 of higher education as one of the nonvoting members. 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.
 SECTION 2.  Section 21.035, Education Code, is amended to
 read as follows:
 Sec. 21.035.  DELEGATION AUTHORITY; ADMINISTRATION BY
 AGENCY.  (a) The board is permitted to make a written delegation of
 authority to the commissioner or the agency to informally dispose
 of a contested case involving educator certification.
 (b)  The agency [Texas Education Agency] shall provide the
 board's administrative functions and services.
 SECTION 3.  Section 21.044(b), Education Code, is amended to
 read as follows:
 (b)  Any minimum academic qualifications for a certificate
 specified under Subsection (a) that require a person to possess a
 bachelor's degree must also require that the person receive, as
 part of the training required to obtain that certificate
 [curriculum for that degree], instruction in detection and
 education of students with dyslexia.  [This subsection does not
 apply to a person who obtains a certificate through an alternative
 certification program adopted under Section 21.049.]
 SECTION 4.  Subchapter B, Chapter 21, Education Code, is
 amended by adding Section 21.0443 to read as follows:
 Sec. 21.0443.  EDUCATOR PREPARATION PROGRAM APPROVAL AND
 RENEWAL. (a) The board shall propose rules to establish standards
 to govern the approval or renewal of approval of:
 (1)  educator preparation programs; and
 (2)  certification fields authorized to be offered by
 an educator preparation program.
 (b)  To be eligible for approval or renewal of approval, an
 educator preparation program must adequately prepare candidates
 for educator certification and meet the standards and requirements
 of the board.
 (c)  The board shall require that each educator preparation
 program be reviewed for renewal of approval at least every five
 years. The board shall adopt an evaluation process to be used in
 reviewing an educator preparation program for renewal of approval.
 SECTION 5.  Section 21.045, Education Code, is amended to
 read as follows:
 Sec. 21.045.  ACCOUNTABILITY SYSTEM FOR EDUCATOR
 PREPARATION PROGRAMS. (a) The board shall propose rules necessary
 to establish [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 race, 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 candidates completing
 student teaching, clinical teaching, or an internship; and
 (5)  results from a teacher satisfaction survey,
 developed by the board with stakeholder input, of new teachers
 performed at the end of the teacher's first year of teaching
 [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:
 (1)  the performance data from Subsection (a), other
 than the data required for purposes of Subsection (a)(3);
 (2)  data related to the program's compliance with
 requirements for field supervision of candidates during their
 clinical teaching and internship experiences; [,] and
 (3)  the following information, disaggregated by race,
 sex, and ethnicity:
 (A) [(1)]  the number of candidates who apply;
 (B) [(2)]  the number of candidates admitted;
 (C) [(3)]  the number of candidates retained;
 (D) [(4)]  the number of candidates completing
 the program;
 (E) [(5)]  the number of candidates employed in
 the profession after completing the program;
 (F) [(6)]  the number of candidates retained in
 the profession; and
 (G) [(7)]  any other information required by
 federal law.
 (c)  The board shall propose rules necessary to establish
 [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.]
 SECTION 6.  Sections 21.0451(a), (c), and (d), Education
 Code, are amended to read as follows:
 (a)  The board shall propose rules necessary for the sanction
 of educator preparation programs that do not meet accountability
 standards or comply with state law or rules and shall at least
 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 has provided [must provide] the opportunity for
 a contested case 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 has provided
 [must provide] the opportunity for a contested case hearing; and
 (4)  shall provide the board procedure for changing the
 accreditation status of a program that:
 (A)  does not meet the accreditation standards
 established under Section 21.045(a); or
 (B)  violates a board or agency regulation [before
 the effective date of the closure].
 (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.
 SECTION 7.  Sections 21.0452(b), (c), and (d), Education
 Code, are amended to read as follows:
 (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)  for each semester, the average ratio of field
 supervisors to candidates completing student teaching, clinical
 teaching, or an internship in an educator preparation program;
 (7)  the percentage of teachers employed under a
 standard teaching certificate within one year of completing the
 program;
 (8)  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;
 (9) [(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]
 (10) [(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; and
 (11)  the results of teacher satisfaction surveys
 developed under Section 21.045 and given to program participants at
 the end of the first year of teaching.
 (c)  For purposes of Subsection (b)(9) [(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)(9) [(b)(7)] and (10)
 [(8)], the board shall develop surveys for distribution to program
 participants and school principals.
 SECTION 8.  Subchapter B, Chapter 21, Education Code, is
 amended by adding Sections 21.0454 and 21.0455 to read as follows:
 Sec. 21.0454.  RISK FACTORS FOR EDUCATOR PREPARATION
 PROGRAMS; RISK-ASSESSMENT MODEL. (a) The board shall propose
 rules necessary to develop a set of risk factors to use in assessing
 the overall risk level of each educator preparation program. The
 set of risk factors must include:
 (1)  a history of the program's compliance with state
 law and board rules, standards, and procedures, with consideration
 given to:
 (A)  the seriousness of any violation of a rule,
 standard or procedure;
 (B)  whether the violation resulted in an action
 being taken against the program;
 (C)  whether the violation was promptly remedied
 by the program;
 (D)  the number of alleged violations; and
 (E)  any other matter considered to be appropriate
 in evaluating the program's compliance history; and
 (2)  whether the program meets the accountability
 standards under Section 21.045.
 (b)  The set of risk factors developed by the board may
 include whether an educator preparation program is accredited by
 other organizations.
 (c)  The board shall use the set of risk factors to guide the
 agency in conducting monitoring, inspections, and compliance
 audits of educator preparation programs, including evaluations
 associated with renewals under Section 21.0443.
 Sec. 21.0455.  COMPLAINTS REGARDING EDUCATOR PREPARATION
 PROGRAMS. (a) The board shall propose rules necessary to establish
 a process for a candidate for teacher certification to direct a
 complaint against an educator preparation program to the agency.
 (b)  The board by rule shall require an educator preparation
 program to notify candidates for teacher certification of the
 complaint process adopted under Subsection (a). The notice must
 include the name, mailing address, telephone number, and Internet
 website address of the agency for the purpose of directing
 complaints to the agency. The educator preparation program shall
 provide for that notification:
 (1)  on the Internet website of the educator
 preparation program, if the program maintains a website; and
 (2)  on a sign prominently displayed in program
 facilities.
 (c)  The board shall post the complaint process adopted under
 Subsection (a) on the agency's Internet website.
 (d)  The board has no authority to arbitrate or resolve
 contractual or commercial issues between an educator preparation
 program and a candidate for teacher certification.
 SECTION 9.  Subchapter B, Chapter 21, Education Code, is
 amended by adding Section 21.0461 to read as follows:
 Sec. 21.0461.  SCHOOL TURNAROUND SPECIALIST ENDORSEMENT TO
 PRINCIPAL CERTIFICATE. (a) The board shall propose rules
 establishing the training requirements and course work a principal
 must successfully complete to receive a school turnaround
 specialist endorsement as an addendum to a principal certificate.
 In proposing the rules, the board shall ensure that each person who
 receives the endorsement demonstrates the knowledge and skills
 necessary to significantly improve teacher and student performance
 at a campus assigned a performance rating of unacceptable under
 Section 39.054.
 (b)  The board shall solicit proposals for a school
 turnaround specialist endorsement program from appropriate
 educator preparation programs, including alternative education
 preparation programs.  From among school turnaround specialist
 endorsement programs proposed to the board that are capable of
 satisfying the requirements prescribed by Subsection (c), the board
 may select not more than three of the programs that may be offered
 to principals.
 (c)  A school turnaround specialist endorsement program
 under this section must:
 (1)  partner with one or more school districts that
 need principals with the training and education necessary to
 significantly improve teacher and student performance at one or
 more campuses assigned a performance rating of unacceptable under
 Section 39.054;
 (2)  have appropriately qualified faculty to:
 (A)  conduct a campus leadership-needs analysis;
 (B)  develop and provide the training and course
 work required by rules proposed under this section; and
 (C)  provide necessary support to program
 candidates;
 (3)  establish a selective admissions process to ensure
 that each principal admitted to the program:
 (A)  possesses a significant knowledge of
 educational organizations, educational instruction, and teacher
 professional development;
 (B)  demonstrates the ability to develop and
 implement campus-based systems that result in increased capacity
 for improving student learning; and
 (C)  demonstrates the attributes of principals
 who have significantly improved teacher and student performance at
 underperforming campuses;
 (4)  offer a full-time internship that continues for at
 least one semester and provides meaningful interaction with the
 central administrative office of a school district; and
 (5)  collaborate with school districts to provide
 program participants who complete the program continued support for
 at least two years after the participants' initial assignment to a
 campus.
 (d)  To be eligible for admission to a school turnaround
 specialist endorsement program under this section, a principal
 must:
 (1)  hold a principal certificate;
 (2)  have served as a principal or assistant principal
 for at least three school years before applying to the program;
 (3)  demonstrate significant knowledge of educational
 organizations, educational instruction, and teacher professional
 development;
 (4)  demonstrate the attributes of principals who have
 significantly improved teacher and student performance at
 underperforming campuses; and
 (5)  provide evidence of the ability to develop and
 implement campus-based systems that result in increased capacity
 for improving student learning.
 (e)  The board shall periodically evaluate school turnaround
 specialist endorsement programs selected under this section. For
 purposes of evaluating the programs, the board shall require each
 program to submit data, as determined appropriate by the board, for
 each year and at each five-year interval.
 SECTION 10.  As soon as practicable after the effective date
 of this Act, the governor shall appoint as a nonvoting member of the
 State Board for Educator Certification a person who has experience
 working for and knowledge of an alternative educator preparation
 program and who is not affiliated with an institution of higher
 education, as required by Section 21.033(a), Education Code, as
 amended by this Act.
 SECTION 11.  (a) Not later than January 1, 2016, the State
 Board for Educator Certification shall propose rules relating to
 the school turnaround specialist endorsement to the school
 principal certificate as provided by Section 21.0461, Education
 Code, as added by this Act.
 (b)  Not later than March 1, 2016, the State Board for
 Educator Certification shall solicit proposals for a school
 turnaround specialist endorsement program as provided by Section
 21.0461, Education Code, as added by this Act.
 SECTION 12.  This Act takes effect September 1, 2015.