H.B. No. 2205
AN ACT
relating to the State Board for Educator Certification, educator
preparation programs, educator certification, issuance of certain
teaching permits, and certain procedures for investigating
educator misconduct.
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. Section 21.0441, Education Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) Rules of the board proposed under this subchapter must
provide that a person, other than a person seeking career and
technology education certification, is not eligible for admission
to an educator preparation program, including an alternative
educator preparation program, unless the person:
(1) except as provided by Subsection (b), satisfies
the following minimum grade point average requirements [prescribed
by the board, not to exceed the following]:
(A) an overall grade point average of at least
2.50 [2.75] on a four-point scale or the equivalent on any course
work previously attempted at a public or private institution of
higher education; or
(B) a grade point average of at least 2.50 [2.75]
on a four-point scale or the equivalent for the last 60 semester
credit hours attempted at a public or private institution of higher
education; and
(2) if the person is seeking initial certification:
(A) has successfully completed at least:
(i) 15 semester credit hours in the
subject-specific content area in which the person is seeking
certification, if the person is seeking certification to teach
mathematics or science at or above grade level seven; or
(ii) 12 semester credit hours in the
subject-specific content area in which the person is seeking
certification, if the person is not seeking certification to teach
mathematics or science at or above grade level seven; or
(B) has achieved a satisfactory level of
performance on a content certification examination, which may be a
content certification examination administered by a vendor
approved by the commissioner for purposes of administering such an
examination for the year for which the person is applying for
admission to the program.
(c) The overall grade point average of each incoming class
admitted by an educator preparation program, including an
alternative educator preparation program, may not be less than 3.00
on a four-point scale or the equivalent or a higher overall grade
point average prescribed by the board. In computing the overall
grade point average of an incoming class for purposes of this
subsection, a program may:
(1) include the grade point average of each person in
the incoming class based on all course work previously attempted by
the person at a public or private institution of higher education;
or
(2) include the grade point average of each person in
the incoming class based only on the last 60 semester credit hours
attempted by the person at a public or private institution of higher
education.
(d) A person seeking career and technology education
certification is not included in determining the overall grade
point average of an incoming class under Subsection (c).
SECTION 5. 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 6. 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;
(3) [, and] 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 as
beginning teachers under standard teaching certificates by not
later than the first anniversary of [in the profession after]
completing the program;
(F) the amount of time required by candidates
employed as beginning teachers under probationary teaching
certificates to be issued standard teaching certificates;
(G) [(6)] the number of candidates retained in
the profession; and
(H) [(7)] any other information required by
federal law;
(4) the ratio of field supervisors to candidates
completing student teaching, clinical teaching, or an internship;
and
(5) any other information necessary to enable the
board to assess the effectiveness of the program on the basis of
teacher retention and success criteria adopted by the board.
(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 7. 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 8. 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 9. 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 10. Section 21.048(a), Education Code, as amended
by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
(a) The board shall propose rules prescribing comprehensive
examinations for each class of certificate issued by the board. The
commissioner [board] shall determine the satisfactory level of
performance required for each certification examination. For the
issuance of a generalist certificate, the commissioner [board]
shall require a satisfactory level of examination performance in
each core subject covered by the examination.
SECTION 11. Section 21.048, Education Code, is amended by
amending Subsections (a-1) and (c-1) and adding Subsection (a-2) to
read as follows:
(a-1) The board may not require that more than 45 days
elapse before a person may retake an examination. A person may not
retake an examination more than four times, unless the board waives
the limitation for good cause as prescribed by the board.
(a-2) For purposes of the limitation imposed by Subsection
(a-1) on the number of administrations of an examination, a person
who initially took an examination before September 1, 2015, may
retake the examination up to four times after that date, regardless
of the number of times that the person attempted to perform
satisfactorily on the examination before that date. This
subsection expires September 1, 2018.
(c-1) The results of an examination administered under this
section are confidential and are not subject to disclosure under
Chapter 552, Government Code, unless[:
[(1)] the disclosure is regarding notification to a
parent of the assignment of an uncertified teacher to a classroom as
required by Section 21.057[; or
[(2) the educator has failed the examination more than
five times].
SECTION 12. Section 21.055, Education Code, is amended by
amending Subsection (b) and adding Subsection (d-1) to read as
follows:
(b) To be eligible for a school district teaching permit
under this section, a person must hold a baccalaureate degree.
[This subsection does not apply to a person who will teach only
career and technology education.]
(d-1) Subsections (b), (c), and (d) do not apply to a person
who will teach only noncore academic career and technical education
courses. A school district board of trustees may issue a school
district teaching permit to a person who will teach courses only in
career and technical education based on qualifications certified by
the superintendent of the school district. Qualifications must
include demonstrated subject matter expertise such as professional
work experience, formal training and education, holding an active
professional relevant industry license, certification, or
registration, or any combination of work experience, training and
education, or industry license, certification, or registration, in
the subject matter to be taught. The superintendent of the school
district shall certify to the board of trustees that a new employee
has undergone a criminal background check and is capable of proper
classroom management. A school district shall require a new
employee to obtain at least 20 hours of classroom management
training and to comply with continuing education requirements as
determined by the board of trustees. A person may teach a career
and technical education course immediately upon issuance of a
permit under this subsection. Promptly after employing a person
who qualifies under this subsection, the board of trustees shall
send to the commissioner a written statement identifying the
person, the course the person will teach, and the person's
qualifications to teach the course.
SECTION 13. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.062 to read as follows:
Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an
investigation by the commissioner of an educator for an alleged
incident of misconduct, the commissioner may issue a subpoena to
compel the production, for inspection or copying, of relevant
evidence that is located in this state.
(b) A subpoena may be served personally or by certified
mail.
(c) If a person fails to comply with a subpoena, the
commissioner, acting through the attorney general, may file suit to
enforce the subpoena in a district court in this state. On finding
that good cause exists for issuing the subpoena, the court shall
order the person to comply with the subpoena. The court may punish
a person who fails to obey the court order.
(d) All information and materials subpoenaed or compiled in
connection with an investigation described by Subsection (a) are
confidential and not subject to disclosure under Chapter 552,
Government Code.
(e) Except as provided by a protective order, and
notwithstanding Subsection (d), all information and materials
subpoenaed or compiled in connection with an investigation
described by Subsection (a) may be used in a disciplinary
proceeding against an educator based on an alleged incident of
misconduct.
SECTION 14. 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 15. Not later than January 1, 2016, the State Board
for Educator Certification shall develop criteria for evaluation of
educator preparation programs based on teacher retention and
success as required by Section 21.045(b)(5), Education Code, as
added by this Act. The State Board for Educator Certification shall
consult with the Texas Higher Education Coordinating Board and
educator preparation programs in developing the criteria. The Texas
Higher Education Coordinating Board shall participate and provide
recommendations regarding the criteria.
SECTION 16. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2205 was passed by the House on May
15, 2015, by the following vote: Yeas 126, Nays 5, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 2205 on May 29, 2015, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 2205 on May 31, 2015, by the following vote: Yeas 125,
Nays 16, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2205 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 28, Nays
3; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2205 on May 31, 2015, by the following vote: Yeas 19, Nays 12.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor