84R11590 CAE-F
By: VanDeaver H.B. No. 2566
A BILL TO BE ENTITLED
AN ACT
relating to educator preparation programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 21.035, Education Code, is amended to
read as follows:
Sec. 21.035. DELEGATION AUTHORITY; ADMINISTRATION BY
AGENCY. (a) The board may delegate to the commissioner any power or
duty granted to or imposed on the board by law, including the
authority to propose rules and make final orders and decisions. The
delegation of any authority to the commissioner must be in writing.
(b) The Texas Education Agency shall provide the board's
administrative functions and services.
SECTION 2. Section 21.0441(a), Education Code, is amended
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
minimum grade point average requirements prescribed by the board,
including [not to exceed the following]:
(A) an overall grade point average of at least
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 2.75 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.
SECTION 3. 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 may 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 obtain renewal of approval at least every five years. The
board shall adopt an evaluation process to be used in reviewing the
request of an educator preparation program for renewal of approval.
SECTION 4. Section 21.045, Education Code, is amended to
read as follows:
Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR
PREPARATION PROGRAMS. (a) The board may [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, and other
factors as determined by the board:
(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) results from a teacher satisfaction survey of new
teachers performed at the end of the teacher's first year of
teaching after completing an educator preparation program
[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:
(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, and other factors as determined by the board:
(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 may [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 5. The heading to Section 21.0451, Education Code,
is amended to read as follows:
Sec. 21.0451. SANCTIONS [UNDER ACCOUNTABILITY SYSTEM] FOR
EDUCATOR PREPARATION PROGRAMS.
SECTION 6. Sections 21.0451(a), (c), and (d), Education
Code, are amended to read as follows:
(a) The board may [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 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 must provide
the opportunity for a contested case hearing [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. Subchapter B, Chapter 21, Education Code, is
amended by adding Sections 21.04511, 21.0454, and 21.0455 to read
as follows:
Sec. 21.04511. SPECIAL ACCREDITATION INVESTIGATION. (a)
The board may propose rules necessary to implement this section.
(b) The board may authorize an investigation of an educator
preparation program if:
(1) the risk factors adopted in accordance with
Section 21.0454 indicate that an educator preparation program
presents a significant level of risk; or
(2) a complaint, including a complaint received under
the process established under Section 21.0455, indicates that an
educator preparation program may have violated a provision of this
chapter or a rule adopted under this chapter.
(c) Based on the results of an investigation, the board may
take any action regarding the educator preparation program allowed
under Section 21.0451(a)(2) or another provision of this chapter,
including:
(1) revoking approval or denying renewal of approval;
(2) lowering the program's accreditation status;
(3) requiring the program to obtain technical
assistance approved by the agency or board;
(4) requiring the program to obtain professional
services under contract with another person; and
(5) appointing a monitor to participate in and report
to the board on the activities of the program.
(d) If the board revokes approval or denies renewal of
approval for an educator preparation program, the educator
preparation program must have the opportunity for a contested case
hearing.
(e) Any action authorized or required to be taken against an
educator preparation program under this section may also be taken
with regard to a particular field of certification that the program
is authorized to offer.
(f) The board may take action under this section regardless
of an educator preparation program's performance on the measures
listed in Section 21.045 or accreditation status under Section
21.0451.
Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION
PROGRAMS; RISK-ASSESSMENT MODEL. (a) The board may 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;
(2) whether the program meets the accountability
standards under Section 21.045; and
(3) whether the program is accredited by other
organizations.
(b) The board shall use the set of risk factors developed
under Subsection (a) 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 may 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 8. This Act takes effect September 1, 2015.