84R25713 CAE-F
By: VanDeaver H.B. No. 2566
Substitute the following for H.B. No. 2566:
By: Aycock C.S.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 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 2. 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 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 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 4. 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 after
completing an educator preparation program [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 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 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 [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 Section 21.04511 to read as follows:
Sec. 21.04511. SPECIAL ACCREDITATION INVESTIGATION. (a)
The board shall 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) If the board investigates a complaint against an
educator preparation program as provided by Subsection (b)(2), the
board may consider:
(1) the seriousness of the alleged violation;
(2) the timeliness of the complaint;
(3) the program's history of compliance with board
rules and complaints filed against the program;
(4) the source of the complaint;
(5) the feasibility of investigating the complaint;
and
(6) any other reasonable matter considered
appropriate.
(d) 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.
(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) An educator preparation program must have the
opportunity for a contested case hearing if the board revokes
approval or denies renewal of approval for:
(1) the educator preparation program; or
(2) a particular field of certification that the
educator preparation program is authorized to offer.
(g) 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.
SECTION 8. Section 21.0452(b), Education Code, is 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) 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) 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
(9) 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.
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; 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. This Act takes effect September 1, 2015.