80R18800 E

By: Eissler H.B. No. 3421

Substitute the following for H.B. No. 3421:

By: Patrick C.S.H.B. No. 3421

A BILL TO BE ENTITLED

AN ACT

relating to accountability systems for public school educator preparation programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 21.041, Education Code, is amended by amending Subsection (c) and adding Subsection (d) 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.

SECTION 2. 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. The agency or board, as appropriate, shall take appropriate measures to maintain confidentiality of the document.

SECTION 3. 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 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.

(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) 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.

(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;

(2) certification fields authorized to be offered by an educator preparation program; or

(3) physical locations at which an educator preparation program operates.

(d) The board shall propose rules establishing standards for the designation of high-performance educator preparation programs as exemplary.

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) 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;

(D) appointing a conservator to direct the operations of the program;

(E) if a program is rated as unacceptable under the Accountability System for Educator Preparation, appointing a board of managers to exercise the powers and duties of the governing body of the program with respect to the program; and

(F) if a program has been rated as unacceptable under the Accountability System for Educator Preparation for two consecutive rating periods, 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

(2) 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 unacceptable under the Accountability System for Educator Preparation for three consecutive rating periods, 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 conservator or board of managers appointed under Subsection (a) may:

(1) direct any action to be taken by the educator preparation program;

(2) disapprove any action taken by the educator preparation program; or

(3) take any action on behalf of the educator preparation program.

(d) A permissive revocation under Subsection (a)(1) or required revocation under Subsection (a)(2) 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.

(e) The costs of technical assistance required under Subsection (a)(1)(A) or the costs associated with the appointment of a monitor, conservator, or board of managers under Subsections (a)(1)(C), (D), or (E) shall be paid by the sponsor of the educator preparation program.

Sec. 21.0452. REVIEW OF EDUCATOR PREPARATION PROGRAMS. (a) The board and the Texas Higher Education Coordinating Board biennially shall conduct a review and assessment of the performance of educator preparation programs and issue reports of the resulting evaluations of the programs. The review and assessment may be conducted in conjunction with an independent entity with experience and expertise in research regarding effective instructional techniques and the preparation of educators.

(b) The commissioner shall adopt rules necessary to implement this section. [(d) 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.]

SECTION 4. 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, 2007.