81R26310 KKA-F

By: Eissler H.B. No. 3421

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

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

A BILL TO BE ENTITLED

AN ACT

relating to educator preparation programs and educator certification, performance, and recruitment.

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

SECTION 1. Subchapter A, Chapter 21, Education Code, is amended by adding Section 21.008 to read as follows:

Sec. 21.008. BIENNIAL REPORT ON EDUCATORS. (a) Not later than December 1 of each even-numbered year, the agency shall prepare, publish, and submit to the legislature a report regarding public school staffing and the working conditions for public school educators.

(b) The report must contain staffing information for each campus, including at least the following:

(1) the percentage of teachers assigned to teach subjects outside their areas of expertise or certification;

(2) the percentage of teachers employed under emergency certificates;

(3) teacher turnover rates; and

(4) the number and percentage of teachers who have less than one year of experience as a teacher.

(c) The report must contain information regarding working conditions in each district based on a survey conducted by the agency of public school educators.

SECTION 2. Section 21.041, Education Code, is amended by amending Subsection (c) and adding Subsections (d) and (e) 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.

(e) The board's rules under Subsection (b)(2) must limit the duration of an emergency certificate. The board may provide for exceptions from the limitation specified by the board in appropriate circumstances.

SECTION 3. 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. Any document obtained by the agency or board under this subsection is confidential, and the agency or board, as appropriate, shall take appropriate measures to maintain that confidentiality.

SECTION 4. Section 21.044, Education Code, is amended to read as follows:

Sec. 21.044. EDUCATOR PREPARATION. (a) Except as provided by Subsection (a-1) or (a-2), a person may not be admitted to an educator preparation program, including an undergraduate university program, alternative certification program, or postbaccalaureate program, unless the person:

(1) has an overall grade point average of at least 2.5 on a four-point scale or the equivalent or a grade point average of at least 2.5 on a four-point scale or the equivalent for the most recent 60 semester credit hours completed by the person; and

(2) demonstrates, in the manner determined by the board, basic skills in reading, writing, and mathematics.

(a-1) Subsection (a) does not apply to a person seeking admission to an educator preparation program for the purpose of obtaining certification in career and technology education, provided the person complies with other applicable requirements for admission.

(a-2) An educator preparation program may admit a person to the program who does not have at least the grade point average required by Subsection (a)(1) if the person's work, business, or career experience demonstrates achievement. The person must submit satisfactory documentation regarding the person's experience to the program director, and the program must maintain the documentation and make it available to the board on request. The number of persons admitted under this subsection in an academic year may not exceed five percent of the total number of program candidates applying for admission in that year.

(b) The board shall propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program. The board shall specify the minimum academic qualifications required for a certificate.

(c) An educator preparation program may impose requirements in addition to the requirements imposed under this section.

SECTION 5. 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 the following 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;

(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 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 the performance data from Subsection (a), other than the data required for purposes of Subsection (a)(3), 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; and

(7) any other information required by federal law.

(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; or

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

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) 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 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 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 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 [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].

Sec. 21.0452. CONSUMER INFORMATION REGARDING EDUCATOR PREPARATION PROGRAMS. (a) To assist persons interested in obtaining teaching certification in selecting an educator preparation program and assist school districts in making staffing decisions, the board shall make information regarding educator programs in this state available to the public through the board's Internet website.

(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) if available, 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.

(c) For purposes of Subsection (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 Subsection (b)(8), the board may develop a survey for distribution to school district principals.

(e) The board may develop procedures under which each educator preparation program receives a designation or ranking based on the degree of consumer satisfaction with the program. If the board develops procedures under this subsection, the designation or ranking received by each program must be included in the information made available under this section.

(f) In addition to other information required to be made available under this section, the board shall provide information identifying employment opportunities for teachers in the various regions of this state. The board shall specifically identify each region of this state in which a shortage of qualified teachers exists.

(g) The board may require any person to provide information to the board for purposes of this section.

SECTION 6. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.061 to read as follows:

Sec. 21.061. TEACHER RECRUITMENT CAMPAIGN. (a) The agency shall develop and implement a comprehensive statewide media campaign to recruit qualified persons to enter the teaching profession.

(b) The campaign shall:

(1) give emphasis to recruiting persons from all levels to teach in subject areas in which there are shortages of qualified teachers, as designated by the commissioner; and

(2) include a component that encourages students at or below the college level to obtain degrees in subject areas in which there are shortages of qualified teachers, as designated by the commissioner, and seek subsequent certification to teach in those subject areas.

(c) The agency shall coordinate with the Texas Higher Education Coordinating Board as necessary in developing and implementing the campaign.

(d) The agency shall solicit and may accept grants, gifts, and donations from public and private entities to pay the costs of developing and implementing the campaign.

SECTION 7. Section 21.352, Education Code, is amended by adding Subsection (e) to read as follows:

(e) In addition to appraising teachers in accordance with this section, a school district shall review the early performance of a teacher during the teacher's first year in the teaching profession to identify the teacher's initial strengths and weaknesses, offer any necessary suggestions for improvement, and help prepare the teacher for the appraisal required by this section. The review must be conducted within the first 75 days of the school year.

SECTION 8. Section 21.553(c), Education Code, is amended to read as follows:

(c) The State Board for Educator Certification shall propose rules establishing criteria for awarding financial incentives under this section, including criteria for awarding financial incentives if there are more participants than funds available to provide the financial incentives. The criteria for awarding financial incentives in circumstances involving insufficient available funding must provide that the highest priority is given to participants with exceptional academic qualifications, as determined by the board, who seek certification in the subject area of mathematics or science.

SECTION 9. Section 56.353(c), Education Code, is amended to read as follows:

(c) If the money available for loan repayment assistance in a period for which assistance is awarded is insufficient to provide assistance to all eligible applicants described by Subsection (b), the coordinating board shall establish priorities for awarding repayment assistance first to eligible applicants described by Subsection (b) with exceptional academic qualifications, as determined by the coordinating board, and then awarding repayment assistance to address the most critical teacher shortages described by Subsection (a).

SECTION 10. Section 21.044(a)(2), Education Code, as added by this Act, applies only to a person who seeks admission to an educator preparation program that begins instruction on or after January 1, 2010.

SECTION 11. 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, 2009.