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A BILL TO BE ENTITLED
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AN ACT
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relating to educator preparation programs and educator |
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certification, performance, and recruitment. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.041, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (d) and (e) to read |
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as follows: |
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(c) The board shall propose a rule adopting a fee for the |
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issuance and maintenance of an educator certificate that, when |
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combined with any fees imposed under Subsection (d), is adequate to |
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cover the cost of administration of this subchapter. |
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(d) The board may propose a rule adopting a fee for the |
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approval or renewal of approval of an educator preparation program, |
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or for the addition of a certificate or field of certification to |
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the scope of a program's approval. A fee imposed under this |
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subsection may not exceed the amount necessary, as determined by |
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the board, to provide for the administrative cost of approving, |
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renewing the approval of, and appropriately ensuring the |
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accountability of educator preparation programs under this |
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subchapter. |
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(e) The board's rules under Subsection (b)(2) must limit the |
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duration of an emergency certificate. The board may provide for |
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exceptions from the limitation specified by the board in |
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appropriate circumstances. |
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SECTION 2. Section 21.043, Education Code, is amended to |
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read as follows: |
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Sec. 21.043. ACCESS TO INFORMATION [PEIMS DATA]. (a) The |
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agency shall provide the board with access to data obtained under |
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the Public Education Information Management System (PEIMS). |
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(b) Notwithstanding Section 21.355, a document evaluating |
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the performance of a teacher or administrator shall be provided to |
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the agency or board for purposes of this subchapter on request by |
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the agency or board. The agency or board, as appropriate, shall |
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take appropriate measures to maintain confidentiality of the |
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document. |
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SECTION 3. Section 21.044, Education Code, is amended to |
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read as follows: |
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Sec. 21.044. EDUCATOR PREPARATION. (a) A person may not be |
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admitted to an educator preparation program, including an |
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undergraduate university program, alternative certification |
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program, or postbaccalaureate program, unless the person: |
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(1) has an overall grade point average of at least 2.5 |
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on a four-point scale or the equivalent or a grade point average of |
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at least 2.5 on a four-point scale or the equivalent for the most |
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recent 60 semester credit hours completed by the person; and |
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(2) demonstrates, in the manner determined by the |
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board, basic skills in reading, writing, and mathematics. |
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(b) The board shall propose rules establishing the training |
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requirements a person must accomplish to obtain a certificate, |
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enter an internship, or enter an induction-year program. The board |
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shall specify the minimum academic qualifications required for a |
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certificate. |
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SECTION 4. Subchapter B, Chapter 21, Education Code, is |
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amended by amending Section 21.045 and adding Sections 21.0451, |
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21.0452, 21.0453, 21.0454, and 21.0486 to read as follows: |
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Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR |
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PREPARATION PROGRAMS. (a) The board shall propose rules |
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establishing standards to govern the approval and continuing |
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accountability of all educator preparation programs based on |
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information that is disaggregated with respect to sex and ethnicity |
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and that includes: |
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(1) results of the certification examinations |
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prescribed under Section 21.048(a); [and] |
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(2) performance based on the appraisal system for |
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beginning teachers adopted by the board; |
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(3) achievement, including improvement in |
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achievement, of students taught by beginning teachers for the first |
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three years following certification, as determined on the basis of |
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the measure of annual improvement under Section 39.034 and any |
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other factor considered appropriate by the board; and |
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(4) perseverance of beginning teachers in the |
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profession, as determined on the basis of the number of beginning |
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teachers who maintain status as active contributing members in the |
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Teacher Retirement System of Texas for at least three years after |
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certification in comparison to similar programs. |
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(b) Each educator preparation program shall submit data |
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elements as required by the board for an annual performance report |
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to ensure access and equity. At a minimum, the annual report must |
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contain the performance data from Subsection (a), other than the |
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data required for purposes of Subsection (a)(3), and the following |
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information, disaggregated by sex and ethnicity: |
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(1) the number of candidates who apply; |
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(2) the number of candidates admitted; |
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(3) the number of candidates retained; |
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(4) the number of candidates completing the program; |
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(5) the number of candidates employed in the |
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profession after completing the program; and |
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(6) the number of candidates retained in the |
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profession. |
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(c) The board shall propose rules establishing performance |
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standards for the Accountability System for Educator Preparation |
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for accrediting educator preparation programs. At a minimum, |
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performance standards must be based on Subsection (a). The board |
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may propose rules establishing minimum standards for approval or |
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renewal of approval of: |
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(1) educator preparation programs; |
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(2) certification fields authorized to be offered by |
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an educator preparation program; or |
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(3) physical locations at which an educator |
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preparation program operates. |
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(d) The board shall propose rules establishing standards |
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for the designation of high-performance educator preparation |
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programs as recognized or exemplary. |
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Sec. 21.0451. SANCTIONS UNDER ACCOUNTABILITY SYSTEM FOR |
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EDUCATOR PREPARATION PROGRAMS. (a) The board shall propose rules |
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for the sanction of educator preparation programs that do not meet |
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accountability standards and shall annually review the |
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accreditation status of each educator preparation program. The |
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rules: |
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(1) may provide for the agency to take any necessary |
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action, including one or more of the following actions: |
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(A) requiring the program to obtain technical |
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assistance approved by the agency or board; |
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(B) requiring the program to obtain professional |
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services under contract with another person; |
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(C) appointing a monitor to participate in and |
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report to the board on the activities of the program; |
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(D) appointing a conservator to direct the |
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operations of the program; |
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(E) if a program is rated as unacceptable under |
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the Accountability System for Educator Preparation, appointing a |
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board of managers to exercise the powers and duties of the governing |
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body of the program with respect to the program; and |
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(F) if a program has been rated as unacceptable |
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under the Accountability System for Educator Preparation for two |
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consecutive rating periods, revoking the approval of the program |
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and ordering the program to be closed, provided that the board or |
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agency must provide the opportunity for a hearing before the |
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effective date of the closure; and |
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(2) shall provide for the agency to revoke the |
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approval of the program and order the program to be closed if the |
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program has been rated as unacceptable under the Accountability |
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System for Educator Preparation for three consecutive rating |
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periods, provided that the board or agency must provide the |
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opportunity for a hearing before the effective date of the closure. |
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(b) Any action authorized or required to be taken against an |
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educator preparation program under Subsection (a) may also be taken |
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with regard to a particular field of certification authorized to be |
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offered by an educator preparation program. |
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(c) A conservator or board of managers appointed under |
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Subsection (a) may: |
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(1) direct any action to be taken by the educator |
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preparation program; |
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(2) disapprove any action taken by the educator |
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preparation program; or |
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(3) take any action on behalf of the educator |
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preparation program. |
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(d) A permissive revocation under Subsection (a)(1) or |
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required revocation under Subsection (a)(2) must be effective for a |
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period of at least two years. After two years, the program may seek |
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renewed approval to prepare educators for state certification. |
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(e) The costs of technical assistance required under |
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Subsection (a)(1)(A) or the costs associated with the appointment |
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of a monitor, conservator, or board of managers under Subsection |
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(a)(1)(C), (D), or (E) shall be paid by the sponsor of the educator |
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preparation program. |
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Sec. 21.0452. REVIEW OF EDUCATOR PREPARATION PROGRAMS. (a) |
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The board and the Texas Higher Education Coordinating Board |
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biennially shall conduct a review and assessment of the performance |
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of educator preparation programs and issue reports of the resulting |
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evaluations of the programs. The review and assessment may be |
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conducted in conjunction with an independent entity with experience |
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and expertise in research regarding effective instructional |
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techniques and the preparation of educators. |
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(b) The commissioner shall adopt rules necessary to |
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implement this section [(d) The executive director of the board
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shall appoint an oversight team of educators to make
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recommendations and provide assistance to educator preparation
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programs that do not meet accreditation standards. If, after one
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year, an educator preparation program has not fulfilled the
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recommendations of the oversight team, the executive director shall
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appoint a person to administer and manage the operations of the
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program. If the program does not improve after two years, the board
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shall revoke the approval of the program to prepare educators for
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state certification]. |
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Sec. 21.0453. CONSUMER INFORMATION REGARDING EDUCATOR |
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PREPARATION PROGRAMS. (a) To assist persons interested in |
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obtaining teaching certification in selecting an educator |
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preparation program, the board shall make available through the |
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board's Internet website consumer information regarding educator |
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preparation programs available in this state. |
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(b) The board shall determine the specific information made |
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available but shall make efforts to ensure that the following |
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information is provided for each educator preparation program: |
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(1) the average academic qualifications possessed by |
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persons admitted to the program or other information indicating the |
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quality of persons admitted to the program; and |
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(2) the degree to which persons who complete the |
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program are successful in obtaining teaching positions. |
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(c) The board may require an educator preparation program to |
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provide information to the board for purposes of this section. |
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Sec. 21.0454. TEXAS TEACHING SCHOLARS PROGRAM. (a) The |
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board by rule shall establish the Texas Teaching Scholars program |
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to provide for the recognition and support of not more than three |
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educator preparation programs in this state that are exceptionally |
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effective in preparing persons to enter the teaching profession. |
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(b) The board shall select educator preparation programs |
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for participation in the Texas Teaching Scholars program based on |
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applications submitted by interested educator preparation |
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programs. Any type of educator preparation program may apply, |
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including traditional programs, alternative programs, and programs |
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developed by school districts. |
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(c) Applications submitted under Subsection (b) must be |
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evaluated on a competitive basis according to criteria established |
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by the board. To the extent feasible, the board shall attempt to |
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select diverse types of educator preparation programs. The |
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criteria established by the board must require that a selected |
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educator preparation program: |
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(1) require persons seeking admission to the educator |
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preparation program to meet high academic standards for admission |
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and maintain high academic standards after admission; |
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(2) focus on subject area knowledge especially |
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necessary to teach at the secondary school level; |
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(3) provide for field work and training in |
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instructional design and classroom management; |
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(4) provide professional support during the initial |
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years in the teaching profession for persons who complete the |
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educator preparation program; and |
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(5) enter into partnerships with school districts to |
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facilitate placement in teaching positions of persons who complete |
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the educator preparation program. |
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(d) The board shall rigorously monitor the performance of |
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each educator preparation program selected for participation in the |
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Texas Teaching Scholars program to ensure that the educator |
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preparation program continues to meet standards established by the |
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board. The board may terminate an educator preparation program's |
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participation in the Texas Teaching Scholars program if the |
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educator preparation program ceases to meet those standards. |
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(e) For purposes of Subsection (d), the board may require |
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each selected educator preparation program to provide any |
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information regarding the educator preparation program requested |
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by the board, including information relating to the academic |
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performance of students receiving instruction from persons who |
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completed the educator preparation program. |
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(f) Subject to the availability of funds appropriated for |
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the purpose, the board shall provide grants to each selected |
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educator preparation program to enable the educator preparation |
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program to expand and prepare additional persons to enter the |
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teaching profession. |
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Sec. 21.0486. TEXAS PERFORMANCE CERTIFICATION. (a) The |
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board, in conjunction with the commissioner, may establish a Texas |
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performance certification program as an option for persons entering |
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the teaching profession. |
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(b) Under the program, the board and commissioner may |
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provide that a person who elects to receive a Texas performance |
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certificate is entitled to receive various incentives in exchange |
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for complying with requirements that are designed to ensure a high |
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level of performance in the classroom. |
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(c) The board may propose rules and the commissioner may |
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adopt rules necessary to implement the program authorized under |
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this section. |
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SECTION 5. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Section 21.061 to read as follows: |
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Sec. 21.061. TEACHER RECRUITMENT CAMPAIGN. (a) The board |
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shall develop and implement a comprehensive statewide media |
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campaign to recruit qualified persons to enter the teaching |
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profession. |
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(b) The campaign shall: |
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(1) give emphasis to recruiting persons from all |
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levels to teach in the subject areas of mathematics and science; and |
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(2) include a component that encourages students at or |
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below the college level to obtain degrees in the subject areas of |
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mathematics and science and seek subsequent certification to teach |
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in those subject areas. |
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(c) The board shall coordinate with the Texas Higher |
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Education Coordinating Board as necessary in developing and |
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implementing the campaign. |
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(d) The board shall solicit and may accept grants, gifts, |
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and donations from public and private entities to pay the costs of |
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developing and implementing the campaign. |
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SECTION 6. Section 21.352, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) In addition to appraising teachers in accordance with |
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this section, a school district may review the performance of a |
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teacher during the teacher's first year in the teaching profession |
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to identify the teacher's initial strengths and weaknesses and |
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offer any necessary suggestions for improvement. |
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SECTION 7. Section 21.553(c), Education Code, is amended to |
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read as follows: |
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(c) The State Board for Educator Certification shall |
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propose rules establishing criteria for awarding financial |
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incentives under this section, including criteria for awarding |
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financial incentives if there are more participants than funds |
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available to provide the financial incentives. The criteria for |
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awarding financial incentives in circumstances involving |
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insufficient available funding must provide that the highest |
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priority is given to participants with exceptional academic |
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qualifications, as determined by the board, who seek certification |
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in the subject area of mathematics or science. |
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SECTION 8. Section 21.044(a)(2), Education Code, as added |
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by this Act, applies only to a person who seeks admission to an |
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educator preparation program that begins instruction on or after |
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January 1, 2010. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |