81R13335 KKA-F
 
  By: Eissler 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.  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 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.  Section 21.044, Education Code, is amended to
  read as follows:
         Sec. 21.044.  EDUCATOR PREPARATION. (a) 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.
         (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.
         SECTION 4.  Subchapter B, Chapter 21, Education Code, is
  amended by amending Section 21.045 and adding Sections 21.0451,
  21.0452, 21.0453, 21.0454, and 21.0486 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;
               (3)  achievement, including improvement in
  achievement, of students taught by beginning teachers for the first
  three years following certification, as determined on the basis of
  the measure of annual improvement under Section 39.034 and any
  other factor considered appropriate by the board; and
               (4)  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.
         (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.
         (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 recognized or 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 Subsection
  (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].
         Sec. 21.0453.  CONSUMER INFORMATION REGARDING EDUCATOR
  PREPARATION PROGRAMS. (a) To assist persons interested in
  obtaining teaching certification in selecting an educator
  preparation program, the board shall make available through the
  board's Internet website consumer information regarding educator
  preparation programs available in this state.
         (b)  The board shall determine the specific information made
  available but shall make efforts to ensure that the following
  information is provided for each educator preparation program:
               (1)  the average academic qualifications possessed by
  persons admitted to the program or other information indicating the
  quality of persons admitted to the program; and
               (2)  the degree to which persons who complete the
  program are successful in obtaining teaching positions.
         (c)  The board may require an educator preparation program to
  provide information to the board for purposes of this section.
         Sec. 21.0454.  TEXAS TEACHING SCHOLARS PROGRAM. (a) The
  board by rule shall establish the Texas Teaching Scholars program
  to provide for the recognition and support of not more than three
  educator preparation programs in this state that are exceptionally
  effective in preparing persons to enter the teaching profession.
         (b)  The board shall select educator preparation programs
  for participation in the Texas Teaching Scholars program based on
  applications submitted by interested educator preparation
  programs. Any type of educator preparation program may apply,
  including traditional programs, alternative programs, and programs
  developed by school districts.
         (c)  Applications submitted under Subsection (b) must be
  evaluated on a competitive basis according to criteria established
  by the board. To the extent feasible, the board shall attempt to
  select diverse types of educator preparation programs. The
  criteria established by the board must require that a selected
  educator preparation program:
               (1)  require persons seeking admission to the educator
  preparation program to meet high academic standards for admission
  and maintain high academic standards after admission;
               (2)  focus on subject area knowledge especially
  necessary to teach at the secondary school level;
               (3)  provide for field work and training in
  instructional design and classroom management;
               (4)  provide professional support during the initial
  years in the teaching profession for persons who complete the
  educator preparation program; and
               (5)  enter into partnerships with school districts to
  facilitate placement in teaching positions of persons who complete
  the educator preparation program.
         (d)  The board shall rigorously monitor the performance of
  each educator preparation program selected for participation in the
  Texas Teaching Scholars program to ensure that the educator
  preparation program continues to meet standards established by the
  board. The board may terminate an educator preparation program's
  participation in the Texas Teaching Scholars program if the
  educator preparation program ceases to meet those standards.
         (e)  For purposes of Subsection (d), the board may require
  each selected educator preparation program to provide any
  information regarding the educator preparation program requested
  by the board, including information relating to the academic
  performance of students receiving instruction from persons who
  completed the educator preparation program.
         (f)  Subject to the availability of funds appropriated for
  the purpose, the board shall provide grants to each selected
  educator preparation program to enable the educator preparation
  program to expand and prepare additional persons to enter the
  teaching profession.
         Sec. 21.0486.  TEXAS PERFORMANCE CERTIFICATION. (a) The
  board, in conjunction with the commissioner, may establish a Texas
  performance certification program as an option for persons entering
  the teaching profession.
         (b)  Under the program, the board and commissioner may
  provide that a person who elects to receive a Texas performance
  certificate is entitled to receive various incentives in exchange
  for complying with requirements that are designed to ensure a high
  level of performance in the classroom.
         (c)  The board may propose rules and the commissioner may
  adopt rules necessary to implement the program authorized under
  this section.
         SECTION 5.  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 board
  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 the subject areas of mathematics and science; and
               (2)  include a component that encourages students at or
  below the college level to obtain degrees in the subject areas of
  mathematics and science and seek subsequent certification to teach
  in those subject areas.
         (c)  The board shall coordinate with the Texas Higher
  Education Coordinating Board as necessary in developing and
  implementing the campaign.
         (d)  The board 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 6.  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 may review the performance of a
  teacher during the teacher's first year in the teaching profession
  to identify the teacher's initial strengths and weaknesses and
  offer any necessary suggestions for improvement.
         SECTION 7.  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 8.  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 9.  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.