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.