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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 21.035,
Education Code, is amended to read as follows:
Sec. 21.035. DELEGATION
AUTHORITY; ADMINISTRATION BY AGENCY. (a) The board may delegate to the commissioner any power or
duty granted to or imposed on the board by law, including the authority to
propose rules and make final orders and decisions. The delegation of any
authority to the commissioner must be in writing.
(b) The Texas
Education Agency shall provide the board's administrative functions and
services.
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SECTION 1. Section 21.035,
Education Code, is amended to read as follows:
Sec. 21.035. DELEGATION
AUTHORITY; ADMINISTRATION BY AGENCY. (a) The board is permitted to make a written delegation of
authority to the commissioner or the agency to informally dispose of a
contested case involving educator certification.
(b) The agency
[Texas Education Agency] shall provide the board's administrative
functions and services.
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SECTION 2. Section
21.0441(a), Education Code, is amended to read as follows:
(a) Rules of the board
proposed under this subchapter must provide that a person, other than a
person seeking career and technology education certification, is not eligible
for admission to an educator preparation program, including an alternative
educator preparation program, unless the person:
(1) except as provided by
Subsection (b), satisfies minimum grade point average requirements
prescribed by the board, including [not to exceed the following]:
(A) an overall grade point
average of at least 2.75 on a four-point scale or the equivalent on any
course work previously attempted at a public or private institution of
higher education; or
(B) a grade point average of
at least 2.75 on a four-point scale or the equivalent for the last 60
semester credit hours attempted at a public or private institution of
higher education; and
(2) if the person is seeking
initial certification:
(A) has successfully
completed at least:
(i) 15 semester credit hours
in the subject-specific content area in which the person is seeking
certification, if the person is seeking certification to teach mathematics
or science at or above grade level seven; or
(ii) 12 semester credit hours
in the subject-specific content area in which the person is seeking
certification, if the person is not seeking certification to teach
mathematics or science at or above grade level seven; or
(B) has achieved a
satisfactory level of performance on a content certification examination,
which may be a content certification examination administered by a vendor
approved by the commissioner for purposes of administering such an
examination for the year for which the person is applying for admission to
the program.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 2. Section 21.044(b),
Education Code, is amended to read as follows:
(b) Any minimum academic
qualifications for a certificate specified under Subsection (a) that
require a person to possess a bachelor's degree must also require that the
person receive, as part of the training required to obtain that
certificate [curriculum for that degree], instruction in
detection and education of students with dyslexia. [This subsection does
not apply to a person who obtains a certificate through an alternative
certification program adopted under Section 21.049.]
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SECTION 3. Subchapter B,
Chapter 21, Education Code, is amended by adding Section 21.0443 to read as
follows:
Sec. 21.0443. EDUCATOR
PREPARATION PROGRAM APPROVAL AND RENEWAL. (a) The board may propose rules to establish standards
to govern the approval or renewal of approval of:
(1) educator preparation
programs; and
(2) certification fields
authorized to be offered by an educator preparation program.
(b) To be eligible for
approval or renewal of approval, an educator preparation program must
adequately prepare candidates for educator certification and meet the
standards and requirements of the board.
(c) The board shall
require that each educator preparation program obtain renewal of approval at least every five years. The
board shall adopt an evaluation process to be used in reviewing the request of an educator preparation
program for renewal of approval.
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SECTION 3. Subchapter B,
Chapter 21, Education Code, is amended by adding Section 21.0443 to read as
follows:
Sec. 21.0443. EDUCATOR
PREPARATION PROGRAM APPROVAL AND RENEWAL. (a) The board shall propose rules to establish standards
to govern the approval or renewal of approval of:
(1) educator preparation
programs; and
(2) certification fields
authorized to be offered by an educator preparation program.
(b) To be eligible for
approval or renewal of approval, an educator preparation program must
adequately prepare candidates for educator certification and meet the standards
and requirements of the board.
(c) The board shall
require that each educator preparation program be reviewed for renewal of approval at least every five
years. The board shall adopt an evaluation process to be used in reviewing
an educator preparation program for renewal of approval.
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SECTION 4. Section 21.045,
Education Code, is amended to read as follows:
Sec. 21.045. ACCOUNTABILITY
SYSTEM FOR EDUCATOR PREPARATION PROGRAMS. (a) The board may [shall]
propose rules necessary to establish [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 race, [sex and] ethnicity, and
other factors as determined by the board:
(1) results of the
certification examinations prescribed under Section 21.048(a);
(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) results from a teacher
satisfaction survey of new teachers performed at the end of the teacher's
first year of teaching after completing an educator preparation program
[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:
(1) the performance
data from Subsection (a), other than the data required for purposes of
Subsection (a)(3);
(2) data related to the
program's compliance with requirements for field supervision of candidates
during their clinical teaching and internship experiences; [,]
and
(3) the following
information, disaggregated by race, [sex and] ethnicity, and
other factors as determined by the board:
(A) [(1)] the
number of candidates who apply;
(B) [(2)] the
number of candidates admitted;
(C) [(3)] the
number of candidates retained;
(D) [(4)] the
number of candidates completing the program;
(E) [(5)] the
number of candidates employed in the profession after completing the
program;
(F) [(6)] the
number of candidates retained in the profession; and
(G) [(7)] any
other information required by federal law.
(c) The board may [shall]
propose rules necessary to establish [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.]
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SECTION 4. Section 21.045,
Education Code, is amended to read as follows:
Sec. 21.045. ACCOUNTABILITY
SYSTEM FOR EDUCATOR PREPARATION PROGRAMS. (a) The board shall propose rules necessary to
establish [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 race,
sex, and ethnicity:
(1) results of the
certification examinations prescribed under Section 21.048(a);
(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 candidates completing student teaching, clinical
teaching, or an internship; and
(5) results from a teacher
satisfaction survey, developed by the board
with stakeholder input, of new teachers performed at the end of the
teacher's first year of teaching after completing an educator preparation
program [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:
(1) the performance
data from Subsection (a), other than the data required for purposes of
Subsection (a)(3);
(2) data related to the
program's compliance with requirements for field supervision of candidates
during their clinical teaching and internship experiences; [,]
and
(3) the following
information, disaggregated by race, sex,
and ethnicity:
(A) [(1)] the
number of candidates who apply;
(B) [(2)] the
number of candidates admitted;
(C) [(3)] the
number of candidates retained;
(D) [(4)] the
number of candidates completing the program;
(E) [(5)] the
number of candidates employed in the profession after completing the
program;
(F) [(6)] the
number of candidates retained in the profession; and
(G) [(7)] any
other information required by federal law.
(c) The board shall propose rules necessary to
establish [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.]
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SECTION 5. The heading to
Section 21.0451, Education Code, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 6. Sections
21.0451(a), (c), and (d), Education Code, are amended to read as follows:
(a) The board may [shall]
propose rules necessary for the sanction of educator preparation
programs that do not meet accountability standards or comply with state
law or rules and shall at least 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 contested case 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 contested case hearing [before
the effective date of the closure].
(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.
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SECTION 6. Sections
21.0451(a), (c), and (d), Education Code, are amended to read as follows:
(a) The board shall propose rules necessary for
the sanction of educator preparation programs that do not meet
accountability standards or comply with state law or rules and shall
at least 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 has provided [must provide] the opportunity for
a contested case 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 has
provided [must provide]
the opportunity for a contested case hearing [before the
effective date of the closure].
(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.
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SECTION 7. Subchapter B,
Chapter 21, Education Code, is amended by adding Sections 21.04511,
21.0454, and 21.0455 to read as follows:
Sec. 21.04511. SPECIAL
ACCREDITATION INVESTIGATION. (a) The board may
propose rules necessary to implement this section.
(b) The board may
authorize an investigation of an educator preparation program if:
(1) the risk factors
adopted in accordance with Section 21.0454 indicate that an educator
preparation program presents a significant level of risk; or
(2) a complaint, including
a complaint received under the process established under Section 21.0455,
indicates that an educator preparation program may have violated a
provision of this chapter or a rule adopted under this chapter.
(c) Based on the results
of an investigation, the board may take any action regarding the educator
preparation program allowed under Section 21.0451(a)(2) or another
provision of this chapter, including:
(1) revoking approval or
denying renewal of approval;
(2) lowering the program's
accreditation status;
(3) requiring the program
to obtain technical assistance approved by the agency or board;
(4) requiring the program
to obtain professional services under contract with another person; and
(5) appointing a monitor
to participate in and report to the board on the activities of the program.
(d) If the board revokes
approval or denies renewal of approval for an educator preparation program,
the educator preparation program must have the opportunity for a contested
case hearing.
(e) Any action authorized
or required to be taken against an educator preparation program under this
section may also be taken with regard to a particular field of
certification that the program is authorized to offer.
(See Subsection (d)
above.)
(f) The board may take
action under this section regardless of an educator preparation program's
performance on the measures listed in Section 21.045 or accreditation
status under Section 21.0451.
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SECTION 7. Subchapter B,
Chapter 21, Education Code, is amended by adding Section 21.04511 to read
as follows:
Sec. 21.04511. SPECIAL
ACCREDITATION INVESTIGATION. (a) The board shall
propose rules necessary to implement this section.
(b) The board may authorize
an investigation of an educator preparation program if:
(1) the risk factors
adopted in accordance with Section 21.0454 indicate that an educator
preparation program presents a significant level of risk; or
(2) a complaint, including
a complaint received under the process established under Section 21.0455,
indicates that an educator preparation program may have violated a
provision of this chapter or a rule adopted under this chapter.
(c) If the board investigates a complaint against an educator preparation
program as provided by Subsection (b)(2), the board may consider:
(1) the seriousness of the alleged violation;
(2) the timeliness of the complaint;
(3) the program's history of compliance with board rules and
complaints filed against the program;
(4) the source of the complaint;
(5) the feasibility of investigating the complaint; and
(6) any other reasonable matter considered appropriate.
(d) Based on the results
of an investigation, the board may take any action regarding the educator
preparation program allowed under Section 21.0451(a)(2) or another
provision of this chapter, including:
(1) revoking approval or
denying renewal of approval;
(2) lowering the program's
accreditation status;
(3) requiring the program
to obtain technical assistance approved by the agency or board;
(4) requiring the program
to obtain professional services under contract with another person; and
(5) appointing a monitor
to participate in and report to the board on the activities of the program.
(See Subsection (f) below.)
(e) Any action authorized
or required to be taken against an educator preparation program under this
section may also be taken with regard to a particular field of
certification that the program is authorized to offer.
(f) An educator preparation
program must have the opportunity for a contested case hearing if the board
revokes approval or denies renewal of approval for:
(1) the educator
preparation program; or
(2) a particular field of certification that the educator
preparation program is authorized to offer.
(g) The board may take
action under this section regardless of an educator preparation program's
performance on the measures listed in Section 21.045 or accreditation
status under Section 21.0451.
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Sec. 21.0454. RISK FACTORS
FOR EDUCATOR PREPARATION PROGRAMS; RISK-ASSESSMENT MODEL. (a) The board may propose rules necessary to develop a
set of risk factors to use in assessing the overall risk level of each
educator preparation program. The set of risk factors must include:
(1) a history of the
program's compliance with state law and board rules, standards, and
procedures;
(2) whether the program
meets the accountability standards under Section 21.045; and
(3) whether the program is
accredited by other organizations.
(b) The board shall use
the set of risk factors developed under Subsection (a) to guide the agency
in conducting monitoring, inspections, and compliance audits of educator
preparation programs, including evaluations associated with renewals under
Section 21.0443.
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SECTION 9. Subchapter B,
Chapter 21, Education Code, is amended by adding Sections 21.0454 and
21.0455 to read as follows:
Sec. 21.0454. RISK FACTORS
FOR EDUCATOR PREPARATION PROGRAMS; RISK-ASSESSMENT MODEL. (a) The board shall propose rules necessary to develop a
set of risk factors to use in assessing the overall risk level of each
educator preparation program. The set of risk factors must include:
(1) a history of the
program's compliance with state law and board rules, standards, and
procedures; and
(2) whether the program
meets the accountability standards under Section 21.045.
(b) The set of risk factors developed by the board
may include whether an educator preparation program is accredited by
other organizations.
(c) The board shall use
the set of risk factors to guide the agency in conducting monitoring,
inspections, and compliance audits of educator preparation programs,
including evaluations associated with renewals under Section 21.0443.
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Sec. 21.0455. COMPLAINTS
REGARDING EDUCATOR PREPARATION PROGRAMS. (a) The board may propose rules necessary to establish a
process for a candidate for teacher certification to direct a complaint
against an educator preparation program to the agency.
(b) The board by rule
shall require an educator preparation program to notify candidates for
teacher certification of the complaint process adopted under Subsection
(a). The notice must include the name, mailing address, telephone number,
and Internet website address of the agency for the purpose of directing
complaints to the agency. The educator preparation program shall provide
for that notification:
(1) on the Internet
website of the educator preparation program, if the program maintains a
website; and
(2) on a sign prominently
displayed in program facilities.
(c) The board shall post
the complaint process adopted under Subsection (a) on the agency's Internet
website.
(d) The board has no
authority to arbitrate or resolve contractual or commercial issues between
an educator preparation program and a candidate for teacher certification.
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Sec. 21.0455. COMPLAINTS
REGARDING EDUCATOR PREPARATION PROGRAMS. (a) The board shall propose rules necessary to establish
a process for a candidate for teacher certification to direct a complaint
against an educator preparation program to the agency.
(b) The board by rule
shall require an educator preparation program to notify candidates for
teacher certification of the complaint process adopted under Subsection
(a). The notice must include the name, mailing address, telephone number,
and Internet website address of the agency for the purpose of directing
complaints to the agency. The educator preparation program shall provide
for that notification:
(1) on the Internet
website of the educator preparation program, if the program maintains a
website; and
(2) on a sign prominently
displayed in program facilities.
(c) The board shall post
the complaint process adopted under Subsection (a) on the agency's Internet
website.
(d) The board has no
authority to arbitrate or resolve contractual or commercial issues between
an educator preparation program and a candidate for teacher certification.
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No
equivalent provision.
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SECTION 8. Section
21.0452(b), Education Code, is amended to read as follows:
(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) 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; and
(9) the results of teacher
satisfaction surveys developed under Section 21.045 and given to program
participants at the end of the first year of teaching.
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SECTION 8. This Act takes
effect September 1, 2015.
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SECTION 10. Same as introduced
version.
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