By: Crownover, VanDeaver H.B. No. 2205

A BILL TO BE ENTITLED

AN ACT

re lating to educator preparation programs and appointment to the State Board for Educator Certification, including the appointment of a nonvoting member with experience and knowledge of alternative educator preparation programs.

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

SECTION 1. Section 21.033(a), Education Code, is amended to read as follows:

(a) The State Board for Educator Certification is composed of 15 [14] members. The commissioner of education shall appoint an employee of the agency to represent the commissioner as a nonvoting member. The commissioner of higher education shall appoint an employee of the Texas Higher Education Coordinating Board to represent the commissioner as a nonvoting member. The governor shall appoint two nonvoting members. The governor shall appoint a dean of a college of education in this state as one of the [a] nonvoting members [member]. The governor shall appoint a person who has experience working for and knowledge of an alternative educator preparation program and who is not affiliated with an institution of higher education as one of the nonvoting members. The remaining 11 members are appointed by the governor with the advice and consent of the senate, as follows:

(1) four members must be teachers employed in public schools;

(2) two members must be public school administrators;

(3) one member must be a public school counselor; and

(4) four members must be citizens, three of whom are not and have not, in the five years preceding appointment, been employed by a public school district or by an educator preparation program in an institution of higher education and one of whom is not and has not been employed by a public school district or by an educator preparation program in an institution of higher education.

SECTION 2. 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.

SECTION 3. 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.]

SECTION 4. 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.

SECTION 5. 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 [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.]

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; and

(4) shall provide the board procedure for changing the accreditation status of a program that:

(A) does not meet the accreditation standards established under Section 21.045(a); or

(B) violates a board or agency regulation [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.

SECTION 7. Sections 21.0452(b), (c), and (d), Education Code, are 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) for each semester, the average ratio of field supervisors to candidates completing student teaching, clinical teaching, or an internship in an educator preparation program;

(7) the percentage of teachers employed under a standard teaching certificate within one year of completing the program;

(8) 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;

(9) [(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]

(10) [(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

(11) 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.

(c) For purposes of Subsection (b)(9) [(b)(7)], the board shall require an educator preparation program to distribute an exit survey that a program participant must complete before the participant is eligible to receive a certificate under this subchapter.

(d) For purposes of Subsections (b)(9) [(b)(7)] and (10) [(8)], the board shall develop surveys for distribution to program participants and school principals.

SECTION 8. 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, with consideration given to:

(A) the seriousness of any violation of a rule, standard or procedure;

(B) whether the violation resulted in an action being taken against the program;

(C) whether the violation was promptly remedied by the program;

(D) the number of alleged violations; and

(E) any other matter considered to be appropriate in evaluating the program's compliance history; 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.

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.

SECTION 9. Subchapter B, Chapter 21, Education Code, is amended by adding Section 21.0461 to read as follows:

Sec. 21.0461. SCHOOL TURNAROUND SPECIALIST ENDORSEMENT TO PRINCIPAL CERTIFICATE. (a) The board shall propose rules establishing the training requirements and course work a principal must successfully complete to receive a school turnaround specialist endorsement as an addendum to a principal certificate. In proposing the rules, the board shall ensure that each person who receives the endorsement demonstrates the knowledge and skills necessary to significantly improve teacher and student performance at a campus assigned a performance rating of unacceptable under Section 39.054.

(b) The board shall solicit proposals for a school turnaround specialist endorsement program from appropriate educator preparation programs, including alternative education preparation programs. From among school turnaround specialist endorsement programs proposed to the board that are capable of satisfying the requirements prescribed by Subsection (c), the board may select not more than three of the programs that may be offered to principals.

(c) A school turnaround specialist endorsement program under this section must:

(1) partner with one or more school districts that need principals with the training and education necessary to significantly improve teacher and student performance at one or more campuses assigned a performance rating of unacceptable under Section 39.054;

(2) have appropriately qualified faculty to:

(A) conduct a campus leadership-needs analysis;

(B) develop and provide the training and course work required by rules proposed under this section; and

(C) provide necessary support to program candidates;

(3) establish a selective admissions process to ensure that each principal admitted to the program:

(A) possesses a significant knowledge of educational organizations, educational instruction, and teacher professional development;

(B) demonstrates the ability to develop and implement campus-based systems that result in increased capacity for improving student learning; and

(C) demonstrates the attributes of principals who have significantly improved teacher and student performance at underperforming campuses;

(4) offer a full-time internship that continues for at least one semester and provides meaningful interaction with the central administrative office of a school district; and

(5) collaborate with school districts to provide program participants who complete the program continued support for at least two years after the participants' initial assignment to a campus.

(d) To be eligible for admission to a school turnaround specialist endorsement program under this section, a principal must:

(1) hold a principal certificate;

(2) have served as a principal or assistant principal for at least three school years before applying to the program;

(3) demonstrate significant knowledge of educational organizations, educational instruction, and teacher professional development;

(4) demonstrate the attributes of principals who have significantly improved teacher and student performance at underperforming campuses; and

(5) provide evidence of the ability to develop and implement campus-based systems that result in increased capacity for improving student learning.

(e) The board shall periodically evaluate school turnaround specialist endorsement programs selected under this section. For purposes of evaluating the programs, the board shall require each program to submit data, as determined appropriate by the board, for each year and at each five-year interval.

SECTION 10. As soon as practicable after the effective date of this Act, the governor shall appoint as a nonvoting member of the State Board for Educator Certification a person who has experience working for and knowledge of an alternative educator preparation program and who is not affiliated with an institution of higher education, as required by Section 21.033(a), Education Code, as amended by this Act.

SECTION 11. (a) Not later than January 1, 2016, the State Board for Educator Certification shall propose rules relating to the school turnaround specialist endorsement to the school principal certificate as provided by Section 21.0461, Education Code, as added by this Act.

(b) Not later than March 1, 2016, the State Board for Educator Certification shall solicit proposals for a school turnaround specialist endorsement program as provided by Section 21.0461, Education Code, as added by this Act.

SECTION 12. This Act takes effect September 1, 2015.