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A BILL TO BE ENTITLED
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AN ACT
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relating to educator preparation programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.035, Education Code, is amended to |
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read as follows: |
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Sec. 21.035. DELEGATION AUTHORITY; ADMINISTRATION BY |
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AGENCY. (a) The board may delegate to the commissioner any power or |
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duty granted to or imposed on the board by law, including the |
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authority to propose rules and make final orders and decisions. The |
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delegation of any authority to the commissioner must be in writing. |
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(b) The Texas Education Agency shall provide the board's |
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administrative functions and services. |
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SECTION 2. Section 21.0441(a), Education Code, is amended |
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to read as follows: |
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(a) Rules of the board proposed under this subchapter must |
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provide that a person, other than a person seeking career and |
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technology education certification, is not eligible for admission |
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to an educator preparation program, including an alternative |
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educator preparation program, unless the person: |
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(1) except as provided by Subsection (b), satisfies |
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minimum grade point average requirements prescribed by the board, |
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including [not to exceed the following]: |
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(A) an overall grade point average of at least |
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2.75 on a four-point scale or the equivalent on any course work |
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previously attempted at a public or private institution of higher |
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education; or |
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(B) a grade point average of at least 2.75 on a |
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four-point scale or the equivalent for the last 60 semester credit |
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hours attempted at a public or private institution of higher |
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education; and |
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(2) if the person is seeking initial certification: |
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(A) has successfully completed at least: |
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(i) 15 semester credit hours in the |
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subject-specific content area in which the person is seeking |
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certification, if the person is seeking certification to teach |
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mathematics or science at or above grade level seven; or |
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(ii) 12 semester credit hours in the |
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subject-specific content area in which the person is seeking |
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certification, if the person is not seeking certification to teach |
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mathematics or science at or above grade level seven; or |
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(B) has achieved a satisfactory level of |
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performance on a content certification examination, which may be a |
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content certification examination administered by a vendor |
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approved by the commissioner for purposes of administering such an |
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examination for the year for which the person is applying for |
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admission to the program. |
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SECTION 3. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Section 21.0443 to read as follows: |
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Sec. 21.0443. EDUCATOR PREPARATION PROGRAM APPROVAL AND |
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RENEWAL. (a) The board may propose rules to establish standards to |
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govern the approval or renewal of approval of: |
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(1) educator preparation programs; and |
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(2) certification fields authorized to be offered by |
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an educator preparation program. |
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(b) To be eligible for approval or renewal of approval, an |
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educator preparation program must adequately prepare candidates |
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for educator certification and meet the standards and requirements |
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of the board. |
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(c) The board shall require that each educator preparation |
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program obtain renewal of approval at least every five years. The |
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board shall adopt an evaluation process to be used in reviewing the |
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request of an educator preparation program for renewal of approval. |
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SECTION 4. Section 21.045, Education Code, is amended to |
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read as follows: |
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Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR |
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PREPARATION PROGRAMS. (a) The board may [shall] propose rules |
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necessary to establish [establishing] standards to govern the |
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[approval and] continuing accountability of all educator |
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preparation programs based on the following information that is |
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disaggregated with respect to race, [sex and] ethnicity, and other |
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factors as determined by the board: |
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(1) results of the certification examinations |
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prescribed under Section 21.048(a); |
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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, to the extent practicable; and |
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(4) results from a teacher satisfaction survey of new |
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teachers performed at the end of the teacher's first year of |
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teaching after completing an educator preparation program |
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[compliance with board requirements regarding the frequency,
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duration, and quality of structural guidance and ongoing support
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provided by field supervisors to beginning teachers during their
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first year in the classroom]. |
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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: |
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(1) the performance data from Subsection (a), other |
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than the data required for purposes of Subsection (a)(3); |
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(2) data related to the program's compliance with |
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requirements for field supervision of candidates during their |
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clinical teaching and internship experiences; [,] and |
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(3) the following information, disaggregated by race, |
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[sex and] ethnicity, and other factors as determined by the board: |
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(A) [(1)] the number of candidates who apply; |
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(B) [(2)] the number of candidates admitted; |
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(C) [(3)] the number of candidates retained; |
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(D) [(4)] the number of candidates completing |
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the program; |
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(E) [(5)] the number of candidates employed in |
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the profession after completing the program; |
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(F) [(6)] the number of candidates retained in |
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the profession; and |
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(G) [(7)] any other information required by |
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federal law. |
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(c) The board may [shall] propose rules necessary to |
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establish [establishing] performance standards for the |
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Accountability System for Educator Preparation for accrediting |
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educator preparation programs. At a minimum, performance |
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standards must be based on Subsection (a). [The board may propose
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rules establishing minimum standards for approval or renewal of
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approval of:
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[(1) educator preparation programs; or
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[(2)
certification fields authorized to be offered by
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an educator preparation program.] |
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SECTION 5. The heading to Section 21.0451, Education Code, |
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is amended to read as follows: |
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Sec. 21.0451. SANCTIONS [UNDER ACCOUNTABILITY SYSTEM] FOR |
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EDUCATOR PREPARATION PROGRAMS. |
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SECTION 6. Sections 21.0451(a), (c), and (d), Education |
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Code, are amended to read as follows: |
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(a) The board may [shall] propose rules necessary for the |
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sanction of educator preparation programs that do not meet |
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accountability standards or comply with state law or rules and |
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shall at least annually review the accreditation status of each |
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educator preparation program. The rules: |
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(1) shall provide for the assignment of the following |
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accreditation statuses: |
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(A) not rated; |
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(B) accredited; |
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(C) accredited-warned; |
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(D) accredited-probation; and |
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(E) not accredited-revoked; |
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(2) 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; and |
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(D) [if a program has been rated as
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accredited-probation under the Accountability System for Educator
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Preparation for a period of at least one year,] revoking the |
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approval of the program and ordering the program to be closed, |
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provided that the board or agency must provide the opportunity for a |
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contested case hearing [before the effective date of the closure]; |
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and |
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(3) 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 accredited-probation [under the
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Accountability System for Educator Preparation] for three |
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consecutive years, provided that the board or agency must provide |
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the opportunity for a contested case hearing [before the effective
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date of the closure]. |
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(c) A [permissive] revocation [under Subsection (a)(2) or
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required revocation under Subsection (a)(3)] must be effective for |
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a period of at least two years. After two years, the program may |
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seek renewed approval to prepare educators for state certification. |
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(d) The costs of technical assistance required under |
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Subsection (a)(2)(A) or the costs associated with the appointment |
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of a monitor under Subsection (a)(2)(C) shall be paid by the |
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[sponsor of the] educator preparation program. |
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SECTION 7. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Sections 21.04511, 21.0454, and 21.0455 to read |
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as follows: |
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Sec. 21.04511. SPECIAL ACCREDITATION INVESTIGATION. (a) |
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The board may propose rules necessary to implement this section. |
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(b) The board may authorize an investigation of an educator |
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preparation program if: |
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(1) the risk factors adopted in accordance with |
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Section 21.0454 indicate that an educator preparation program |
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presents a significant level of risk; or |
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(2) a complaint, including a complaint received under |
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the process established under Section 21.0455, indicates that an |
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educator preparation program may have violated a provision of this |
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chapter or a rule adopted under this chapter. |
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(c) Based on the results of an investigation, the board may |
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take any action regarding the educator preparation program allowed |
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under Section 21.0451(a)(2) or another provision of this chapter, |
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including: |
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(1) revoking approval or denying renewal of approval; |
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(2) lowering the program's accreditation status; |
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(3) requiring the program to obtain technical |
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assistance approved by the agency or board; |
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(4) requiring the program to obtain professional |
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services under contract with another person; and |
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(5) appointing a monitor to participate in and report |
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to the board on the activities of the program. |
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(d) If the board revokes approval or denies renewal of |
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approval for an educator preparation program, the educator |
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preparation program must have the opportunity for a contested case |
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hearing. |
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(e) Any action authorized or required to be taken against an |
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educator preparation program under this section may also be taken |
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with regard to a particular field of certification that the program |
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is authorized to offer. |
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(f) The board may take action under this section regardless |
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of an educator preparation program's performance on the measures |
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listed in Section 21.045 or accreditation status under Section |
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21.0451. |
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Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION |
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PROGRAMS; RISK-ASSESSMENT MODEL. (a) The board may propose rules |
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necessary to develop a set of risk factors to use in assessing the |
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overall risk level of each educator preparation program. The set of |
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risk factors must include: |
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(1) a history of the program's compliance with state |
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law and board rules, standards, and procedures; |
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(2) whether the program meets the accountability |
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standards under Section 21.045; and |
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(3) whether the program is accredited by other |
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organizations. |
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(b) The board shall use the set of risk factors developed |
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under Subsection (a) to guide the agency in conducting monitoring, |
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inspections, and compliance audits of educator preparation |
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programs, including evaluations associated with renewals under |
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Section 21.0443. |
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Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION |
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PROGRAMS. (a) The board may propose rules necessary to establish a |
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process for a candidate for teacher certification to direct a |
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complaint against an educator preparation program to the agency. |
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(b) The board by rule shall require an educator preparation |
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program to notify candidates for teacher certification of the |
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complaint process adopted under Subsection (a). The notice must |
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include the name, mailing address, telephone number, and Internet |
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website address of the agency for the purpose of directing |
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complaints to the agency. The educator preparation program shall |
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provide for that notification: |
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(1) on the Internet website of the educator |
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preparation program, if the program maintains a website; and |
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(2) on a sign prominently displayed in program |
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facilities. |
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(c) The board shall post the complaint process adopted under |
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Subsection (a) on the agency's Internet website. |
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(d) The board has no authority to arbitrate or resolve |
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contractual or commercial issues between an educator preparation |
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program and a candidate for teacher certification. |
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SECTION 8. This Act takes effect September 1, 2015. |