84R11590 CAE-F

By: VanDeaver H.B. No. 2566

A BILL TO BE ENTITLED

AN ACT

relating to educator preparation programs.

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

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.

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.

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.

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.]

SECTION 5. The heading to Section 21.0451, Education Code, is amended to read as follows:

Sec. 21.0451. SANCTIONS [UNDER ACCOUNTABILITY SYSTEM] FOR EDUCATOR PREPARATION PROGRAMS.

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.

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.

(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.

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.

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.

SECTION 8. This Act takes effect September 1, 2015.