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AN ACT
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relating to the State Board for Educator Certification, educator |
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preparation programs, educator certification, issuance of certain |
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teaching permits, and certain procedures for investigating |
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educator misconduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.033(a), Education Code, is amended to |
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read as follows: |
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(a) The State Board for Educator Certification is composed |
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of 15 [14] members. The commissioner of education shall appoint an |
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employee of the agency to represent the commissioner as a nonvoting |
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member. The commissioner of higher education shall appoint an |
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employee of the Texas Higher Education Coordinating Board to |
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represent the commissioner as a nonvoting member. The governor |
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shall appoint two nonvoting members. The governor shall appoint a |
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dean of a college of education in this state as one of the [a] |
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nonvoting members [member]. The governor shall appoint a person who |
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has experience working for and knowledge of an alternative educator |
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preparation program and who is not affiliated with an institution |
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of higher education as one of the nonvoting members. The remaining |
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11 members are appointed by the governor with the advice and consent |
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of the senate, as follows: |
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(1) four members must be teachers employed in public |
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schools; |
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(2) two members must be public school administrators; |
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(3) one member must be a public school counselor; and |
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(4) four members must be citizens, three of whom are |
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not and have not, in the five years preceding appointment, been |
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employed by a public school district or by an educator preparation |
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program in an institution of higher education and one of whom is not |
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and has not been employed by a public school district or by an |
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educator preparation program in an institution of higher education. |
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SECTION 2. 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 is permitted to make a written delegation of |
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authority to the commissioner or the agency to informally dispose |
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of a contested case involving educator certification. |
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(b) The agency [Texas Education Agency] shall provide the |
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board's administrative functions and services. |
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SECTION 3. Section 21.044(b), Education Code, is amended to |
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read as follows: |
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(b) Any minimum academic qualifications for a certificate |
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specified under Subsection (a) that require a person to possess a |
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bachelor's degree must also require that the person receive, as |
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part of the training required to obtain that certificate |
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[curriculum for that degree], instruction in detection and |
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education of students with dyslexia. [This subsection does not
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apply to a person who obtains a certificate through an alternative
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certification program adopted under Section 21.049.] |
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SECTION 4. Section 21.0441, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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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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the following minimum grade point average requirements [prescribed
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by the board, not to exceed the following]: |
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(A) an overall grade point average of at least |
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2.50 [2.75] on a four-point scale or the equivalent on any course |
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work previously attempted at a public or private institution of |
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higher education; or |
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(B) a grade point average of at least 2.50 [2.75] |
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on a four-point scale or the equivalent for the last 60 semester |
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credit 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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(c) The overall grade point average of each incoming class |
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admitted by an educator preparation program, including an |
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alternative educator preparation program, may not be less than 3.00 |
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on a four-point scale or the equivalent or a higher overall grade |
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point average prescribed by the board. In computing the overall |
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grade point average of an incoming class for purposes of this |
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subsection, a program may: |
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(1) include the grade point average of each person in |
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the incoming class based on all course work previously attempted by |
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the person at a public or private institution of higher education; |
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or |
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(2) include the grade point average of each person in |
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the incoming class based only on the last 60 semester credit hours |
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attempted by the person at a public or private institution of higher |
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education. |
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(d) A person seeking career and technology education |
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certification is not included in determining the overall grade |
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point average of an incoming class under Subsection (c). |
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SECTION 5. 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 shall propose rules to establish standards |
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to 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 be reviewed for renewal of approval at least every five |
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years. The board shall adopt an evaluation process to be used in |
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reviewing an educator preparation program for renewal of approval. |
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SECTION 6. 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 shall propose rules necessary |
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to establish [establishing] standards to govern the [approval and] |
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continuing accountability of all educator preparation programs |
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based on the following information that is disaggregated with |
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respect to race, sex, and ethnicity: |
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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; |
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[and] |
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(4) compliance with board requirements regarding the |
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frequency, duration, and quality of structural guidance and ongoing |
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support provided by field supervisors to candidates completing |
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student teaching, clinical teaching, or an internship; and |
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(5) results from a teacher satisfaction survey, |
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developed by the board with stakeholder input, of new teachers |
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performed at the end of the teacher's first year of teaching |
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[beginning teachers during their 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; |
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(3) [, and] the following information, disaggregated |
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by race, sex, and ethnicity: |
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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 as |
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beginning teachers under standard teaching certificates by not |
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later than the first anniversary of [in the profession after] |
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completing the program; |
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(F) the amount of time required by candidates |
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employed as beginning teachers under probationary teaching |
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certificates to be issued standard teaching certificates; |
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(G) [(6)] the number of candidates retained in |
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the profession; and |
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(H) [(7)] any other information required by |
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federal law; |
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(4) the ratio of field supervisors to candidates |
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completing student teaching, clinical teaching, or an internship; |
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and |
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(5) any other information necessary to enable the |
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board to assess the effectiveness of the program on the basis of |
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teacher retention and success criteria adopted by the board. |
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(c) The board shall propose rules necessary to establish |
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[establishing] performance standards for the Accountability System |
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for Educator Preparation for accrediting educator preparation |
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programs. At a minimum, performance standards must be based on |
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Subsection (a). [The board may propose rules establishing minimum
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standards for approval or renewal of 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 7. 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 shall propose rules necessary for the sanction |
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of educator preparation programs that do not meet accountability |
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standards or comply with state law or rules and shall at least |
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annually review the accreditation status of each educator |
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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 approval |
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of the program and ordering the program to be closed, provided that |
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the board or agency has provided [must provide] the opportunity for |
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a contested case hearing [before the effective date of the
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closure]; [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 has provided |
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[must provide] the opportunity for a contested case hearing; and |
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(4) shall provide the board procedure for changing the |
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accreditation status of a program that: |
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(A) does not meet the accreditation standards |
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established under Section 21.045(a); or |
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(B) violates a board or agency regulation [before
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the effective 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 8. Sections 21.0452(b), (c), and (d), Education |
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Code, are amended to read as follows: |
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(b) The board shall make available at least the following |
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information regarding each educator preparation program: |
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(1) the information specified in Sections 21.045(a) |
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and (b); |
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(2) in addition to any other appropriate information |
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indicating the quality of persons admitted to the program, the |
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average academic qualifications possessed by persons admitted to |
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the program, including: |
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(A) average overall grade point average and |
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average grade point average in specific subject areas; and |
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(B) average scores on the Scholastic Assessment |
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Test (SAT), the American College Test (ACT), or the Graduate Record |
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Examination (GRE), as applicable; |
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(3) the degree to which persons who complete the |
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program are successful in obtaining teaching positions; |
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(4) the extent to which the program prepares teachers, |
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including general education teachers and special education |
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teachers, to effectively teach: |
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(A) students with disabilities; and |
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(B) students of limited English proficiency, as |
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defined by Section 29.052; |
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(5) the activities offered by the program that are |
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designed to prepare teachers to: |
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(A) integrate technology effectively into |
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curricula and instruction, including activities consistent with |
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the principles of universal design for learning; and |
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(B) use technology effectively to collect, |
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manage, and analyze data to improve teaching and learning for the |
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purpose of increasing student academic achievement; |
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(6) for each semester, the average ratio of field |
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supervisors to candidates completing student teaching, clinical |
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teaching, or an internship in an educator preparation program; |
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(7) the percentage of teachers employed under a |
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standard teaching certificate within one year of completing the |
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program; |
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(8) the perseverance of beginning teachers in the |
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profession, as determined on the basis of the number of beginning |
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teachers who maintain status as active contributing members in the |
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Teacher Retirement System of Texas for at least three years after |
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certification in comparison to similar programs; |
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(9) [(7)] the results of exit surveys given to program |
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participants on completion of the program that involve evaluation |
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of the program's effectiveness in preparing participants to succeed |
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in the classroom; [and] |
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(10) [(8)] the results of surveys given to school |
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principals that involve evaluation of the program's effectiveness |
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in preparing participants to succeed in the classroom, based on |
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experience with employed program participants; and |
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(11) the results of teacher satisfaction surveys |
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developed under Section 21.045 and given to program participants at |
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the end of the first year of teaching. |
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(c) For purposes of Subsection (b)(9) [(b)(7)], the board |
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shall require an educator preparation program to distribute an exit |
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survey that a program participant must complete before the |
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participant is eligible to receive a certificate under this |
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subchapter. |
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(d) For purposes of Subsections (b)(9) [(b)(7)] and (10) |
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[(8)], the board shall develop surveys for distribution to program |
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participants and school principals. |
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SECTION 9. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Sections 21.0454 and 21.0455 to read as follows: |
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Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION |
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PROGRAMS; RISK-ASSESSMENT MODEL. (a) The board shall propose |
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rules necessary to develop a set of risk factors to use in assessing |
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the overall risk level of each educator preparation program. The |
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set of 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, with consideration |
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given to: |
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(A) the seriousness of any violation of a rule, |
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standard or procedure; |
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(B) whether the violation resulted in an action |
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being taken against the program; |
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(C) whether the violation was promptly remedied |
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by the program; |
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(D) the number of alleged violations; and |
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(E) any other matter considered to be appropriate |
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in evaluating the program's compliance history; and |
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(2) whether the program meets the accountability |
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standards under Section 21.045. |
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(b) The set of risk factors developed by the board may |
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include whether an educator preparation program is accredited by |
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other organizations. |
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(c) The board shall use the set of risk factors to guide the |
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agency in conducting monitoring, inspections, and compliance |
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audits of educator preparation programs, including evaluations |
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associated with renewals under Section 21.0443. |
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Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION |
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PROGRAMS. (a) The board shall propose rules necessary to establish |
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a 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 10. Section 21.048(a), Education Code, as amended |
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by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and amended to |
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read as follows: |
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(a) The board shall propose rules prescribing comprehensive |
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examinations for each class of certificate issued by the board. The |
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commissioner [board] shall determine the satisfactory level of |
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performance required for each certification examination. For the |
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issuance of a generalist certificate, the commissioner [board] |
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shall require a satisfactory level of examination performance in |
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each core subject covered by the examination. |
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SECTION 11. Section 21.048, Education Code, is amended by |
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amending Subsections (a-1) and (c-1) and adding Subsection (a-2) to |
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read as follows: |
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(a-1) The board may not require that more than 45 days |
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elapse before a person may retake an examination. A person may not |
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retake an examination more than four times, unless the board waives |
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the limitation for good cause as prescribed by the board. |
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(a-2) For purposes of the limitation imposed by Subsection |
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(a-1) on the number of administrations of an examination, a person |
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who initially took an examination before September 1, 2015, may |
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retake the examination up to four times after that date, regardless |
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of the number of times that the person attempted to perform |
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satisfactorily on the examination before that date. This |
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subsection expires September 1, 2018. |
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(c-1) The results of an examination administered under this |
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section are confidential and are not subject to disclosure under |
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Chapter 552, Government Code, unless[:
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[(1)] the disclosure is regarding notification to a |
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parent of the assignment of an uncertified teacher to a classroom as |
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required by Section 21.057[; or
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[(2)
the educator has failed the examination more than
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five times]. |
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SECTION 12. Section 21.055, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (d-1) to read as |
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follows: |
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(b) To be eligible for a school district teaching permit |
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under this section, a person must hold a baccalaureate degree. |
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[This subsection does not apply to a person who will teach only
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career and technology education.] |
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(d-1) Subsections (b), (c), and (d) do not apply to a person |
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who will teach only noncore academic career and technical education |
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courses. A school district board of trustees may issue a school |
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district teaching permit to a person who will teach courses only in |
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career and technical education based on qualifications certified by |
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the superintendent of the school district. Qualifications must |
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include demonstrated subject matter expertise such as professional |
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work experience, formal training and education, holding an active |
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professional relevant industry license, certification, or |
|
registration, or any combination of work experience, training and |
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education, or industry license, certification, or registration, in |
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the subject matter to be taught. The superintendent of the school |
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district shall certify to the board of trustees that a new employee |
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has undergone a criminal background check and is capable of proper |
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classroom management. A school district shall require a new |
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employee to obtain at least 20 hours of classroom management |
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training and to comply with continuing education requirements as |
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determined by the board of trustees. A person may teach a career |
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and technical education course immediately upon issuance of a |
|
permit under this subsection. Promptly after employing a person |
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who qualifies under this subsection, the board of trustees shall |
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send to the commissioner a written statement identifying the |
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person, the course the person will teach, and the person's |
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qualifications to teach the course. |
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SECTION 13. Subchapter B, Chapter 21, Education Code, is |
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amended by adding Section 21.062 to read as follows: |
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Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an |
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investigation by the commissioner of an educator for an alleged |
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incident of misconduct, the commissioner may issue a subpoena to |
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compel the production, for inspection or copying, of relevant |
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evidence that is located in this state. |
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(b) A subpoena may be served personally or by certified |
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mail. |
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(c) If a person fails to comply with a subpoena, the |
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commissioner, acting through the attorney general, may file suit to |
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enforce the subpoena in a district court in this state. On finding |
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that good cause exists for issuing the subpoena, the court shall |
|
order the person to comply with the subpoena. The court may punish |
|
a person who fails to obey the court order. |
|
(d) All information and materials subpoenaed or compiled in |
|
connection with an investigation described by Subsection (a) are |
|
confidential and not subject to disclosure under Chapter 552, |
|
Government Code. |
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(e) Except as provided by a protective order, and |
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notwithstanding Subsection (d), all information and materials |
|
subpoenaed or compiled in connection with an investigation |
|
described by Subsection (a) may be used in a disciplinary |
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proceeding against an educator based on an alleged incident of |
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misconduct. |
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SECTION 14. As soon as practicable after the effective date |
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of this Act, the governor shall appoint as a nonvoting member of the |
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State Board for Educator Certification a person who has experience |
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working for and knowledge of an alternative educator preparation |
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program and who is not affiliated with an institution of higher |
|
education, as required by Section 21.033(a), Education Code, as |
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amended by this Act. |
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SECTION 15. Not later than January 1, 2016, the State Board |
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for Educator Certification shall develop criteria for evaluation of |
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educator preparation programs based on teacher retention and |
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success as required by Section 21.045(b)(5), Education Code, as |
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added by this Act. The State Board for Educator Certification shall |
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consult with the Texas Higher Education Coordinating Board and |
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educator preparation programs in developing the criteria. The Texas |
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Higher Education Coordinating Board shall participate and provide |
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recommendations regarding the criteria. |
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SECTION 16. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2205 was passed by the House on May |
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15, 2015, by the following vote: Yeas 126, Nays 5, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 2205 on May 29, 2015, and requested the appointment of a |
|
conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2205 on May 31, 2015, by the following vote: Yeas 125, |
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Nays 16, 2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2205 was passed by the Senate, with |
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amendments, on May 26, 2015, by the following vote: Yeas 28, Nays |
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3; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
2205 on May 31, 2015, by the following vote: Yeas 19, Nays 12. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |