H.B. No. 2205
 
 
 
 
AN ACT
  relating to the State Board for Educator Certification, educator
  preparation programs, educator certification, issuance of certain
  teaching permits, and certain procedures for investigating
  educator misconduct.
         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.  Section 21.0441, Education Code, is amended by
  amending Subsection (a) and adding Subsections (c) and (d) 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
  the following minimum grade point average requirements [prescribed
  by the board, not to exceed the following]:
                     (A)  an overall grade point average of at least
  2.50 [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 2.50 [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.
         (c)  The overall grade point average of each incoming class
  admitted by an educator preparation program, including an
  alternative educator preparation program, may not be less than 3.00
  on a four-point scale or the equivalent or a higher overall grade
  point average prescribed by the board. In computing the overall
  grade point average of an incoming class for purposes of this
  subsection, a program may:
               (1)  include the grade point average of each person in
  the incoming class based on all course work previously attempted by
  the person at a public or private institution of higher education;
  or
               (2)  include the grade point average of each person in
  the incoming class based only on the last 60 semester credit hours
  attempted by the person at a public or private institution of higher
  education.
         (d)  A person seeking career and technology education
  certification is not included in determining the overall grade
  point average of an incoming class under Subsection (c).
         SECTION 5.  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 6.  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;
               (3)  [, and] 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 as
  beginning teachers under standard teaching certificates by not
  later than the first anniversary of [in the profession after]
  completing the program;
                     (F)  the amount of time required by candidates
  employed as beginning teachers under probationary teaching
  certificates to be issued standard teaching certificates;
                     (G) [(6)]  the number of candidates retained in
  the profession; and
                     (H) [(7)]  any other information required by
  federal law;
               (4)  the ratio of field supervisors to candidates
  completing student teaching, clinical teaching, or an internship;
  and
               (5)  any other information necessary to enable the
  board to assess the effectiveness of the program on the basis of
  teacher retention and success criteria adopted by the board.
         (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 7.  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 8.  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 9.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Sections 21.0454 and 21.0455 to read as follows:
         Sec. 21.0454.  RISK FACTORS FOR EDUCATOR PREPARATION
  PROGRAMS; RISK-ASSESSMENT MODEL. (a) The board shall propose
  rules necessary to develop a set of risk factors to use in assessing
  the overall risk level of each educator preparation program. The
  set of risk factors must include:
               (1)  a history of the program's compliance with state
  law and board rules, standards, and procedures, 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 10.  Section 21.048(a), Education Code, as amended
  by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd
  Legislature, Regular Session, 2013, is reenacted and amended to
  read as follows:
         (a)  The board shall propose rules prescribing comprehensive
  examinations for each class of certificate issued by the board. The
  commissioner [board] shall determine the satisfactory level of
  performance required for each certification examination. For the
  issuance of a generalist certificate, the commissioner [board]
  shall require a satisfactory level of examination performance in
  each core subject covered by the examination.
         SECTION 11.  Section 21.048, Education Code, is amended by
  amending Subsections (a-1) and (c-1) and adding Subsection (a-2) to
  read as follows:
         (a-1)  The board may not require that more than 45 days
  elapse before a person may retake an examination. A person may not
  retake an examination more than four times, unless the board waives
  the limitation for good cause as prescribed by the board.
         (a-2)  For purposes of the limitation imposed by Subsection
  (a-1) on the number of administrations of an examination, a person
  who initially took an examination before September 1, 2015, may
  retake the examination up to four times after that date, regardless
  of the number of times that the person attempted to perform
  satisfactorily on the examination before that date. This
  subsection expires September 1, 2018.
         (c-1)  The results of an examination administered under this
  section are confidential and are not subject to disclosure under
  Chapter 552, Government Code, unless[:
               [(1)]  the disclosure is regarding notification to a
  parent of the assignment of an uncertified teacher to a classroom as
  required by Section 21.057[; or
               [(2)     the educator has failed the examination more than
  five times].
         SECTION 12.  Section 21.055, Education Code, is amended by
  amending Subsection (b) and adding Subsection (d-1) to read as
  follows:
         (b)  To be eligible for a school district teaching permit
  under this section, a person must hold a baccalaureate degree.
  [This subsection does not apply to a person who will teach only
  career and technology education.]
         (d-1)  Subsections (b), (c), and (d) do not apply to a person
  who will teach only noncore academic career and technical education
  courses. A school district board of trustees may issue a school
  district teaching permit to a person who will teach courses only in
  career and technical education based on qualifications certified by
  the superintendent of the school district. Qualifications must
  include demonstrated subject matter expertise such as professional
  work experience, formal training and education, holding an active
  professional relevant industry license, certification, or
  registration, or any combination of work experience, training and
  education, or industry license, certification, or registration, in
  the subject matter to be taught. The superintendent of the school
  district shall certify to the board of trustees that a new employee
  has undergone a criminal background check and is capable of proper
  classroom management. A school district shall require a new
  employee to obtain at least 20 hours of classroom management
  training and to comply with continuing education requirements as
  determined by the board of trustees. A person may teach a career
  and technical education course immediately upon issuance of a
  permit under this subsection. Promptly after employing a person
  who qualifies under this subsection, the board of trustees shall
  send to the commissioner a written statement identifying the
  person, the course the person will teach, and the person's
  qualifications to teach the course.
         SECTION 13.  Subchapter B, Chapter 21, Education Code, is
  amended by adding Section 21.062 to read as follows:
         Sec. 21.062.  ISSUANCE OF SUBPOENAS. (a) During an
  investigation by the commissioner of an educator for an alleged
  incident of misconduct, the commissioner may issue a subpoena to
  compel the production, for inspection or copying, of relevant
  evidence that is located in this state.
         (b)  A subpoena may be served personally or by certified
  mail.
         (c)  If a person fails to comply with a subpoena, the
  commissioner, acting through the attorney general, may file suit to
  enforce the subpoena in a district court in this state.  On finding
  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.
         (e)  Except as provided by a protective order, and
  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
  proceeding against an educator based on an alleged incident of
  misconduct.
         SECTION 14.  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 15.  Not later than January 1, 2016, the State Board
  for Educator Certification shall develop criteria for evaluation of
  educator preparation programs based on teacher retention and
  success as required by Section 21.045(b)(5), Education Code, as
  added by this Act. The State Board for Educator Certification shall
  consult with the Texas Higher Education Coordinating Board and
  educator preparation programs in developing the criteria. The Texas
  Higher Education Coordinating Board shall participate and provide
  recommendations regarding the criteria.
         SECTION 16.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2205 was passed by the House on May
  15, 2015, by the following vote:  Yeas 126, Nays 5, 1 present, not
  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
  houses; and that the House adopted the conference committee report
  on H.B. No. 2205 on May 31, 2015, by the following vote:  Yeas 125,
  Nays 16, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2205 was passed by the Senate, with
  amendments, on May 26, 2015, by the following vote:  Yeas 28, Nays
  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.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor