HBA-MPM H.B. 1180 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1180 By: Rangel Public Education 3/11/1999 Introduced BACKGROUND AND PURPOSE The State Board for Educator Certification (board), created in 1995 and consisting of 15 members, oversees teacher certification, ensures compliance with continuing education requirements, and establishes the standards of conduct for public school educators. When the board was created, the Accountability System for Educator Preparation (ASEP) was also established and was recently implemented on September 1, 1998. ASEP was designed to issue accreditation ratings for all educator preparation programs under Section 21.045, Texas Education Code. The first accreditation reports are based on the performance of students in educator preparation programs taking certification examinations between September 1, 1996 and August 31, 1998. In order to receive an "accredited" status, programs must meet certain minimum standards with respect to student performance. Current law requires that all demographic groups meet passing rates, or the programs accreditation falls under review. As of September 1, 1998, 35 out of 85 programs were under review, a status which remains in effect until August 31, 1999. If a program is still under review after three years, the board will revoke the program's authority to provide certification. As a result of this accountability system, many programs in this state consider admitting only highachieving students as a measure to avoid jeopardizing their accreditation status. As the state continues to face severe teacher shortages, coupled with rapidly changing demographics, limiting access to the teaching profession may impact the future economic growth of Texas. H.B. 1180 increases the number of board members from four to seven through a statewide election by all certified teachers, as well as allowing teachers to vote on any new rules and fees proposed by the board. This bill also requires the Texas Higher Education Coordinating Board to adopt rules establishing standards to govern the approval and continuing accountability of all programs based on information that excludes sex and ethnicity. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the State Board for Educator Certification in SECTION 1 (Section 21.033) and SECTION 3 (Section 21.0411) of this bill and to the Texas Higher Education Coordinating Board in SECTION 4 (Section 61.085) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 21.033, Education Code, by amending Subsection (a) and adding Subsections (d) and (e), as follows: (a) Provides that 12 of 15 members of the State Board for Educator Certification (board) are selected, rather than appointed by the governor with the advice and consent of the senate: (1) Provides that seven, rather than four, members must be teachers employed in public schools who are elected by certified teachers in a statewide referendum conducted by the board. (2) Provides that one member, rather than two members, must be a public school administrator who is appointed by the governor with the advice and consent of the senate. (3) Provides that one member must be a public school counselor who is appointed by the governor with the advice and consent of the senate. (4) Provides that three members, rather than five, must be citizens who are appointed by the governor with the advice and consent of the senate. Specifies that at least two, rather than three, of these citizens must be parents of children enrolled in public school, rather than citizens who 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. Deletes existing text that qualifies two of the citizens as those who are not and have not been employed by a public school district or by an educator preparation program in an institution of higher education. (d) Prohibits a referendum under this section from being scheduled in June, July, or August. (e) Requires the board to propose rules for conducting a referendum under Subsection (a)(1). SECTION 2. Amends Section 21.034, Education Code, to make conforming changes. SECTION 3. Amends Subchapter B, Chapter 21, Education Code, by adding Section 21.0411, as follows: Sec. 21.0411. REFERENDUM ON EDUCATOR RULES. (a) Requires the board to present a proposal to certified educators in a statewide referendum on submission of a petition that proposes adoption or amendment of a rule described by Section 21.041(b) or (c) (Rules; Fees) relating to educator certification or to a fee and that is signed by at least 10 percent of the certified educators employed in this state. (b) Provides that the board, prior to submission to the State Board of Education under Section 21.042 (Approval of Rules), must present to certified educators in a statewide referendum a rule or amendment to a rule the board proposes that deals with issues regarding educator certificate renewal, disciplinary matters, an educator code of ethics, continuing education requirements, or a fee to be imposed on certified educators. (c) Requires the board to mail a copy of each proposed rule or amendment described by Subsections (a) or (b) in ballot form to each certified educator employed in this state. Requires the board to include on the ballot a notice of the date the ballot must be returned to the board. Requires the board, when addressing ballots, to use the most current mailing list of educators available to a state agency. Authorizes a certified educator who does not receive a ballot by mail in a timely manner to notify the board. Requires the board to provide a ballot to the educator as soon as practicable before the ballots are due. Requires the board to discontinue accepting ballots on the 30th day after the date the ballots are mailed and, as soon as practicable, to count the ballots returned by the due date. Requires the board to ensure that the counting of votes is open to inspection by the representative of any organization representing educators in this state. (d) Stipulates that the proposed rule or amendment described by Subsection (a) or (b) is approved by the educators if a majority of those voting in the referendum vote in favor of the proposed rule or amendment and at least 25 percent of the certified educators employed in this state vote in the referendum. (e) Requires the board to provide for submitting for review under Section 21.042 a copy of each rule or amendment approved at the first board meeting after the ballots are counted. Prohibits the board from submitting for review a rule or amendment described by Subsection (b) that has not been approved. (f) Prohibits a referendum from being scheduled more than twice each year or in June, July, or August. (g) Authorizes the board to propose rules as necessary to implement this section. SECTION 4. Amends Section 21.045, Education Code, by transferring it to Subchapter C, Chapter 61, Education Code, redesignating this section as Section 61.085, Education Code, adding Subsections (e) and (f), and amending it as follows: New section number: Sec. 61.085. (a) ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS. Requires the Texas Higher Education Coordinating Board (coordinating board) to adopt, rather than propose, rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that includes results of the educator certification examinations prescribed under Section 21.048(a) and performance based on the appraisal system for beginning teachers adopted by the State Board for Educator Certification, rather than the coordinating board. Deletes text referring to information being disaggregated with respect to sex and ethnicity. (b) Makes no changes. (c) Requires the coordinating board to adopt, rather than propose, rules establishing performance standards for the Accountability System for Educator Preparation for accrediting educator preparation programs. Requires the coordinating board to adopt, rather than propose, rules for the sanction of educator preparation programs and to annually review the accreditation status of each program. (d) Requires the commissioner of higher education (commissioner), rather than the executive director of the coordinating board, to appoint an oversight team of educators to make recommendations and provide assistance to educator preparation programs that do not meet accreditation standards. Makes a conforming change. (e) Requires the State Board for Educator Certification to provide the coordinating board with data necessary to carry out its duties under this section. (f) Provides that "educator" has the meaning assigned by Section 5.001 for the purposes of this section. Section 5.001 defines "educator" as a person who is required to hold a certificate issued under Subchapter B (Certification of Educators), Chapter 21. SECTION 5. Amends Sections 21.048(a) and (b), Education Code, as follows: (a) Authorizes the board to approve alternative examinations proposed and administered by an educator preparation program. (c) Prohibits an educator preparation program or the board from administering a written examination to determine the competence or level of performance of an educator who has a hearing impairment except under certain conditions. SECTION 6. (a) Requires all positions on the State Board for Educator Certification to be filled on February 1, 2001, notwithstanding Section 21.034, Education Code. Requires that members of the board selected to serve beginning on this date be selected in accordance with Section 21.033(a). Requires that those members draw lots for terms in accordance with Section 21.034 in a manner that provides that the terms of the same number of voting members expire each time and that: (1) the terms of three teacher members expire at one time; (2) the terms of two teacher members expire at other times; and (3) the term of not more than one citizen member expires at one time. (b) Provides that if a vacancy occurs in the membership of the board before the date members of the board are selected to begin serving February 1, 2001, the vacancy shall be filled in a manner that complies with Section 21.033(a), Education Code. SECTION 7. Makes application of proposed Section 21.0411, Education Code of this Act prospective. SECTION 8. (a) Transfers the powers and duties of the State Board for Educator Certification relating to the accountability system for educator preparation programs to the Texas Higher Education Coordinating Board. (b) Provides that the Texas Higher Education Coordinating Board assumes the position of the State Board for Educator Certification as to the obligations and agreements of the State Board for Educator Certification relating to the accountability system for educator preparation programs. (c) Provides that the records, other property, and unobligated and unexpended appropriations of the State Board for Educator Certification that specifically relate to the accountability system for educator preparation programs become the records, property, and appropriations of the Texas Higher Education Coordinating Board. (d) Provides that a rule of the State Board for Educator Certification relating to the accountability system for educator preparation programs that is in effect before September 1, 1999, becomes a rule of the Texas Higher Education Coordinating Board and remains in effect until amended or repealed by the coordinating board. SECTION 9. Effective date: September 1, 1999. SECTION 10. Emergency clause.