TEXAS AFT LEGISLATIVE HOTLINE--WEDNESDAY, JULY 29, 2009, Notable Legislation--Professional Regulation and Support

TEXAS AFT LEGISLATIVE HOTLINE--WEDNESDAY, JULY 29, 2009
(copyright 2009 Texas AFT)

Notable Legislation--Professional Regulation and Support

This past spring the legislature made a number of noteworthy changes in laws regulating the teaching profession. Here's a quick summary of the most notable changes, excerpted from the Texas AFT report on key bills of the 2009 legislature. See www.texasaft.org for the full report published online July 24.

Rules for incentive pay
HB 3646 terminates the state-developed incentive program called TEEG (Educator Excellence Grants). It modifies the District Awards for Teacher Excellence (DATE) program of locally developed incentive grants. For example, the bill requires prior notice to teachers and principals of the criteria and formulas used as the basis for incentive awards. The bill also broadens the ability of districts to use DATE grants for teacher induction and mentor support. (Note: Though the TEEG program is terminated, overall state funding for incentive pay actually increases by more than 15 percent for the coming biennium, with all the funding going to the DATE program.)

Mentoring
SB 1290 amends the teacher mentoring statute to specify that school districts may assign a mentor to a teacher who has less than two years of teaching experience in the subject or grade level to which the teacher is assigned. Previously the statute authorized mentors to be assigned to teachers with less than two years of teaching experience.

National Board Certification
HB 709 specifically authorizes state "incentive pay" in the form of stipends for classroom teachers who achieve certification through the National Board for Professional Teaching Standards. The provision is not expressly tied to NBPTS. It covers advanced certification from an organization that certifies at least 2,500 teachers in the United States each year based on the teacher's satisfaction, through study, expert evaluation, self-assessment, and peer review, of high and rigorous standards for accomplished teaching. However, NBPTS is the only body that qualifies currently, and no other entity is likely to meet that definition any time soon. HB 709 differs from HB 2646, which was passed during the 2007 session but vetoed by Gov. Rick Perry, in being less specific to a single national certifying body. The change was reported to have been made to accommodate the governor.

Special-education training for general educators
SB 451 requires school districts to provide appropriate training for an educator who works outside the area of special education and does not possess the knowledge and skills necessary to implement the individualized education program developed for a student who is to receive instruction from the educator. The bill would permit districts to determine when and where the training is provided.

Out-of-state certification
HB 4152 requires an applicant for Texas certification who holds a certificate from out of state or out of country to complete the required Texas certification exam within one year of SBEC's completion of the review of the applicant's credentials. For such applicants who apply for certification in a shortage area, SBEC is required to accept or reject at least 90 percent of the applications within 14 days after the board receives the completed application. All applications must be accepted or rejected within 30 days.

Educator-preparation programs
SB 174 requires SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator-preparation programs based on information that includes improvement in achievement of students taught by beginning teachers for the first three years following certification. Also included would be information on 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.

SBEC must propose rules for the sanction of educator-preparation programs that do not meet accountability standards, and the board must annually review the accreditation status of each program. SBEC may take any necessary action, including requiring technical assistance, contracting of professional services, appointing a monitor, and if a program has been rated accredited-probation for at least one year, its accreditation may be revoked and the program may be closed. A program's accreditation must be revoked if it has been rated accredited-probation for three consecutive years. A revocation must be effective for at least two years. SBEC must provide information on its Web site regarding the qualifications of those admitted to each program, including average scores on SAT, ACT, or GRE exams. Among other items, employability of graduates and perseverance of beginning teachers should also be included on the Web site, as well as the extent to which the program prepares teachers to teach students with disabilities and students with limited English proficiency effectively. The bill authorizes SBEC to develop procedures under which each educator-preparation program receives a designation or ranking based on the information the board is required to make available.

Teacher-preparation academies
SB 2262 amends the statute authorizing math, science, and technology teacher-preparation academies intended to improve instructional skills. The institution of higher education must have a teacher-preparation program approved by SBEC. To participate teachers must be recommended by a school district and have at least two years of experience. Previously the statute limited participation to teachers with five years of experience.