TITLE 19.EDUCATION

Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

Chapter 4. RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS

Subchapter H. P-16 COLLEGE READINESS AND SUCCESS

19 TAC §4.175

The Texas Higher Education Coordinating Board proposes an amendment to §4.175, concerning Composition and Duties of Statewide Discipline-Based College Readiness Vertical Teams. Specifically, this amendment removes language related to an appointment of an advisory committee that is no longer needed since there will be an appointment of a special commission of stakeholders that will serve the same purpose of ensuring college readiness standards are adequate to address workplace competencies. Therefore, this subsection of the rules is unnecessary.

Dr. Glenda O. Barron, Associate Commissioner of Participation and Success, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Barron has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the removal of unnecessary duplication of services performed by a commissioner appointed business and industry advisory committee and a special commission of stakeholders appointed to perform the same function. There is no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Glenda O. Barron, Associate Commissioner of Participation and Success, P.O. Box 12788, Austin, Texas 78711 or via email at Glenda.Barron@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

The amendment is proposed under the Texas Education Code, §28.008, which provides the commissioner with the authority to determine, in cooperation with the commissioner of education, the composition of statewide discipline-based college-readiness vertical teams.

The proposed amendment affects §28.008.

§4.175.Composition and Duties of Statewide Discipline-Based College Readiness Vertical Teams.

(a) - (d) (No change.)

[ (e) In conjunction with the vertical teams, the commissioner shall appoint an advisory committee of no fewer than 12 members and no greater than 15 members that include representatives from each of the six targeted cluster industries as defined by the governor, to review and make recommendations regarding development of college readiness standards in each of the four subject matter areas.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 20, 2007.

TRD-200700618

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: April 19, 2007

For further information, please call: (512) 427-6114


Part 2. TEXAS EDUCATION AGENCY

Chapter 153. SCHOOL DISTRICT PERSONNEL

Subchapter BB. COMMISSIONER'S RULES CONCERNING PROFESSIONAL DEVELOPMENT

19 TAC §153.1011

The Texas Education Agency (TEA) proposes new §153.1011, concerning beginning teacher induction and mentoring program. The proposed new section would implement the requirements of the Texas Education Code (TEC), §21.458, Mentors, as added by House Bill 1, 79th Texas Legislature, Third Called Session, 2006, that requires the commissioner of education to adopt rules for the administration of the mentor program for beginning teachers.

The TEC, §21.458, requires the commissioner of education to adopt rules to administer mentoring programs designed to increase retention of beginning teachers. The statute directs the commissioner to adopt rules addressing qualifications of a mentor and uses for mentor program funding. In adopting these rules, the commissioner is to rely on research-based mentoring programs that have demonstrated success.

In accordance with the TEC, §21.458, the proposed new 19 TAC §153.1011 would establish definitions and provisions relating to the beginning teacher induction and mentoring program, including program implementation and the qualifications, assignment, and duties of a mentor teacher. The proposed new rule would specify provisions for the allocation and use of mentor program funding, allow for the TEA to audit mentor program funds, and require each district providing a program to submit progress reports to the commissioner within a specified period and in a prescribed manner.

Grantees must agree to submit all information requested by the TEA through periodic activity/progress reports and a final evaluation report. Reports will be due to the TEA no later than 30 days after the close of the reporting period and must contain all requested information in the prescribed format. These reports will be used by the project administrator to evaluate the implementation and progress of grant-funded programs and to determine if modifications or adjustments to the program are necessary.

Lee Ann Dumas, director for educator excellence, has determined that for the first five-year period the new section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the new section. Although the proposed new rule itself offers no fiscal impact, the eventual adoption would allow the TEA to fund grant awards based on the number of new teachers at eligible campuses following a competitive grant process, as authorized by the 79th Texas Legislature, Third Called Session, 2006. The total amount of general revenue available for award is $15 million. In addition, $6,288 in personnel costs, which is 10% of one agency staff member's time that will be spent on managing the program, is an estimated expenditure for the state during fiscal year 2007.

The General Appropriations Act, House Bill 1, 79th Texas Legislature, Third Called Session, 2006, does not authorize funding beyond fiscal year 2007 for the grant program implemented under the proposed rule. Any fiscal impact in fiscal years beyond fiscal year 2007 would be contingent upon the action of the Texas Legislature in future sessions.

The beginning teacher induction and mentoring program is optional for local school districts. All school districts are eligible for the program funds and must apply to participate in the beginning teacher induction and mentoring program. Some school districts provide mentoring programs for beginning teachers and receive no state funds for these programs. This program could provide additional state funding to implement induction and mentoring programs in school districts. At this time, it cannot be determined the number of school districts that will participate and the number of teachers to be served to estimate possible cost expenditures or savings.

It is estimated that minimal staff time will be required to review, evaluate, and approve applications. Districts may also choose to subcontract with regional education service centers to provide mentor training for mentor teachers.

Ms. Dumas has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the new section will be the positive impact the program will have in increasing the potential for student performance through instruction provided by high-quality teachers. The public will realize a benefit of having increasingly better prepared classroom teachers to teach students. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

The public comment period on the proposal begins March 9, 2007, and ends April 8, 2007. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed new section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The new section is proposed under the Texas Education Code, §21.458, which requires the commissioner of education to adopt rules necessary to administer the mentor program, including rules concerning the duties and qualifications of a teacher who serves as a mentor.

The new section implements the Texas Education Code, §21.458.

§153.1011.Beginning Teacher Induction and Mentoring Program.

(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Agency--Texas Education Agency.

(2) Beginning teacher--A classroom teacher who has less than two years of teaching experience.

(3) Beginning Teacher Induction and Mentoring Program--An annual grant program established in accordance with the Texas Education Code (TEC), §21.458, under which a school district may receive funds to establish a mentoring program at each eligible campus where a mentor teacher is assigned to each classroom teacher who has less than two years of teaching experience.

(4) Classroom teacher--An educator who is employed by a school district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technology instructional setting. The term does not include a teacher's aide or a full-time administrator.

(A) For a school district, a classroom teacher, as defined in this subsection, must hold an appropriate certificate issued by the State Board for Educator Certification and must meet the specifications regarding instructional duties defined in this paragraph.

(B) For a charter school, a classroom teacher is not required to be certified but must meet the qualifications of the employing charter school and the specifications regarding instructional duties defined in this paragraph.

(5) Commissioner--Commissioner of education.

(6) Mentor teacher--A classroom teacher in Texas who provides effective support to help beginning teachers successfully transition into the teaching profession.

(7) School district--For the purposes of this section, the definition of school district includes open-enrollment charter school.

(8) School district board of trustees--For the purposes of this section, the definition of a school district board of trustees includes a charter holder board.

(b) Program implementation. A beginning teacher induction and mentoring program must be a research-based mentoring program that, through external evaluation, has demonstrated success in improving new teacher quality. Programs must be approved by the commissioner in a process to be determined by the Agency. Such a program must provide orientation and mentoring specifically tailored for beginning teachers that includes the following:

(1) a process for the recruitment of mentor teachers;

(2) a structured mentoring component based upon research in:

(A) teacher induction;

(B) beginning teacher development; and

(C) quality professional development;

(3) regular teacher observations and standards-based assessments;

(4) continuous support and ongoing professional development tailored to the needs of beginning teachers that includes:

(A) collecting and analyzing student performance data;

(B) classroom management; and

(C) pertinent topics related to pedagogy and student achievement; and

(5) training for administrators on implementing and supporting an induction and mentoring program.

(c) Qualifications of a mentor teacher. To serve as a mentor teacher, a teacher must:

(1) have a minimum of three years of teaching experience with a superior record of assisting students in achieving improvement in student performance;

(2) complete a research-based mentor and induction training program approved by the commissioner; and

(3) complete a mentor training program provided by the district.

(d) Assignment of a mentor teacher. Each school district may assign a mentor teacher to a beginning teacher.

(1) In order for a teacher to be assigned as a mentor teacher, in accordance with the TEC §21.458, the teacher must:

(A) teach in the same school as the beginning teacher; and

(B) meet the qualifications specified in subsection (c) of this section.

(2) The organization may elect to use funds to employ retired teachers or other instructional personnel who meet the definition and qualifications of a mentor teacher described in this section.

(3) To the extent practicable, a school district will assign a mentor teacher to a beginning teacher who teaches or has taught the same subject or grade level. A local school district board of trustees' decision determining whether such an assignment is practicable is final and may not be appealed to the commissioner.

(e) Duties of a mentor teacher. A mentor teacher must:

(1) participate in beginning teacher orientation;

(2) meet weekly with the beginning teacher;

(3) maintain documentation of mentor/beginning teacher activities;

(4) attend regularly scheduled campus mentor support meetings and trainings;

(5) provide support to new teachers in collecting and analyzing student data, classroom management, curriculum planning, and other activities related to pedagogy and improved student achievement;

(6) conduct observations and assessments of the beginning teacher; and

(7) complete all requirements of the school district's beginning teacher induction and mentoring program.

(f) Allocation and use of funds. In accordance with the TEC, §21.458, funds may only be used for the following:

(1) mentor teacher stipends;

(2) release time for mentor teachers and beginning teachers to meet regularly for conferencing, observations, networking sessions, shared professional development, and other mentoring activities; and

(3) mentoring support through providers of mentor training.

(g) Audit of funds. The Agency may audit, disallow, and recover grant funds. A decision to award, audit, disallow, or recover funds by the commissioner or commissioner's designee is final.

(h) Program review. School districts awarded grant funds must agree to submit all information requested by the Agency through periodic activity/progress reports. Reports will be due no later than 30 days after the close of the reporting period and must contain all requested information in the format prescribed by the commissioner. A final evaluation report must include:

(1) the total number of beginning teachers and mentor teachers who actually participated in the beginning teacher induction and mentoring program;

(2) the use of funds and activities conducted; and

(3) any other pertinent information deemed appropriate by the commissioner.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on February 26, 2007.

TRD-200700753

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: April 8, 2007

For further information, please call: (512) 475-1497