1. (a) Annually, beginning September 1, 1998, an entity must meet the accreditation standards at acceptable levels of performance set by the Board.
2. (b) An entity is rated "Accredited," "Accredited -Under Review," or "Not Accredited." Upon initial review of an entity desiring to prepare educators for certification, an entity will be rated "Accredited-Preliminary Status," which an entity may maintain for three years, after which time the entity will be accountable for the provisions of this chapter. Persons may be recommended for certification while an entity is "Accredited-Preliminary Status."
3. (c) An entity is accountable for the performance of all candidates for certification. Performance on a content-area assessment taken for the first time by a degreed candidate who earned a baccalaureate degree from another entity may be excluded from an entity's ASEP performance if the entity notifies the executive director of the individual's status prior to the candidate taking the test. This exclusion applies only to an individual's first attempt on the content-area assessment for the certificate being sought. Subsequent attempts will be used for evaluating an entity's accreditation status under this chapter. For purposes of calculating the first-year pass rate, individuals' second attempt on the content-area test will be considered their first attempt. The executive director shall identify the specific assessments subject to exclusion under this subsection. Pass rates on examinations and performance within the first two years in the profession determine the accreditation rating.
4. (d) Accreditation relating to test performance will be based upon first-year and cumulative pass rates. In no event shall the first-year or cumulative pass rates provided for in this section be less than 66 2/3%.

5. (e) Accreditation of entity

   1. (1) For an entity to be "Accredited" to prepare educators, performance for each demographic group (all students, African American, Hispanic, white, other, male, female) must be as follows:

      1. (A) acceptable first-year pass rates for all tests taken during the academic year prior to the issuance of the accreditation rating, or
      2. (B) acceptable cumulative pass rates for all tests taken for the two years prior to the issuance of the accreditation rating; and
      3. (C) effective September 1, 2002, persons in an educator role who complete certification requirements from the entity between September 1, 1999 and August 31, 2000 and every academic year thereafter must meet performance requirements. The Board will determine the method of assessing performance. The basis for the accreditation rating will be the performance of persons employed in a Texas public school and assigned in their area of certification.
      4. (D) based upon performance required by subparagraphs (A) and (B) of this paragraph, an entity rated "Accredited - Under Review" may request reconsideration of that status by the executive director if the status is based upon less than ten students in the "all students" demographic group. The executive director may remove the entity from "Accredited - Under Review" status.

      5. (E) The agency shall evaluate the accuracy of an entity's ASEP data, including any demographic and other information provided to the agency by the entity. If there are reasonable grounds to believe that the information provided by the entity has been inaccurately or fraudulently reported, the executive director is authorized to conduct an investigation. The entity shall reasonably cooperate with the investigation and provide the information and documentation requested by the executive director.

         1. (i) If the entity does not reasonably cooperate in the investigation, the executive director may determine the entity's annual accreditation status based on the preponderance of the available evidence as to the accuracy of the data.
         2. (ii) If, upon investigation, it is determined that the ASEP data submitted by the entity are inaccurate or have been fraudulently provided, the executive director is authorized to sanction the educator preparation program, up to and including a reduction in the accreditation rating.

      6. (F) Effective September 1, 2000, if the first-year or cumulative number of examinees within an ethnic or gender demographic group for the current reporting period is less than 30, the following method shall be used for determining the accreditation status of the entity:

         1. (i) If the small group is first-year test takers, the number of first-year test takers from the current academic year shall be combined with the number of first-year takers from the same demographic group for the previous academic year. If the combined number of test takers is 30 or more, the combined pass rate of the group shall be considered under paragraph (1)(A) of this subsection.
         2. (ii) If the combined number of test takers from clause (i) of this subparagraph is less than 30, that number will be added to the number of test takers from the same demographic group for the previous academic year. If the resulting number of test takers is 30 or more, the combined pass rate of the group shall be considered under paragraph (1)(A) of this subsection.
         3. (iii) If the combined number of test takers from clause (ii) of this subparagraph is less than 30 and their combined pass rate would cause the entity's rating to be Accredited-Under Review, the entity may request that the executive director reconsider the Accredited-Under Review status. In considering the entity's request, the executive director shall examine current and historical information relating to the entity's performance in appropriate areas, including but not limited to improved test performance of all groups and increased numbers of ethnic test takers.
         4. (iv) If the small group is cumulative test-takers, the data shall be combined with one or two of the previous academic years' cumulative data using the process described in clauses (i)-(iii) of this subparagraph.

      7. (G) Effective September 1, 1999, if the first-year or cumulative number of test takers within an ethnic or gender demographic group for the current academic year is less than 30, the following method shall be used for determining the accreditation status of the entity:

         1. (i) If the small group is first-year test takers, the number of first-year test takers from the current academic year shall be combined with the number of first-year takers from the same demographic group for the previous academic year. If the resulting number of test takers is 30 or more, the combined pass rate of the group shall be considered under paragraph (1)(A) of this subsection.
         2. (ii) If the combined number of test takers from clause (i) of this subparagraph is less than 30, the performance of that group of test-takers will not be considered under paragraph (1)(A) of this subsection. However, the performance of those test takers is used in calculating the performance of the "all students" group at the entity and, as appropriate, in calculating the performance data for other demographic groups.
         3. (iii) If the small group is cumulative test-takers, the data shall be combined with one or two of the previous years' cumulative data using the process described in clauses (i)-(iii) of this subparagraph and the combined pass rate of the group shall be considered under paragraph (1)(A) of this subsection.
         4. (iv) Subparagraph (F) of this paragraph expires August 31, 2000.

   2. (2) Effective September 1, 2002, for an entity to be "Accredited", an acceptable proportion of the certification fields offered by an entity must indicate performance of all students within the field at either of the following levels listed in subparagraphs (A) and (B) of this paragraph:

      1. (A) acceptable first-year pass rates for all tests taken during the academic year prior to the issuance of the accreditation rating, or
      2. (B) acceptable cumulative pass rates for all tests taken for the two years prior to the issuance of the accreditation rating.
   3. (3) An entity not meeting the performance standards for "Accredited" receives the rating of "Accredited - Under Review." An entity receiving the rating "Accredited - Under Review" for three consecutive years becomes "Not Accredited."
   4. (4) When persons are enrolled in an entity which is "Accredited - Under Review" but then becomes "Not Accredited," these persons may complete their program and be recommended for certification.
   5. (5) An entity must wait three consecutive years before applying to the Board for "Accredited - Preliminary Status."
   6. (6) If an entity disagrees with its accreditation status, the entity may appeal the determination of the accreditation status to the executive director of the Board.
   7. (7) An entity must notify persons enrolled in an educator preparation program of any change of accreditation status.

6. (f) Approval of certification field.

   1. (1) Effective September 1, 2002, for a certification field to be approved, performance of all students within the certification field must be at or above specified levels for three consecutive academic years:

      1. (A) acceptable first-year pass rates in each academic year; or
      2. (B) acceptable cumulative pass rates in each academic year.
   2. (2) If a certification field has fewer than five first-year test takers during an academic year, performance will be grouped with performance of examinees in the following year.
   3. (3) If the performance of all students within a certification field fails to meet requirements of paragraph (1)(A) or (B) of this subsection for three consecutive academic years, the entity may no longer recommend persons for certification in that field. The entity may request reconsideration if a field is no longer approved. The executive director may reinstate the field. The entity must wait two years before reapplying to offer certification in that field, but may not reapply to offer that field or any other field if the entity is "Accredited - Under Review."

7. (g) Commendations for success. An entity may receive commendations for success in identified areas if the entity is "Accredited." The Board will establish standards for the following areas listed in paragraphs (1)-(4) of this subsection in which an entity may be commended.

   1. (1) Preparation of persons for high need teaching fields. Based upon the Board's determination of fields of statewide and regional need, the entity successfully prepares a significant proportion, as established by the Board, of its candidates for certification in the fields of highest need. Areas of need will be established for periods of five years with the first period beginning September 1, 1997 through September 1, 2002.

   2. (2) Diversity of candidates recommended for certification by an entity. A commendation will be awarded to entities meeting either of the following:

      1. (A) The entity recommends for certification a percent of ethnic minority candidates that is commendable based on a comparison with the distribution of the respective groups in the public school student population. The diversity of the population of either the state or the education service center region in which the entity is located is the basis for the comparison; or
      2. (B) The entity recommends for certification a percent or number of ethnic minority candidates that, when compared to the percent or number of minority candidates recommended by the entity in the one or two previous years, shows growth which is commendable.
   3. (3) Evidence of financial support for a teacher preparation program as defined by the Board.
   4. (4) Field-based educator preparation. A significant proportion, as defined by the Board, of the faculty and candidates participating in educator preparation spend a specified amount of their time working collaboratively with practicing professionals in Texas public school classrooms.

8. (h) Oversight of Entity "Accredited - Under Review".

   1. (1) The executive director of the Board shall appoint an oversight team to make recommendations and provide assistance to an entity that is "Accredited - Under Review."

      1. (A) The executive director shall notify in writing an institution of higher education president and dean or department chair of education, an education service center executive director, and/or a superintendent of a school district of the appointment of an oversight team.
      2. (B) Members of the oversight team, including the chair, are appointed by the executive director. The entity under review shall be responsible for the reasonable and necessary expenses of the oversight team and, when appropriate, for the expenses of any person assigned to administer and manage the educator preparation program.
      3. (C) With the cooperation of the entity, the oversight team shall collect information about the program and develop strategies for improvement. All recommendations and reports of the progress of the program toward improvement must be provided in writing to the entity and to the executive director. The executive director shall verify if the entity is attempting to implement the recommendations of the oversight team.
      4. (D) No later than 30 days after receiving the recommendations of an oversight team, the entity shall submit to the executive director an action plan for addressing the recommendations.
      5. (E) No later than May 31 of each year that an entity is "Accredited - Under Review," the entity must submit to the executive director a progress report related to the recommendations of the oversight team.
      6. (F) The executive director shall notify Texas public school districts of the change in accreditation status of a certification program.

   2. (2) If, after one year, the executive director determines that an entity that is "Accredited - Under Review" has not fulfilled the recommendations of the oversight team, the executive director shall appoint a person to administer and manage the operations of the program.

      1. (A) The executive director shall, based upon the type and severity of the problems of the preparation program, inform the president of the university, executive director of the education service center, or superintendent of schools of the powers and duties of the person assigned to administer and manage the educator certification program.
      2. (B) The powers and duties of the person appointed to administer and manage the program may include overseeing daily programmatic decisions, supervision of staff, budget control or development, and curriculum-related decisions. The person may disapprove actions proposed by the program administrator or staff.
   3. (3) An entity must achieve acceptable performance, as set by the Board, on standards required for accreditation no later than September 1 of the third year after being placed on "Accredited - Under Review" status. Considering input of the oversight team, the executive director may at any time, prior to revocation of an entity's accreditation, request that the Board limit the entity to only preparing candidates for certification in specified fields and collaborate with another entity to fully manage the program.

Source Note:The provisions of this §229.3 adopted to be effective March 1, 1998, 23 TexReg 1021; amended to be effective September 2, 1999, 24 TexReg 6745; amended to be effective April 30, 2000, 25 TexReg 3531.