From the ECS State Policy Database Teaching Quality--Certification and Licensure--Assignment

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary MD Signed into law 04/2012 P-12 Requires that the county board include in its goals to improve student academic achievement a description of how it plans to ensure and measure academic proficiency of students in core academic subjects at various points during the elementary and secondary education of students. Adds requirements that The State Board, the State Superintendent, each county board, and each public school must include in its program of education accountability for the operation and management of the public schools: (1) establish educational goals and objectives and survey current student achievement in science and social studies; (2) implement assessment programs in reading, language, math, science, and social studies that include written responses and specifies that the assessment program must be able to provide information needed to improve public schools, inform the public, and provide timely feedback to schools and teachers; (3) implement and administer middle-school and high-school assessments annually beginning in 2014-2015 school year that measure student's mastery of core academic standards; (4) determine if assessments are truly measuring students mastery of core academic standards following 2014-2015 school year and for those that do not adequately measure, replace with a state-specific assessment by the 2016-2017 school year. Requires that the Department survey a statewide representative sample of public schools and public school teacher annually on the amount of instructional time spent on, the availability and use of instructional resource for, and the professional development available to social studies and science instruction, as well as, the number of certified and non-certified teachers teaching social studies and science. Results are to be published on Department's website. http://mlis.state.md.us/2012rs/bills/sb/sb0293e.pdf Title: S.B. 293 Source: mlis.state.md.us TX Signed into law 06/2011 P-12 Permits a person who voluntarily accepts an assignment that requires a different class of certificate than the one held in the person's previous professional capacity to be employed under a probationary contract. Provides this provision does not apply to a person returning to an earlier-held professional capacity in a district. http://www.capitol.state.tx.us/tlodocs/82R/billtext/pdf/HB02380F.pdf#navpanes=0 Title: H.B. 2380 Source: www.capitol.state.tx.us AZ Adopted 05/2010 P-12 Strengthens the requirements for a reading endorsement and further defines the levels of reading allowing for greater specialization. www.azsos.gov/aar/2010/2/recodifictn.pdf Title: R7-2-615 Source: www.azsos.gov TX Signed into law 06/2009 P-12 Section 28: Provides that in determining student promotion, a district must consider the student's teacher's recommendation, the student 's grade in each course, the student's score on state assessments, and any other academic information deemed necessary by the district. Requires districts to publicize the requirements for student advancement (as established in Section 28.021) by the start of each school year. Directs the commissioner to provide guidelines to districts based on best practices that a district may use when considering factors for promotion. Section 29: Eliminates provision that a student may not be promoted to 4th grade if the student demonstrates inadequate performance on the grade 3 reading assessment. Adds provision that each time a student in grades 3-8 fails to perform satisfactorily on a specified state assessment in reading, math, writing, social studies or science (defined in Section 39.023(a)), the district must provide the student accelerated instruction in the applicable subject area. Specifies accelerated instruction may require the student's participation before or after normal school hours and participation and outside the normal school year. Adds provision that a student who does not perform satisfactorily on an aforementioned state assessment and who is promoted to the next grade must complete such accelerated instruction before placement in the next grade level. Specifies a student who fails to complete required accelerated instruction may not be promoted. Directs the commissioner to provide districts with research-based best practices and effective strategies for developing an accelerated instruction program. Provides that a student who is promoted by a grade placement committee must be assigned in each subject in which the student failed to perform satisfactorily on any specified state assessment instrument to a teacher who meets all state and federal qualifications to teach that subject and grade. Pages 26-28 of 180: http://www.legis.state.tx.us/tlodocs/81R/billtext/pdf/HB00003F.pdf Title: H.B. 3 - Section 28 and 29 Source: www.legis.state.tx.us LA Adopted 11/2007 P-12 Amends a section of Bulletin 746, Standards for State Certification of School Personnel, concerning out-of-field authorization to teach (OFAT). This change in policy will allow an individual to renew an Out-of-Field Authority to Teach (OFAT) by attempting the required PRAXIS exam(s) for add-on certification in the area of the OFAT at least once per year. The current policy requires that an individual would, for renewal of an OFAT certificate, have to complete all PRAXIS exam(s) required for add-on certification twice per year. The results would be that an individual may have to attempt three exams per year instead of six exams per year. http://doa.louisiana.gov/osr/reg/0711/0711.doc#_Toc183230287 Title: LAC 28:CXXXI.325 Source: doa.louisiana.gov IL Adopted 09/2006 P-12 New section (p 243 of 405 http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue41.pdf) institutes a requirement that districts electronically report information used in determining whether teachers can be considered "highly qualified" for their assignments in the core academic subject areas. New section 1.242 (p 244 of 405 http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue41.pdf) conveys the due process requirements that are applicable when districts elect to deny enrollment to high school students for failure to maintain academic or attendance standards, as permitted by Public Act 93-803. Sections 1.420 and 1.430 (pp 244-254 of 405 http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue41.pdf) have been updated to acknowledge that, under Public Act 94-198, physical education is not required daily in cases of block scheduling. Language has been inserted into Section 1.720 (pp 254-258 of 405 http://www.cyberdriveillinois.com/departments/index/register/register_volume30_issue41.pdf) to clarify the long-standing policy that the "major field of teaching assignment" is the one in which a (middle-grades) teacher spends the most time and is thus the field in which the teacher is generally required to have 18 semester hours of credit. Title: 23 IAC 1.77, .242, .420, .430, .720 Source: www.cyberdriveillinois.com CA Vetoed 09/2004 P-12 Deletes the requirement, under the Classroom Instructional Improvement and Accountability Act, that the School Accountability Report Card include information on the degree to which pupils are prepared to enter the workforce and whether the school qualifies for the Governor's Performance Award Program. Requires each school district to include within the report card information regarding career technical education, the availability of sufficient textbooks and materials, any needed maintenance of school facilities to ensure good repair, the misassignments of teachers, including misassignments of English learner teachers, and the number of vacant teacher positions for the most recent 3-year period. http://www.leginfo.ca.gov/pub/bill/asm/ab_2551-2600/ab_2596_bill_20040827_enrolled.pdf Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_2596_veto.pdf Title: A.B. 2596 Source: StateNet CA Signed into law 09/2004 P-12 SEC. 1: Existing law requires the county superintendent of schools to report to the Superintendent of Public Instruction on the financial condition of a school district if the county superintendent determines a school district may be unable to meet its financial obligations for the current or 2 subsequent fiscal years or if a school district has a qualified or negative certification. Existing law requires the county superintendent to take at least one of certain actions and all actions that are necessary to ensure that the district meets its financial obligations. This bill requires those possible actions to include assigning the Fiscal Crisis and Management Assistance Team to review district teacher hiring practices, teacher retention rate, percentage of provision of highly qualified teachers, and the extent of teacher misassignment and also to provide the district with recommendations to streamline and improve the teacher hiring process, teacher retention rate, extent of teacher misassignment, and provision of highly qualified teachers. The bill requires a school district that is assigned this review to follow the recommendations made unless it shows good cause for failure to do so. http://www.leginfo.ca.gov/pub/bill/asm/ab_3001-3050/ab_3001_bill_20040929_chaptered.pdf Title: A.B. 3001 (multiple provisions) Source: www.leginfo.ca.gov CA Signed into law 09/2004 P-12 Existing law requires the county superintendent of schools to annually monitor and review school district certificated employee assignment practices according to certain priorities with first priority going to schools and school districts that are likely to have problems with teacher misassignment and teacher vacancies based on past experience or other available information. Existing law requires a county superintendent of schools to submit an annual report to the Commission on Teacher Credentialing summarizing the results of all assignment monitoring and reviews. This bill requires the county superintendent of schools to give priority to schools ranked in deciles 1 to 3, inclusive, of the Academic Performance Index, as defined, if those schools are not currently under review through a state or federal intervention program. The bill requires a county superintendent of schools to investigate school and district efforts to ensure that any credentialed teacher in an assignment requiring a certificate authorizing the holder to teach English language development to English learners or training that authorizes the holder to teach English language development to English learners completes the necessary requirements for one of those certificates or completes the required training. This bill requires a county superintendent of schools to submit the annual report summarizing the results of assignment monitoring and reviews to the department. The bill requires that report to include information on certificated employee assignment practices in schools ranked in deciles 1 to 3, inclusive, of the Academic Performance Index, as defined, to ensure that in any classes in these schools in which 20% or more pupils are English learners, the assigned teachers possess a certificate authorizing the holder to teach English language development to English learners or have completed training that would authorize them to teach English language development to English learners or are to the duties of county superintendents of schools, the bill imposes a state-mandated local program. The bill requires the Superintendent of Public Instruction to submit a summary of the reports submitted by county superintendents of schools to the Legislature and requires the Legislature to hold public hearings on pupil access to teachers and to related statutory provisions. http://www.leginfo.ca.gov/pub/bill/asm/ab_3001-3050/ab_3001_bill_20040929_chaptered.pdf Title: A.B. 3001 (multiple provisions) Source: www.leginfo.ca.gov CA Signed into law 09/2004 P-12 Existing law requires the State Department of Education to establish a statewide system of school support that provides intensive and sustained support and technical assistance for school districts, county offices of education, and schools in need of improvement. Existing law requires the system to provide assistance by reviewing and analyzing all facets of a school's operation and by assisting the school in developing recommendations for improving pupil performance and school operations. This bill requires the review and analysis to include the recruitment, hiring, and retention of principals, teachers, and other staff, including vacancy issues and the roles and responsibilities of district and school management personnel. The bill would authorize the system to access the assistance of the Fiscal Crisis and Management Assistance Team to review district or school recruitment, hiring, and retention practices. The bill would require the system also to assist schools and districts in efforts to eliminate misassignments of certificated personnel. http://www.leginfo.ca.gov/pub/bill/asm/ab_3001-3050/ab_3001_bill_20040929_chaptered.pdf Title: A.B. 3001 (multiple provisions) Source: www.leginfo.ca.gov CA Signed into law 09/2004 P-12 SEC. 13: Requires the county superintendent of schools to include in the review of audit exceptions those audit exceptions related to use of instructional materials program funds, teacher misassignments, and information reported on the school accountability report card and to determine whether the exceptions are either corrected or an acceptable plan of correction developed. Prohibits a local educational agency from being required to repay an apportionment based on a significant audit exception related to the verification of the sufficiency of textbooks and instructional materials, teacher misassignments, and the accuracy of the information reported on the school accountability report card if the county superintendent of schools certifies to the Superintendent of Public Instruction and the Controller that the audit exception was corrected or that an acceptable plan of correction was submitted to the county superintendent of schools. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf Title: S.B. 550 (multiple provisions) Source: www.leginfo.ca.gov CA Signed into law 09/2004 P-12 SEC. 12: Requires a school district to use its uniform complaint process to help identify and resolve any deficiencies related to instructional materials, conditions of facilities that are not maintained in a clean and safe manner or in good repair, and teacher vacancy or misassignment. Requires a notice to be posted in each classroom in each school in the school district notifying parents and guardians that there should be sufficient textbooks or instructional materials, school facilities must be clean, safe, and in good repair, and the location to obtain a form to file a complaint in case of a shortage. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf Title: S.B. 550 (multiple provisions) Source: www.leginfo.ca.gov/ CA Signed into law 09/2004 P-12 SEC. 2: Requires a district compliance audit to include verification of the reporting requirements for the sufficiency of textbooks and instructional materials, teacher misassignments, and the accuracy of information reported on the school accountability report card. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf Title: S.B. 550 (multiple provisions) Source: www.leginfo.ca.gov CA Signed into law 09/2004 P-12 SEC. 10: Requires the school accountability report card to include information regarding the availability of sufficient textbooks and other instructional materials for each pupil, any needed maintenance of school facilities to ensure good repair, the misassignments of teachers, including misassignments of English learner teachers, and the number of vacant teacher positions for the most recent 3-year period. Defines ''misassignment'' and ''vacant position'' for this purpose. Requires the template for the school accountability report card to include a field to report the determination of the sufficiency of textbooks and instructional materials and a summary statement of the condition of school facilities. Requires the department to provide examples of summary statements of the condition of school facilities that are acceptable and those that are unacceptable. Declares that these provisions further the purposes of the Classroom Instructional Improvement and Accountability Act. http://www.leginfo.ca.gov/pub/bill/sen/sb_0501-0550/sb_550_bill_20040929_chaptered.pdf Title: S.B. 550 (multiple provisions) Source: www.leginfo.ca.gov TX Adopted 01/2003 P-12 Amends rules relating to the assignment of public school personnel certified by the State Board for Educator Certification (SBEC). Ensures the continued alignment of assignment rules with the state public school curriculum, the Texas Essential Knowledge and Skills (TEKS), adopted by the State Board of Education (SBOE) or, in the case of special education assignments, alignment with state and federal requirements. TEXAS REG 84617 (SN) Title: 19 TAC 230.601 Source: StateNet NM Vetoed 04/2001 P-12 Section 42 states that effective with the 2002-2003 school year parents must be notified if their student is being taught by a non-licensed teacher for longer than 30 days. Title: S.B. 308 Source: New Mexico Legislative Web Site