The Texas Sunset Advisory Commission has released the Staff report for the Texas Education Agency. A summary follows of Sunset staff’s recommendations which can also be found in the report link above.
Issue 1
While TEA Has Improved Oversight of Its Large and Complex Student Assessment Contract, Further Work Is Needed.
TEA contracts with NCS Pearson Inc. for many of its student assessment functions, paying the company $438.3 million over a five-year period. This contract ends in August 2015, and the agency is currently in the process of re-procuring the services. Due to its size and complexity and TEA’s long-standing relationship with this one vendor, the contract has been the subject of much scrutiny by the Legislature.
Further, in July 2013, the State Auditor’s Office performed a comprehensive audit of TEA’s contracting practices and made many recommendations to improve the agency’s oversight of the assessment contract.
TEA is making progress in addressing the auditor’s recommendations and other lessons learned. However, the agency needs to do more to improve the oversight and transparency of the assessment contract and other large contracts.
Key Recommendations
- TEA should provide comprehensive information online about the student assessment procurement process and contracts to improve transparency.
- TEA should allow sufficient time for vendors to submit proposals for major contracts.
- TEA should provide more centralized contract oversight and develop monitoring plans for all major contracts.
Issue 2
TEA Does Not Effectively Manage Public Involvement to Obtain the Greatest Value From Its Stakeholder Input.
Key Recommendations
- Require TEA to develop and implement a policy to guide and encourage more meaningful and comprehensive stakeholder involvement efforts.
- Require TEA to adopt rules for its use of advisory committees, ensuring the committees meet standard structure and operating criteria.
Issue 3
Regulating the Private Driver Training Industry Does Not Match TEA’s Public Education Mission.
Key Recommendations
- Transfer the regulation of private driver training from TEA to the Texas Department of Licensing and Regulation.
- Require the Commission of Licensing and Regulation to establish an advisory committee to provide technical expertise from the driver training industry.
- Remove the statutory requirement to license driver training school directors, assistant directors, and administrative staff.
- Remove fixed driver training fee amounts and fee caps from statute.
- Increase the driver training statute’s maximum administrative penalty from $1,000 to $5,000 per day, per violation.
Issue 4
Outdated and Unnecessary Statutory Provisions Divert TEA’s Focus From Its Core Functions.
Key Recommendations
- Eliminate outdated statutory requirements regarding academic performance indicators and campus distinction designation committees.
- Restructure the open-enrollment charter school evaluation to provide flexibility for the agency.
- Limit TEA’s involvement in local affairs through changes to the selection of hearing examiners for teacher contract cases, approval of shared services arrangements for special education, site-based decision making, and foreign exchange student waivers.
- Eliminate unnecessary TEA review of local depository contracts and superintendent severance payments, and require the agency to audit compensatory education funds using a risk-based approach.
- Eliminate the High School Completion and Success Initiative Council, whose job is completed, along with its related reporting requirements and programs, as well as four other unnecessary reports.
Issue 5
TEA Lacks Authority and Flexibility in Annexing a School District, Especially an Imminently Insolvent District.
Key Recommendations
- Authorize the Commissioner of Education to work with county commissioners courts to ensure the timely annexation of an insolvent school district.
- Grant the commissioner greater flexibility in annexing districts and clarify conflicting provisions to ensure that the commissioner may annex a school district for financial or accreditation problems.
Issue 6
Educator Certification Can Be Overseen by the Commissioner of Education Without the Need for a Separate Board.
Key Recommendations
- Abolish the State Board for Educator Certification and transfer its powers and duties to the Commissioner of Education.
- Remove the State Board of Education’s authority to reject proposed educator certification and educator preparation rules.
- Require the commissioner to establish an advisory committee to assist with the regulation of educators and educator preparation programs.
Issue 7
Elements of Educator Certification Do Not Conform to Commonly Applied Licensing Practices.
Key Recommendations
- Clarify the statutory requirements for school administrators to report misconduct by certified educators to TEA.
- Grant the commissioner administrative subpoena power to fully investigate certified educator misconduct cases.
- Require the commissioner to establish a disciplinary matrix to guide the application of sanctions to certified educators for violations of law or rule.
Issue 8
Elements of the Regulation of Educator Preparation Programs Do Not Conform to Commonly Applied Licensing Practices.
Key Recommendations
- Establish a five-year renewal process for educator preparation programs (EPPs) in statute.
- Require the commissioner to adopt rules to make information about how to file a complaint about an EPP accessible to EPP students and the public.
- Require the commissioner to establish a comprehensive risk-assessment model to guide the monitoring of EPPs.
- Strengthen and clarify the commissioner’s authority to sanction EPPs for violations of law or rules.
Issue 9
TEA’s Statute Does Not Reflect Standard Elements of Sunset Reviews.
Key Recommendation
- Apply across-the-board recommendations to the Texas Education Agency regarding conflicts of interest, complaint information, and negotiated rulemaking and alternative dispute resolution.
Issue 10
Texas Has a Continuing Need for the Texas Education Agency.
Key Recommendations
- Continue the Texas Education Agency for 12 years.
- Redefine the commissioner’s and TEA’s powers and duties in statute to reflect their roles in the public education system.