Ala. Admin. Code r. 290-3-3-.59

Current through Register Vol. 43, No. 1, October 31, 2024

Section 290-3-3-.59 - Alabama State Department Of Education

(1)Leadership. The Alabama State Department of Education (ALSDE), through its Office of Teaching and Leading, Educator Preparation and Educator Certification Sections, shall provide the necessary leadership for coordinating educator preparation and certification in the State. The ALSDE shall work on a continuing basis to provide appropriate advisory and consultative services in developing and maintaining quality preparation programs that meet all Alabama State Board of Education (ALSBE) rules/standards.

(a) The ALSDE provides a program approval model based on the premise that the completer of an Alabama-approved program will be eligible to apply for ALSDE certification.

(b) When an institution wishes to make changes in an approved program, the head of the EPP shall submit written documentation of the changes to be made. The documentation shall be reviewed and approved by ALSDE personnel when applicable standards are deemed to be met.

(c) The Educator Preparation Section shall maintain a current list of each institution's approved programs.

(2)Accreditation/Approval of the Educator Preparation Provider (EPP). The entity within an institution of higher education that coordinates educator preparation programs shall undergo a comprehensive review of the EPP and each program at least every seven years based on the options and standards listed below.

(a)Accreditation/approval options.

1. An institution choosing to seek or continue Council for the Accreditation of Educator Preparation (CAEP) accreditation and state approval as an EPP uses CAEP processes to document compliance with CAEP standards as adopted for use in Alabama and uses ALSDE processes to document compliance with Alabama-specific standards. When all standards are met through CAEP processes and Alabama processes, ALSDE staff prepare an approval resolution for consideration by the ALSBE. See information about the approval of specific programs in Rule 290-3-3-.56(3).

2. Through fall semester 2021, an institution choosing to seek only ALSBE approval as an EPP uses ALSDE processes to document compliance with CAEP standards as adopted for use in Alabama and Alabama-specific standards. When all standards are met, ALSDE staff prepare an approval resolution for consideration by the ALSBE. See information about the approval of specific programs in Rule 290-3-3-.56(3).

3. As prescribed in the Alabama Literacy Act, all Alabama EPPs must seek CAEP accreditation. If the CAEP decision for an EPP is probationary accreditation, ALSBE members may consider a resolution to extend state program approval for up to two years to allow for an onsite review to determine whether the EPP meets CAEP standards and Alabama-specific standards. If the resolution is adopted and all CAEP and Alabama-specific standards are deemed met, state approval may be extended for an additional five years. If the resolution is not adopted or if all CAEP and Alabama-specific standards are not met, the process to rescind ALSBE approval will be initiated. If CAEP renders a denial of accreditation decision following the first CAEP review of an EPP, the process to rescind ALSBE approval will be initiated. Additional information is provided in Rule 290-3-3-.59(6).

(b)EPP approval standards for Class B programs.

1. CAEP standards as adopted for use in Alabama and related indicators are in Rule 290-3-3-.03(1) -(5) and are summarized here:

(i) Content and pedagogical knowledge.

(ii) Clinical partnerships and practice.

(iii) Candidate recruitment, progression and selectivity.

(iv) Program impact.

(v) Quality assurance system and continuous improvement.

2. Alabama-specific standards are detailed in the Rule 290-3-3-.03(6) and are summarized here:

(i) Courses, credits, and /or programs acceptable to meet state-approved program requirements.

(ii) General studies.

(iii) Teaching field.

(iv) Criminal history background check.

(v) Field experiences and internships (Class B, Class A, and Class AA programs).

(vi) Faculty qualifications.

(vii) Governance and accountability for educator preparation.

(viii) Educator preparation provider (EPP) accountability.

(c)EPP approval standards for Class A programs.

1. CAEP standards as adopted for use in Alabama and related indicators for teaching field programs are in Rule 290-3-3-.41(4)(a) -(e) for teaching field programs, in Rule 290-3-3-.46(2)(a) -(e) for instructional support programs, and are summarized here:

(i) Content and pedagogical knowledge.

(ii) Clinical partnerships and practice.

(iii) Candidate quality and selectivity.

(iv) Satisfaction with preparation.

(v) Quality assurance and continuous improvement.

2. Alabama-specific standards for Class A programs are provided in earlier sections of this document.

(3)Approval of Educator Preparation Programs. The EPP determines how each program leading to an Alabama Professional Educator Certificate or Professional Leadership Certificate is to be reviewed. Each program may be reviewed under a different option listed below:

(a)Continuous Improvement in Educator Preparation (CIEP) program review, an Alabama-specific process with:

1. Six main purposes:

(i) Ensure approved programs produce well-prepared and effective educators ready to improve P-12 student learning consistent with Alabama Courses of Study and other documents.

(ii) Emphasize the importance of well-planned, sequential, and meaningful field experiences.

(iii) Provide a robust continuous improvement/output model.

(iv) Provide a framework for institutions to submit mid-cycle reports for each program that feed into the data reports needed for comprehensive reviews, including site visits.

(v) Focus on a limited number of key assessments providing high-quality information on candidate performance:

(I) State-required tests for certification, such as Praxis assessments.

(II) An additional assessment of content knowledge.

(III) Assessment of candidate's ability to plan instruction, or for non-teaching areas, the ability to fulfill identified professional responsibilities.

(IV) Evaluation during the internship.

(V) Assessment of impact on student learning, or for non-teaching areas, the ability to create supportive learning environments.

(vi) Ensure that comparable data streams are available across all Alabama institutions approved to prepare educators.

2. A scope and focus for the program review process that includes the curriculum plan, field experiences, and key assessments.

3. A range of approval options including:

(i) Initial approval of a new program.

(ii) Continued approval of an existing program.

(iii) Conditional approval if fewer than all requirements have been met for a new or continuing program.

(iv) Probationary approval of a currently-approved program for which serious concerns were identified.

(v) Denial of approval.

(b)CAEP program review with national recognition.

(c)Program review by another national discipline-specific accrediting agency recognized by the U.S. Department of Education, such as the National Association of Schools of Music.

(4)Application of Rules.

(a)Continuing review of approved programs. The institution's approved programs shall be reviewed on a seven-year cycle, unless the State Superintendent of Education initiates a special review. In addition to submitting the documents required for an onsite visit, the EPP will submit to the ALSDE:

1. A copy of every accreditation-related report submitted to the American Association of Colleges for Teacher Education and/or the Council for the Accreditation of Educator Preparation.

2. A copy of every accreditation report received from a SPA or discipline-specific accrediting agency recognized by the U.S. Department of Education, such as the National Association of Schools of Music.

(b)Review of proposed program(s) and/or program(s) affected by significant changes in program approval rules.

1. The chief administrative officer of the institution shall submit a written request to the State Superintendent of Education for a review, indicating the specific program(s) to be developed for review and/or the program(s) affected by significant changes in program approval rules.

2. The development and review of proposed program(s) shall be authorized by the Alabama State Board of Education. The development and review process involves two separate actions by the ALSBE: a resolution to authorize development of the program(s) and a resolution to approve the newly developed program(s). Candidates shall not be enrolled in courses unique to a proposed program prior to approval by the State Board of Education. Approval of a request to review a program does not authorize an institution to admit students to the program.

3. The review process shall be coordinated by staff members in the Educator Preparation Section of the ALSDE. The review process shall include the training of review team chairpersons and members, as well as the evaluation of their effectiveness.

4. The institution shall use CIEP Program Report Submission Forms, program checklists and other supporting evidence to document compliance with program approval rules.

5. The State Superintendent of Education shall appoint teams to review the documentation provided by the institution, making every effort to ensure that the teams:

(i) Represent diversity.

(ii) Include representatives of local education agencies, institutions of higher education, and the Alabama State Department of Education.

(iii) Include only persons who have a high degree of competence in the area(s) of assignment, have been trained to evaluate educator preparation programs, have never been employed by the institution, and have no current professional or personal relationship with the institution.

6. The CIEP documentation will be provided by the institution at least 18 months prior to the onsite visit and shall be evaluated prior to a site review.

7. For the site review, the institution shall provide work space, support services, lodging, reimbursement for travel expenses, and information needed by the team to complete the review process.

8. The report of the site team shall include a summary statement(s) concerning all standards, as well as recommendations for any standards deemed unmet, and shall be sent from the State Superintendent of Education to the chief academic officer. A copy of the report will also be sent to the EPP head, along with a list of standards that are deemed unmet by the review team.

9. For any program that receives less that initial approval or continuing approval, the head of the EPP shall provide written acknowledgement of having received the review team report and indicate whether the institution will comply with recommendations contained in the report or withdraw the affected program.

10. The head of the EPP and the Alabama Department of Education staff member responsible for the review shall facilitate documentation of compliance with recommendations contained in the review team report.

(c)Special reviews. The State Superintendent of Education reserves the right to require special reviews in response to the adoption of new standards, significant changes to existing standards, or evidence of factors such as:

1. Candidates recommended for certification have not met approved program requirements.

2. Candidates are allowed to continue to enroll in almost all professional education courses prior to meeting program admission criteria.

3. Evidence that the unit is not implementing its assessment system.

(5)Appeals procedure.

(a) In the event the reviewed institution feels that it has justifiable reasons to question the validity of any part of the team report, it may request that appeals procedures be invoked. Such procedures shall include the appointment of an appeals panel, members of which shall have no connections or conflict of interest with the institution and made up as follows:

1. The Alabama Department of Education administrator who is responsible for both educator preparation and certification (chairperson).

2. Two active members of the Alabama Association of Colleges for Teacher Education to be appointed by the president of the Association (such members shall not have been involved in the review under consideration).

3. At least one representative of an association of professional educators.

4. The chairperson of the review team or a team member designated by the team chairperson, as a non-voting member.

5. At least two staff members of the ALSDE Office of Teaching and Leading, as non-voting members.

(b) The administrative head of EPP and/or other designated personnel from the teacher preparation institution involved shall be invited to attend the meeting(s) of the panel and shall be given ample opportunity to present evidence and otherwise represent the interests of the institution in the matter under consideration. Evidence may not include changes made after the onsite review.

(c) After sufficient study and deliberation as determined by the chairperson, the panel shall make its decision in closed session with only voting members present.

(d) All parties involved in the appeals process shall receive from the State Superintendent of Education written notification of the decision within ten working days.

(e) If the appeal results in a favorable decision for the institution and all pertinent standards are deemed met, the resolution for program approval shall be presented to the Alabama State Board of Education.

(f) In the event that the educator preparation program(s) in question is not approved by the State Board of Education, the report of the review team and all related actions by the appeals panel shall not apply to the institution after a period of one year from the date of the team visit. The entire program approval process shall be repeated if the institution of higher education decides to continue seeking State approval for the program(s) which was not approved.

(6)Rescinding Alabama State Board of Education approval of educator preparation programs. Institutions that recommend for certification candidates who have not met approved program requirements will jeopardize the continuation of their educator preparation programs.

(a) Following a due process procedure enumerated in the Alabama Administrative Procedure Act, Ala. Code §§ 41-22-1, et seq. (1975), approval of an educator preparation program may be rescinded for just cause, including failure of a significant number of program completers to receive satisfactory ratings based on performance evaluations established by the Alabama State Board of Education.

(b) An institution that has approval of any or all programs rescinded by the Alabama State Board of Education must wait at least five scholastic years to request permission to develop a program in the teaching field(s) or instructional support area(s) for which approval was rescinded or in any teaching field or instructional support area if approval of all programs was rescinded.

(c) Candidates who have been admitted to a program that has had its State Board of Education approval rescinded shall have the right to finish that program to which they have been admitted in a reasonable period of time. No other candidates may be admitted to that program.

(d) The notice of a proposed action shall be given consistent with provisions of Ala. Code § 41-22-12 (1975).

(e) The State Superintendent or his designee shall serve as the hearing officer for hearings conducted under this rule. The parties are responsible for securing the attendance of their witnesses. If the number of witnesses seems excessive in the judgment of the hearing officer, the party requesting the witnesses may be required to justify this necessity. The hearing officer may decline to listen to numerous character witnesses or witnesses testifying to the same or substantially the same facts and/or circumstances.

(f) In taking testimony and in considering the evidence, the hearing officer shall follow the provisions of Ala. Code § 41-22-13 (1975), insofar as practicable, but shall not be bound by the technical rules of evidence observed in courts of law. The hearing officer may listen to hearsay testimony and accept depositions and affidavits if such testimony is material and relevant to the issue(s).

(g) The conduct of a hearing under this rule shall follow the below order of presentation:

1. Reading of notice of proposed program approval rescission and grounds therefore.

2. Preliminary matters, if any.

3. Opening statements by the parties, if desired.

4. Presentation of evidence supporting the proposed program approval rescission.

5. Presentation of evidence in support of the institution's position.

6. Rebuttal evidence to the institution's presentation, if any.

7. Summation by the parties, if desired.

8. The hearing officer may establish a pre-hearing conference and any other schedule to facilitate the hearing.

9. The hearing officer shall prepare a proposed order containing a statement of facts and reasons to justify the decision rendered. The hearing officer shall issue his/her recommendation (in the form of a proposed order) no later than forty-five (45) days from the date of the conclusion of the hearing.

10. The proposed order shall become the final decision unless a party files an exception within ten (10) days from receipt thereof.

11. If an exception is filed, it shall include a request for oral argument before the Alabama State Board of Education, if desired. Written argument, not to exceed 10 pages of 8 1/2 x 11 inch paper, double-spaced, shall be filed with the Alabama State Board of Education within ten (10) days after the filing of the exception.

12. Oral argument shall be limited to ten (10) minutes per party, with the party filing the exception making the first presentation, unless modified by the State Board of Education.

(7)Educator Data.

(a)Supply and demand. Studies necessary to provide current data on the numbers of teachers available for employment in each teaching and instructional support field in the public schools and the likely number of vacancies in each field shall be the responsibility of the Office of Teaching and Leading of the Alabama Department of Education, with the cooperation of the educator preparation institutions and local education agencies. The information compiled from these studies shall be made available to institutions that offer programs for preparing teachers for use in planning programs and counseling candidates.

(b)Program enrollment, attrition and completion data. The Alabama State Department of Education may require EPPs to report on candidates admitted to programs, the support provided to candidates, including those who choose to withdraw or do not meet requirements to continue, and those who complete programs, whether or not they apply for Alabama certification.

(c)Satisfaction surveys. EPPs and the ALSDE will share responsibility for designing, administering, and summarizing the data obtained from satisfaction surveys completed by recent program completers and their employers.

(d)Report card. The State Superintendent of Education may stipulate the factors to be included in a report card, allowing a reasonable amount of time for information to be gathered and prepared for dissemination.

(8)Liaison With Other Agencies Which Accredit or Develop Standards for Educator Preparation Programs. The Office of Teaching and Leading shall maintain contact with other entities affecting educator preparation programs in the State. Three entities of particular significance in this respect are the Council for the Accreditation of Educator Preparation (CAEP), the National Association of State Directors of Teacher Education and Certification (NASDTEC), and the Interstate Teacher Assessment and Support Consortium (InTASC) of the Council of Chief State School Officers (CCSSO). The Office of Teaching and Leading shall facilitate maximum cooperation with these agencies and shall coordinate the approval of educator preparation programs with the functions of these agencies whenever feasible. Whenever feasible, cooperative and concurrent evaluations shall be facilitated.

(9)Continuous Improvement. The State Superintendent of Education may appoint an advisory panel to study any dimension(s) of educator preparation and certification. Recommendations from such a group would be received by the State Superintendent of Education prior to their submission to the Alabama State Board of Education. Membership on such a group shall include P-12 teachers and instructional support personnel, representatives of higher education, business and industry, parents, and the general public. When needed, the Educator Preparation Section may convene ad hoc groups representing EPPs to provide feedback on proposed revisions of standards or procedures.

Ala. Admin. Code r. 290-3-3-.59

Adopted by Alabama Administrative Monthly Volume XXXIX, Issue No. 11, August 31, 2021, eff. 10/15/2021.

Previous Rule.56 was renumbered.59 per certification published August 31, 2021; effective October 15, 2021.

Author: Dr. Eric G. Mackey

Statutory Authority:Code of Ala. 1975, §§ 16-3-16, 16-23-14.