What's the legal authority to require institutions that prepare teachers to publicize licensure examination pass rates for their students?

Higher Education Act (HEA) as Amended in 1998, Sec. 207 (also known as Title II).

Who is covered under Title II?

1. Any institution of higher education (IHE) that prepares teachers and receives any funds through the Higher Education Act (this is most colleges and universities).
2. Any state that directly or indirectly receives funding through HEA (this is all states).
3. The Secretary of the U.S. Department of Education.

IHEs must report: pass rates of their "graduates" (this is interpreted as program completers not technically graduates) on teacher licensure exams taken by 10 or more students; a comparison of the program with other teacher education programs in the state; the number of students enrolled in teacher education; their average number of hours of practice teaching; the faculty-student ratio for practice teaching; if the program is approved or accredited by the state; and has it been designated by the state as low performing. Institutions may also submit supplemental data.

What do states need to report?

States need to compile all data submitted by institutions. In addition, they need to describe their licensure requirements and all assessments that are used; the extent to which there is alignment with K-12 standards; the qualifying scores and percent of candidates who pass each teacher licensure exam, for each program in the state, ranked in quartiles; the number of licensure waivers by teaching subject and by high- and low-poverty school districts; alternate routes to teaching and the percentage of students in these programs who pass licensure exams; criteria used to approve a teacher education program or unit; and information about any and all subject matter exams teachers or future teachers must take.

Can the state make institutions report data not required as part of Title II?

States can't require institutions to report additional data by claiming it is required by the Federal government. However, state governments may have authority to ask for additional information (such as through teacher education program approval).

What's the schedule for reporting this information and what happens to the data?

By October 7, 2000 states (in consultation with IHEs) must submit to the U.S. Department of Education an outline of how the teacher quality reporting will occur. By April 7, 2001, IHEs with teacher education programs must give their state agency charged with handling Title II the material required by law (see above). States assemble all of this into one report which must be sent to the U.S. Department of Education no later than October 7, 2001. By April 7, 2002 the Secretary of Education must prepare a report on the quality of teacher preparation in the United States and send it to the Congress. The U.S. Department of Education assumes data submissions can and will be done electronically. Department officials believe this will make reporting easier.

How often must institutions do this?

Annually as long as the law is in effect.

What happens if an institution or state doesn't report?

Institutions can be fined $25,000 for failing to report in a timely or accurate manner. There is no similar sanction on states.

Can the institution be fined if the state doesn't submit a report or loses an IHE's information?

It is wise to document everything, including when you send information to your state and to whom it is sent.

What else could happen to an institution?

If an institution loses state program approval or financial support due to poor performance it is ineligible to receive federal professional development grants. In addition, it may not enroll any student receiving federal student financial aid (Title IV) in its teacher education program.

Are states required to use pass rates on teacher licensure exams to determine low performance?

Although states may use pass rates, they certainly are not required to do so. Moreover, if an institution's teacher education program is identified as low-performing, the state must demonstrate how it has attempted to help that program improve.

Is there information to help institutions understand Title II?

A number of resources are available. It is important to review them in detail. The U.S. Department of Education has sent copies of their Reference and Reporting Guide to all colleges and universities with teacher education programs. There is a video that covers some of the questions regarding Title II. Copies are available by calling 1800-250-6202. There is no charge for the video. In addition, through a contract with Westat, a Title II web site has been set-up. It can be found at www.title2.org. Information on Title II can be found on AACTE's web site - www.aacte.org.

Who will pay for the cost of these reports?

The institutions and states that are required to report.

Is there redress if the state doesn't involve IHEs in the planning process for these reports; if the state or a testing company mis-reports an institution's data; or if a state refuses to include an institution's supplemental information in the report sent to the U.S. Department of Education?

The Department of Education initially said they would work with institutions to resolve any grievances. At this point, no system has been established to do this. Institutions are urged to document any concerns and keep careful records of all information gathered and reported to comply with Title II.

Has anyone challenged the legality of this?

Not yet.

Top of page