September 10, 2020 Committee on School Initiatives Item 2
Review of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs
September 11, 2020
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would amend 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of House Bill (HB) 18, 86th Texas Legislature, 2019; would provide specification for approval of teaching sites that are not Texas Education Agency (TEA)-accredited public schools; would provide guidance related to admitting and recommending candidates to programs that are closing or consolidating; would provide guidance for internships and clinical teaching in the summer; would add language for a dismissal policy for candidates; would simplify language relating to the reasons an educator preparation program (EPP) can stop supporting a candidate in an internship and the corresponding actions that must take place when a candidate leaves an internship; would provide clarification for the number of observations for practicums; and would provide clarification of and reorder provisions for technical formatting purposes throughout the rules.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 228 is the Texas Education Code (TEC), §§21.031; 21.041(b)(1) and (2); 21.044, as amended by Senate Bills (SBs) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, and HB 18, 86th Texas Legislature, 2019; 21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.045(a); 21.0453; 21.0454; 21.0455; 21.046(b); 21.048(a); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(a)–(c); and 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; and the Texas Occupations Code (TOC), §55.007.
TEC, §21.031, authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.
TEC, §21.041(b)(1) and (2), require the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and specify the classes of educator certificates to be issued, including emergency certificates.
TEC, §21.044, as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, and HB 18, 86th Texas Legislature, 2019, requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program.
TEC, §21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to ensure that an EPP requires at least 80 hours of instruction for a candidate seeking a Trade and Industrial Workforce Training certificate.
TEC, §21.0443, requires the SBEC to establish rules for the approval and renewal of EPPs.
TEC, §21.045(a), states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all EPPs.
TEC, §21.0453, states that the SBEC may propose rules as necessary to ensure that all EPPs provide the SBEC with accurate information.
TEC, §21.0454, requires the SBEC to develop a set of risk factors to assess the overall risk level of each EPP and use the set of risk factors to guide the TEA in conducting monitoring, inspections, and evaluations of EPPs.
TEC, §21.0455, requires the SBEC to propose rules necessary to establish a process for complaints to be directed against an EPP.
TEC, §21.046(b), states that the qualifications for certification as a principal must be sufficiently flexible so that an outstanding teacher may qualify by substituting approved experience and professional training for part of the educational requirements.
TEC, §21.048(a), requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC. The commissioner shall determine the satisfactory level of performance required for each certification examination. For the issuance of a generalist certificate, the commissioner shall require a satisfactory level of examination performance in each core subject covered by the examination.
TEC, §21.0485, states the issuance requirements for certification to teach students with visual impairments.
TEC, §21.0487(c), states that because an effective principal is essential to school improvement, the SBEC shall ensure that each candidate for certification as a principal is of the highest caliber and that multi-level screening processes, validated comprehensive assessment programs, and flexible internships with successful mentors exist to determine whether a candidate for certification as a principal possesses the essential knowledge, skills, and leadership capabilities necessary for success.
TEC, §21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, states the eligibility for an Early Childhood: Prekindergarten–Grade 3 certificate.
TEC, §21.049(a), authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional EPPs.
TEC, §21.0491, requires the SBEC to create a probationary and standard trade and industrial workforce training certificate.
TEC, §21.050(a), requires a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree to possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under the TEC, Chapter 28, Subchapter A.
TEC, §21.050(b), states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate.
TEC, §21.050(c), states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate.
TEC, §21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017, provides a requirement that before a school may employ a certification candidate as a teacher of record, the candidate must have completed at least 15 hours of field-based experience in which the candidate was actively engaged at an approved school in instructional or educational activities under supervision.
TOC, §55.007, provides that verified military service, training, and education be credited toward licensing requirements.
The full text of statutory citations can be found in the statutory authority section of this agenda.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 228, Requirements for Educator Preparation Programs, establish the requirements for EPPs. The proposed amendments would (1) provide guidance related to admitting candidates to EPPs that are closing or consolidating; (2) add language for a dismissal policy for candidates; (3) include language from HB 18, 86th Texas Legislature, 2019, that allows accredited institutions of higher education (IHEs) to offer a course or component of a course to meet the requirement for mental health, substance abuse, and teen suicide; (4) clarify that the curriculum provided to candidates in both classroom teacher and principal preparation includes the standards adopted by the SBEC; (5) provide simplified rule text for the reasons an EPP can stop supporting a candidate in an internship and the corresponding actions that must take place when a candidate leaves an internship; (6) provide guidance for candidate practicums where a portion of the practicum needs to take place during summer months; (7) add language for out-of-state and out-of-country clinical teaching and practicum experiences; (8) provide reordering and clarification for the number of observations that must total at least 135 minutes; and (9) provide guidance for EPPs on granting test approval for candidates where the standards and/or test has changed or five or more years have passed since the candidate was enrolled in the EPP.
The following is a description of the proposed amendments included in the attachment.
§228.2. Definitions.
The proposed amendment in new §228.2(5) would define campus supervisor as a school administrator or designee responsible for the annual performance appraisal of an intern. This definition is necessary to ensure clarification of the role of a campus.
The proposed amendment in §228.2(5) would be renumbered to paragraph (6) for technical formatting purposes.
The proposed amendment in new §228.2(7) would define candidate coach in §228.33(b)(1)–(3) as one who participates in a minimum of four observation/feedback coaching cycles provided by program supervisors, completes a TEA-approved observation training or has completed a minimum of 150 hours of observation/feedback training, and has current certification in the class in which supervision is provided. This definition is necessary to ensure clarification of the role of a candidate coach as it relates to an intensive pre-service preparation program.
The proposed amendment in §228.2(6)–(33) would renumber the provisions to paragraphs (8)–(35) for technical formatting purposes.
§228.10. Approval Process.
Proposed new §228.10(g) would provide clarification to EPPs on how to add replacement certificates to their certification offerings due to the addition of the science of teaching reading requirement codified in HB 3, 86th Texas Legislature, 2019. EPPs interested in these replacement certificates would be required to submit an attestation letter by December 1, 2020 that the EPP's curriculum would be updated by January 1, 2021 to prepare candidates for the replacement certificates that reflect the new science of teaching reading requirement. This would allow EPPs that are offering existing certificates to continue offering them in their new form without having to reapply and pay the application fee. EPPs that do not request authorization to issue replacement certificates by the deadline will have to apply as prescribed in §228.10 and candidates pursuing the current certificates who are in these programs and have not completed all program requirements by January 1, 2021 will be required to seek approval in an EPP that has requested the replacement certificates.
The following table depicts the current and replacement certificates.
|
Current Certificates |
Replacement Certificates Reflecting the Science of Teaching Reading |
|
Core Subjects: Early Childhood–Grade 6 |
Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6 |
|
Core Subjects: Grades 4–8 |
Core Subjects with Science of Teaching Reading: Grades 4–8 |
|
English Language Arts and Reading: Grades 4–8 |
English Language Arts and Reading with Science of Teaching Reading: Grades 4–8 |
|
English Language Arts and Reading/Social Studies: Grades 4–8 |
English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4–8 |
§228.15. Program Consolidation or Closure.
Proposed new §228.15(3) would require that an EPP that is closing not admit candidates or recommend candidates for intern or probationary certificates within one year of the August 31 closure date, allowing candidates the necessary one-year minimum to complete program requirements and an internship.
Proposed new §228.15(5) would include payment of the Accountability System for Educator Preparation Program (ASEP) technology fee as part of the required actions by a program that is closing or consolidating to ensure that EPPs do not use consolidation or closure as a means to evade paying the required fee.
Proposed new §228.15(e) would prescribe that TEA staff will recommend the revocation of an EPP’s continuing approval for violation of any of the required actions when closing or consolidating. This would ensure that EPPs focus on supporting currently enrolled candidates while going through the closure process rather than enrolling and admitting new candidates who will not be able to complete the program by the time of closure or consolidation.
The proposed amendment in §228.15(a)(3)–(4) would renumber the provisions to paragraphs (4)–(5) for technical formatting purposes.
§228.20. Governance of Educator Preparation Programs.
Proposed new §228.20(h) would require an EPP to have a published exit policy that candidates review and sign upon admission. This would provide clarity for the candidates and the program in the event an EPP dismisses a candidate from the program.
§228.30. Educator Preparation Curriculum.
The proposed amendment in §228.30(c)(3) would comply with the statutory requirements of HB 18, 86th Texas Legislature, 2019, that allow an accredited IHE or certain alternative certification programs to offer a course or component of a course to meet the mental health, substance abuse, and youth suicide training requirement as part of a degree program.
The proposed amendment in §228.30(d)(4) would clarify that the curriculum EPPs provide to candidates for the classroom teacher class of certifications must include the skills and competencies adopted by the SBEC, which are reflected in Chapter 235, Classroom Teacher Certification Standards. This would ensure alignment between EPP curriculum and the SBEC-approved standards for teachers and would provide consistency between different rule chapters.
The proposed amendment in §228.30(e) would clarify that the curriculum EPPs provide to candidates for the principal class of certificates include the skills and competencies adopted by the SBEC, which are reflected in Chapter 241, Certification as Principal. This would ensure alignment between the EPP curriculum and the SBEC-approved standards for principals.
The proposed amendment in §228.30(f) would update a cross reference for technical formatting purposes.
§228.35. Preparation Program Coursework and/or Training.
The proposed amendment in §228.35(b)(2) would clarify that the 150 clock-hours of coursework and/or training that are required prior to a candidate’s clinical teaching or internship reflect the subject-matter curriculum prescribed in §228.30(d)(4) to ensure alignment with the SBEC-adopted classroom teacher standards.
The proposed amendment in §228.35(e)(2)(B)(vi) and (vii) would provide simplified rule text with a limited set of reasons that an EPP can stop supporting a candidate during an internship and what must happen if a candidate leaves an internship assignment. The proposed amendment to §228.35(e)(2)(B)(vi)(II)–(IV) would provide technical edits to remove duplicative language.
The proposed amendment in §228.35(e)(2)(B)(vii) and (viii) would renumber the provisions to clauses (ix)–(x) for technical formatting purposes.
Proposed new §228.35(e)(8)(B) would specify that a practicum may not take place exclusively during a summer recess. This would ensure that candidates for certification in a class other than classroom teacher (i.e., superintendent, principal, reading specialist, school librarian, school counselor, educational diagnostician) receive experience with the standards that include students, faculty, parents, and special committees that occur during the regular academic year.
The proposed amendment in §228.35(e)(8)(D) would update a cross reference for technical formatting purposes.
The proposed amendment in §228.35(e)(9)(C) and (D) would provide guidance for candidates who must complete requirements for clinical teaching or a practicum outside of the state of Texas, in subparagraph (C), and outside the United States, in subparagraph (D), as a result of specific circumstances. For clinical teaching or practicum outside of Texas, a candidate may be approved for placement at a specific site based on the military assignment of the candidate or spouse; an illness of the candidate or a family member for whom the candidate is the primary caretaker; the candidate becoming the primary caretaker of a family member residing out of state; or the candidate's or spouse's transfer of employment. This change is necessary to provide flexibility to candidates who undergo major life changes and clarity to TEA staff, candidates, and EPPs. This provides flexibility with an emphasis on Texas-based clinical teaching and practicum experiences.
The proposed amendment in §228.35(h) would re-order paragraphs (1)–(3) to provide clarity regarding the number of minutes required for observations for practicum candidates.
The proposed amendment in §228.35(i)(2) and (3) would update cross references for technical formatting purposes.
§228.40. Assessment and Evaluation of Candidates for Certification and Program Improvement.
The proposed amendment in §228.40(d) comes at the request of EPPs and would provide guidance for EPPs and candidates in instances where a candidate completed a certification program but did not take the appropriate certification examination in a timely fashion. If the candidate returns to test after the standards and/or certification examination(s) have changed or after five or more years have passed following completion of the program, both the candidate and program would be at a disadvantage in terms of preparation. This revision would allow a program to determine examination readiness of the candidate and make test approval contingent on completing additional coursework and/or training as needed for the candidate to show he or she is prepared to pass the test following time away from the preparation.
The attachment reflects the proposed rule text changes.
SBOE Review of Proposed SBEC Rules
Under the TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rule by a vote of at least two-thirds of the members of the SBOE present and voting but may not modify a rule.
FISCAL IMPACT: No changes have been made to this section since published as proposed. The TEA staff has determined that there is no additional fiscal impact on state and local governments and there are no additional costs to entities required to comply with the proposal.
LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed. The proposal would have no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.
SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed. The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.
COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed. The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.
TAKINGS IMPACT ASSESSMENT: No changes have been made to this section since published as proposed. The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.
GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed. The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state’s economy.
PUBLIC BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed. The public benefit anticipated as a result of the proposal would be clear guidance to EPPs on requirements for providing preparation to an individual seeking certification as an educator. The TEA staff has determined there is no anticipated cost to persons required to comply with the proposal.
DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed. The proposal would have no new data and reporting impact.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed. The TEA staff has determined the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.
PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of comments received by the SBEC on its proposed rules is shared with the SBOE under separate cover prior to this SBOE meeting.
MOTION TO BE CONSIDERED: The State Board of Education:
Take no action on proposed amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Tam Jones, Director, Educator Preparation
Attachment:
Text of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs