September 10, 2020 Committee on School Initiatives Item 4

Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment 

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 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment. The proposed amendment would implement the statutory requirements in House Bill (HB) 3, 86th Texas Legislature, 2019, that require that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading on a certification examination beginning January 1, 2021. The proposed amendment would update the examination figure in 19 TAC §230.21(e) to specify the required examination(s) for issuance of the replacement certificates that reflect the science of teaching reading requirement. The proposed amendment would also provide clarification on relevant implementation dates for specific certification examinations.

STATUTORY AUTHORITY:  The statutory authority for 19 TAC §230.21 is the Texas Education Code (TEC), §§21.041(b)(1), (2), and (4); 21.044(a), as amended by Senate Bills (SBs) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017; 21.048, as amended by HB 3, 86th Texas Legislature, 2019; 21.050, as amended by HB 3217, 86th Texas Legislature, 2019; 22.082; and Texas Occupations Code (TOC), §54.003.

TEC, §21.041(b)(1), (2), and (4), 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; specify the classes of educator certificates to be issued, including emergency certificates; and specify the requirements for the issuance and renewal of an educator certificate.

TEC, §21.044(a), as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, 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, §21.048, as amended by HB 3, 86th Texas Legislature, 2019, states the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board that includes not requiring more than 45 days elapsing between examination retakes and that starting January 1, 2021, all candidates teaching prekindergarten through grade six must demonstrate proficiency in the science of teaching reading on a certification examination.

TEC, §21.050(a), states a person who applies for a teaching certificate must possess a bachelor's degree.

TEC, §21.050(b), as amended by HB 3217, 86th Texas Legislature, 2019, states the SBEC shall provide for a minimum number of semester credit hours of field-based experience or internship.

TEC, §21.050(c), states 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, §22.082, requires SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under Chapter 21, Subchapter B.

TOC, §54.003, states a licensing authority shall provide accommodations and eligibility criteria for examinees diagnosed as having dyslexia.

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 230 specify the testing requirements for certification and the additional certificates based on examination. These requirements ensure educators are qualified and professionally prepared to instruct the schoolchildren of Texas. The following provides a description of changes to Chapter 230, Subchapter C, §230.21.

HB 3, 86th Texas Legislature, 2019, requires that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading on a certification examination beginning January 1, 2021. The replacement certificates that incorporate this requirement are reflected in the proposed changes to Chapter 233 that are included in a separate item in this agenda. To comply with the enabling legislation, the appropriate examination(s) required for each of the replacement certificates must be reflected in the testing figure in §230.21(e). Additionally, the current examinations that will change due to the addition of the new science of teaching reading examination requirements must also be updated to reflect the changes.

Subchapter C, §230.21. Assessment of Educators

The proposed amendment to §230.21(e) would update the figure to include the four replacement certificates proposed in Chapter 233 and the associated certification examination requirements along with the corresponding operational dates of those examinations. The current and replacement certificates with the corresponding content pedagogy examinations are reflected on the following table.

The content pedagogy examination, 217 English Language Arts and Reading: Grades 4–8, reflected in the table, would be developed and would replace 117 English Language Arts and Reading: Grades 4–8. Updates to the English Language Arts and Reading Texas Essential Knowledge and Skills (TEKS) provided an opportunity to update the content pedagogy examination. To signal the transition between the two examinations, the proposed figure provides the last operational date of the current 117 and the operational start date for the new 217.

A technical edit to the Educational Diagnostician: Early Childhood–Grade 12 content pedagogy examination would be updated to reflect the correct test number from 251 to 253 to align with test number conventions.

The replacement certificates, as proposed in Chapter 233, would provide clarity on the certification examination requirements and would reflect the science of teaching reading knowledge and skills that teachers with the replacement certificates would demonstrate prior to issuance.

In addition to the proposed amendment related to HB 3, the proposed figure in §230.21(e) would phase out the retired 183 Braille TExES examination for the §233.8 Teacher of Students with Visual Impairments Supplemental: Early Childhood–Grade 12 certificate.

The attachments reflect 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 Texas Education Agency (TEA) staff has determined there is an anticipated fiscal impact on state government (TEA) required to comply with the proposal. The TEA estimates a cost of $128,909 for each of the next five fiscal years (FYs) from FYs 2021–2025 for the development and ongoing administrative costs needed to maintain assessments. The TEA will receive an $11 remittance for each Science of Teaching Reading test taken associated with the Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6, Core Subjects with Science of Teaching Reading: Grades 4–8, English Language Arts and Reading with Science of Teaching Reading: Grades 4–8 and English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4–8 certification fields for an estimated total of $212,754 for FY 2021 and $322,355 for FYs 2022–2025. Based on 2018–2019 testing data, TEA estimates 19,341 examinations taken in FY 2021 and 29,305 Science of Teaching Reading examinations taken per annual year starting FY 2022. There is no additional fiscal impact on local governments or 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 impose a cost on regulated persons, another state agency, a special district, or a local government, and, therefore, is subject to TGC, §2001.0045. However, the proposal is exempt from TGC, §2001.0045, as provided under that statute, because the proposal is necessary to implement legislation. In addition, the proposal is necessary to ensure certified Texas educators are competent to educate Texas students and, therefore, necessary to protect the safety and welfare of the residents of this state.

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 require an increase in fees paid to the agency for each Science of Teaching Reading assessment taken ($11 per assessment), but those fees would be offset by the increased costs to the agency of developing and administering the new test. The development and administration of the Science of Teaching Reading assessment is required by HB 3, 86th Texas Legislature, 2019.

The proposed rulemaking would not create or eliminate a 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 a decrease in fees paid to the agency; would not create a new 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 the increased teacher knowledge and skills in science-based reading instruction, leading to the anticipated growth in student reading performance. The TEA staff determined there is an economic cost to persons required to comply with this proposal. Future teacher candidates seeking certification in Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6, Core Subjects with Science of Teaching Reading: Grades 4–8, English Language Arts and Reading with Science of Teaching Reading: Grades 4–8, and English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4–8 will be required to take the Science of Teaching Reading assessment. Based on 2018–2019 data, TEA staff anticipates this will impact about 19,341 test attempts in FY 2021 with the cost of each test being $136 for a total of $2,630,427 and about 29,305 test attempts in FYs 2022–2025 for a total of $4,029,200 per year. Future teacher candidates for English Language Arts and Reading: Grades 4–8 will be required to take a certification assessment that has both selected-response and constructed-response questions. Based on the 2018–2019 data, TEA staff anticipates this impact to be about 2,186 test attempts with the cost of each test increasing from $116 to $136 for a total of $43,720 starting FY 2022.

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 the proposed amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment.

Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Jessica McLoughlin, Director, Educator Standards and Testing

Attachment I:             
Text of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment

Attachment II:      
Figure: 19 TAC §230.21(e)