September 10, 2020 Committee on School Initiatives Item 5
Review of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates
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 233, Categories of Classroom Teaching Certificates. The proposed amendments would implement the statutory requirements in House Bill (HB) 3, 86th Texas Legislature, 2019, that 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 proposed amendments would create four replacement certificates with corresponding requirements and deadlines for issuance: 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. Technical changes would also provide clarification and consistent information related to the classroom teacher certificates issued by the SBEC.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 233 is the Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1)–(4) and (6); 21.044(e) and (f); 21.048(a); 21.0442 and 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.048(a-2), as amended by HB 3, 86th Texas Legislature, 2019; 21.0489, as added by Senate Bill (SB) 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; and 22.0831(f).
TEC, §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B.
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), requires 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.
TEC, §21.041(b)(2), requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.
TEC, §21.041(b)(3), requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.
TEC, §21.041(b)(4), requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
TEC, §21.041(b)(6), requires the SBEC to propose rules that provide for special or restricted certification of educators, including certification of instructors of American Sign Language.
TEC, §21.044(e), provides the requirements that SBEC rules must specify for a person to obtain a certificate to teach a health science technology education course.
TEC, §21.044(f), provides that SBEC rules for obtaining a certificate to teach a health science technology education course shall not specify that a person must have a bachelor's degree or establish any other credential or teaching experience requirements that exceed the requirements under TEC, §21.044(e).
TEC, §21.0442, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create an abbreviated educator preparation program (EPP) for trade and industrial workforce training.
TEC, §21.048(a), requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC. TEC, §21.048(a), also specifies that the commissioner of education shall determine the satisfactory level of performance required for each certification examination and require a satisfactory level of examination performance in each core subject covered by the generalist certification examination.
TEC, §21.048(a-2), as amended by HB 3, 86th Texas Legislature, 2019, requires the SBEC to adopt rules to require individuals teaching any grade level from Prekindergarten–Grade 6 to demonstrate proficiency in the science of teaching reading.
TEC, §21.0489, as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create a Prekindergarten–Grade 3 certificate.
TEC, §21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create a probationary and standard trade and industrial workforce training certificate.
TEC, §22.0831(f)(1) and (2), state the SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the 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 TEC, §21.041(b)(2), authorizes the SBEC to adopt rules that specify the classes of educator certificates to be issued, including emergency certificates. The SBEC rules in 19 TAC Chapter 233 establish the general categories of classroom teaching certificates, identify specific grade levels and subject areas of classroom certificates, and, where appropriate, state the general area(s) of assignments that may be taught by the holder of each certificate.
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. To comply with the enabling legislation, the current certificates that cover those grades must be updated to reflect the inclusion of the science of teaching reading component on each of those certificates. The current and proposed replacement certificates are included in the following table.
| Current Certificates | Proposed 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 |
Following is a description of the proposed amendments that reflect those changes, which are included in the attachment.
§233.1. General Authority
The proposed amendment in §233.1(a) would delete the acronym "SBEC" since there are no additional references in §233.1.
The proposed amendment in §233.1(e) would clarify that the provision is related to individuals seeking an initial certificate and would update language regarding the timeframe to use passing scores on eliminated examinations for certification purposes by clarifying the scores must be used in conjunction with completion of all other requirements for certification and would include a recommendation by the EPP, as specified in SBEC rule.
The proposed amendment in §233.1(g) would delete the provision related to teaching assignment options for a Grades 4–8 certificate holder, as it is duplicative since it is addressed in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
The proposed amendment in §233.1(h) would reletter the provision to subsection (g) for technical formatting purposes.
§233.2. Early Childhood; Core Subjects.
The proposed amendment in §233.2(b) would clarify a December 31, 2020 deadline for issuance of the current Core Subjects: Early Childhood–Grade 6 certificate to comply with HB 3, which requires, beginning January 1, 2021, that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading.
The proposed amendment in §233.2(c) would clarify a December 31, 2020 deadline for issuance of the current Core Subjects: Grades 4–8 certificate to comply with HB 3, which requires, beginning January 1, 2021, that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading.
Proposed new §233.2(d) would add the Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6 certificate to comply with HB 3, which requires, beginning January 1, 2021, that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading. The proposed amendment would provide clarification regarding the earliest date of issuance and last date for certificate issuances on appropriate examinations.
Proposed new §233.2(e) would add the Core Subjects with Science of Teaching Reading: Grades 4–8 certificate to comply with HB 3, which requires, beginning January 1, 2021, that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading. The proposed amendment would provide clarification regarding the earliest date of certificate issuance.
§233.3. English Language Arts and Reading; Social Studies
The proposed amendment in §233.3(a) would clarify a December 31, 2020 deadline for issuance of the current English Language Arts and Reading: Grades 4–8 certificate to comply with HB 3, which requires, beginning January 1, 2021, that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading.
Proposed new §233.3(b) would add the English Language Arts and Reading with Science of Teaching Reading: Grades 4–8 certificate to comply with HB 3, which requires, beginning January 1, 2021, that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading. The proposed amendment would provide clarification regarding the earliest date of issuance and last date for certificate issuance on the appropriate examination.
The proposed amendment in §233.3(b) and (c) would reletter the provisions to subsections (c) and (d) for technical formatting purposes.
The proposed amendment in §233.3(d) would clarify a December 31, 2020 deadline for issuance of the current English Language Arts and Reading/Social Studies: Grades 4–8 certificate to comply with HB 3, which requires, beginning January 1, 2021, that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading.
Proposed new §233.3(e) would add the English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4–8 certificate to comply with HB 3, which requires, beginning January 1, 2021, that all educators who teach any grade level from Prekindergarten–Grade 6 demonstrate proficiency in the science of teaching reading. The proposed amendment would provide clarification regarding the earliest date of certificate issuance on the appropriate examinations.
The proposed amendment in §233.3(d)–(h) would reletter the provisions to subsections (f)–(j) for technical formatting purposes.
If proposed changes to 19 TAC Chapter 233 are adopted, TEA staff anticipates future rulemaking specific to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, to align with applicable changes made in this chapter. This action would be necessary to maintain clear communication with the public regarding the current list of classroom certificates issued as it relates to teaching assignments specified in 19 TAC Chapter 231.
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 the continued issuance of classroom teaching certificates to eligible individuals. 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 233, Categories of Classroom Teaching Certificates.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Marilyn Cook, Director, Educator Certification
Attachment:
Text of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates