April 2024 Committee on School Initiatives Item 11
Review of Adoption of Proposed Repeal of and New 19 TAC Chapter 228, Requirements for Educator Preparation Programs
April 12, 2024
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 adopt the proposed repeal of and new 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed repeal of and new 19 TAC Chapter 228 would reorganize the chapter to allow for improved readability; would implement legislation; would include technical updates to remove outdated provisions specific to the Residency Certificate; and would reflect stakeholder feedback to further strengthen the rules.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 228 is Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1)-(4); 21.044, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023; 21.0441; 21.0442(c); 21.0443; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b)-(c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); §21.04891; 21.049(a); 21.0491; 21.050(a)–(c); and 21.051, as amended by HB 4545, 88th Texas Legislature, Regular Session, 2023; and Texas Occupations Code (TOC), §55.007.
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 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.
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 TEC, Chapter 21, Subchapter B.
TEC, §21.041(b)(2)-(4), requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate.
TEC, §21.044, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include.
TEC, §21.0441, requires the SBEC to set admission requirements for candidates entering educator preparation programs (EPPs) and specifies certain requirements that must be included in the rules.
TEC, §21.0442(c), requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics.
TEC, §21.0443, requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, and requires that the SBEC review each program at least every five years.
TEC, §21.045(a), requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey.
TEC, §21.0452, requires the SBEC to make information about EPPs available to the public though its internet website and gives the SBEC authority to require any person to give information to the Board for this purpose.
TEC, §21.0453, sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information.
TEC, §21.0454, gives the SBEC rulemaking authority to set risk factors to determine the Board’s priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors.
TEC, §21.0455, gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates.
TEC, §21.046(b), requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours.
TEC, §21.046(c), requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success.
TEC, §21.048(a), requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the Board.
TEC, §21.0485, states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC.
TEC, §21.0487(c), requires the SBEC to propose rules related to approval of educator preparation programs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements.
TEC, §21.0489(c), sets out the requirements for Early Childhood certification.
TEC, §21.04891, sets out the requirements for the Bilingual Special Education certification.
TEC, §21.049(a), requires the SBEC to propose rules providing for educator preparation programs as an alternative for traditional preparation programs.
TEC, §21.0491, requires the SBEC to create a probationary and standard trade and industrial workforce training certificate.
TEC, §21.050(a), requires an applicant for teacher certification to have a bachelor’s degree in a relevant field.
TEC, §21.050(b), allows the Board to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education.
TEC, §21.050(c), exempts people who receive a bachelor’s degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification.
TEC, §21.051, as amended by HB 4545, 88th Texas Legislature, Regular Session, 2023, requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences.
TOC, §55.007, requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.
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 in the preparation of candidates for Texas educator certification.
The proposed repeal of and new 19 TAC Chapter 228 was driven by the following primary goals prescribed by the SBEC and were informed by extensive stakeholder feedback on updates to rules allowing for additional candidate supports while continuing to provide flexibility for EPP implementation:
1. Reorganize the chapter to support enhanced organization and readability, including the creation of subchapters and sections and the streamlining of redundancy to make the rules clearer and more user-friendly.
- Creating subchapters and sections enable the SBEC to update, modify, or remove requirements as SBEC priorities change and to implement legislation effectively and efficiently.
2. Create a residency preparation route leading to an enhanced standard certificate to recognize programs who have implemented this quality preparation pathway and recognize candidates who have completed this extensive preparation.
- A residency preparation route is an option for EPPs and is NOT a requirement. To both recognize and hold EPPs accountable, adding this into rule is a priority of the SBEC.
3. Codify foundational components of the SBEC’s Educator Preparation Framework (EPF), which contain additional research-based best practices prioritized by the field.
Throughout extensive engagement with stakeholders in the Chapter 228 redesign process, additional opportunities to elevate the quality of educator preparation were surfaced and integrated into the draft rule text presented to the SBEC at its September 2023 meeting. The proposed new rules in Attachment I reflect additional edits informed by stakeholder input.
The following is a description of proposed new 19 TAC Chapter 228.
Subchapter A. General Guidance
§228.1, General Provisions
Proposed new §228.1 would provide an overview of the purpose and goals of educator preparation in Texas.
§228.2, Definitions
Proposed new §228.2 would include definitions from the proposed repeal of §228.2, with the addition of definitions for analysis, assignment start date, authentic school setting, clinical experience, completer, co-teaching, enactments, host teacher, performance task, representations, and residency, and revised definitions for campus supervisor, classroom teacher, clinical teaching, cooperating teacher, educator preparation program, field-based experiences, enhanced standard certificate, late hire, and standard certificate.
The proposed new definition of assignment start date would set the point at which the teacher candidate’s internship experience starts for the purpose of field supervision and ongoing support of candidates as required.
The proposed new definition of clinical experience would provide a common term in which to categorize the supervised clinical requirement for each certificate class, including clinical teaching, internship, practicum, and residency.
The proposed new definition of authentic school setting would establish that a candidate cannot count professional development, extracurricular activities, workdays when students are not present, or before or after-school childcare or tutoring as field-based experiences, 30 hours of which are required as pre-requisites for an intern certificate, and that field-based experience hours are allowable in a summer school setting.
The proposed new definition of completer would match the definition in 19 TAC §229.2(10), Definitions, to create consistency between chapters of SBEC rules.
The proposed new definitions of cooperating teacher, mentor, and site supervisor would be streamlined to remove the qualifications and duties of these positions that appear in the proposed repeal of 19 TAC Chapter 228. The qualifications and duties are proposed in new §228.93, Cooperating Teacher Qualifications and Responsibilities, §228.97, Mentor Qualifications and Responsibilities, and §228.99, Site Supervisor Qualifications and Responsibilities, respectively. These proposed new sections would increase clarity and ease of reference so that the public no longer has to go to §228.2 to find definitions for this critical information.
The proposed new definition of entity would be updated with a more specific list of the types of entities that act as EPPs.
The proposed new definition of educator preparation program would define the role of an entity approved by the SBEC.
The proposed new definition of field-based experiences would be updated to include the proposed new defined term authentic school setting and add that field-based experiences include both observation and interaction and are an element of coursework.
The proposed new definition of field supervisor would be modified to improve readability and clarity.
The proposed new definition of school day would specify that conference periods, lunch periods, professional development, and extracurricular activities do not count as part of the school day for purposes of determining the length of a clinical teaching or internship experience.
The proposed new definition of late hire would specify that after the 45th day before the first day of instruction, an individual must be both accepted into an EPP and hired for a teaching position at a school district.
Definitions are also proposed for the following five terms from the EPF: analysis, co-teaching, enactments, performance task, and representations. The proposed additions would offer clarity to EPPs and candidates around the intended meaning of the terms, how and when they are applied in preparation and practice, and relevance to improving quality practices in approved programs. The additional definitions would provide a common language in the effective preparation of candidates for certification.
The proposed new definitions of school day and school year would provide flexibility by aligning them with the school calendars of the campuses on which the candidates are completing the clinical experiences.
The proposed new definitions of enhanced standard certificate and standard certificate would mirror definitions proposed in new §230.1, Definitions, and align with the inclusion of intern certificate and probationary certificate.
To implement the Residency preparation route, the proposed new language in §228.2, Definitions, would amend the definition of campus supervisor to include residency candidates along with intern candidates, and add definitions of host teacher, residency, and co-teaching to standardize the meaning of those terms.
§228.4, Declared State of Disaster
Proposed new §228.4 would provide continuity of educator preparation program processes during a declared state of disaster.
§228.6, Implementation Date
Proposed new §228.6 would confirm a September 1, 2024 effective date for proposed new Chapter 228, unless a different effective date is noted in rule.
Subchapter B. Approval of Educator Preparation Programs
§228.11, New Entity Approval
Proposed new §228.11 would identify the requirements that must be met by an entity seeking approval from the SBEC as an EPP. The proposed new rule would authorize the Texas Education Agency (TEA) to develop and identify the approval components to be included in the application. TEA staff can revise EPP applications as needed to align with the TEC and TAC.
Proposed new §228.11(a) would require that entities seeking to become an EPP take part in a workshop conducted by TEA staff to familiarize the entity with the SBEC rules.
Proposed new §228.11(a)(2) would create a limitation that an entity seeking initial approval cannot apply to offer more than five certificate categories within one certificate class. This limitation would allow an entity to focus on high-quality preparation and provide TEA staff time to review application materials more efficiently.
Proposed new §228.11(a)(3) would require that an entity seeking approval must demonstrate that it has the staff, knowledge, and expertise to support individuals in each certificate category and class requested.
Proposed new §228.11(d) would establish the timing of the post-approval site visit to occur after the first year in which the new EPP reports that it has completers.
Proposed new §228.11(f) would require an entity seeking approval to have at least one location in Texas that provides candidate’s a face-to-face setting for interacting with EPP staff as necessary.
§228.13, Continuing Educator Preparation Program Approval
Proposed new §228.13 would establish the timeframe for EPP reviews.
Proposed new §228.13(b) would establish the types of continuing approval reviews—an onsite visit involves TEA staff going to the EPP’s location, while a desk review is conducted remotely.
Proposed new §228.13(c) would establish the components of the risk assessment with regard to alignment with requirements in TEC, §21.0454.
Proposed new §228.13(d) would require a continuing approval review when an EPP consolidates with another EPP. This would allow TEA staff to identify whether the surviving EPP is adequately supporting the candidates and certificate categories that it received.
Proposed new §228.13(e) would require an EPP undergoing a continuing approval review to pay the required fees prior to the start of the review. This would prevent EPPs from attempting to evade or indefinitely delay payment.
Proposed new Figure: 19 TAC §228.13(f) would set out the required evidence of compliance that EPPs must create, maintain, and present during the continuing approval review.
Proposed new §228.13(f) would incorporate the requirement that an EPP retain documents demonstrating a candidate’s eligibility for admission and completion of requirements for five years from the date the candidate completes or leaves the EPP. The proposed additions to new §228.13(f) would also specify that the EPP will be scored on a rubric developed and published by TEA staff and provide that 80% of records reviewed by TEA staff must meet or exceed the requirements.
Proposed new §228.13(g) would allow EPPs participating in a Continuing Approval Review pilot to use that pilot to meet the requirements of the five-year continuing approval review.
§228.15, Additional Approval
Proposed new §228.15(b) would set out the requirements for an EPP seeking approval from the SBEC to offer the residency route to certification. It would require the EPP to complete an application outlining its compliance with the residency requirements established within Chapter 228 and Chapter 230, which would be reviewed by the TEA and approved by the SBEC, and would require a post-approval site visit demonstrating compliance with rules once the EPP produces residency completers. Proposed new §228.15(b)(1) would adopt in rule a figure that would describe evidence sources to evaluate and approve residency applications. EPPs will be scored for approval on a rubric developed and published by TEA staff.
Proposed new §228.15(c) would require EPPs to apply for new certification classes or categories, reference the applications that EPPs must complete when seeking to offer a new certificate class or category, and add language about the parameters that must be used by TEA staff to develop the applications. The proposed new language in §228.15(c)(4) would require that an EPP have an accreditation status of Accredited to add new certificate categories and/or classes.
§228.17, Limitations on Educator Preparation Program Amendments
Proposed new §228.17 would establish the process through which an EPP can amend its program.
§228.19, Contingency of Approval
Proposed new §228.19 would specify that approval of an entity is contingent on approval by other governing bodies, including the Texas Higher Education Coordinating Board, board of regents, and school district boards of trustees, and that continuing approval is contingent on compliance with state and federal law.
Subchapter C. Administration and Governance of Educator Preparation Programs
SBEC has updated the subchapter title to more accurately reflect that the proposed new rules focus on both the administration and governance of EPPs.
§228.21, Program Consolidation or Closure
Proposed new §228.21 would state that closure rules apply to an EPP regardless of whether the EPP is closing fully or eliminating certificate classes and regardless of whether the closure is voluntarily or due to SBEC action.
Proposed new §228.21(a)(1) would replace August 31 as the effective date for EPP closure with a more flexible requirement that would specify an effective date of at least 90 days and no more than 270 days after the date of notification of closure or consolidation. This would allow programs to choose a closure date that gives them enough time to fulfill the obligations to candidates.
Proposed new §228.21(a)(2) would require the EPP legal authority to communicate with the TEA on a scheduled basis so that staff from the closing program can seek guidance concerning questions and problems that arise during the close out phase, which ultimately benefits candidates and past finishers.
The proposed new rule text in §228.21(a)(3) would expand the EPP’s obligation to notify candidates of its closure to include candidates who have been enrolled within the last five years and completers within the last five years. This proposed new requirement would ensure that candidates who may still need support or paperwork from the closing EPP are able to learn what options are available.
Proposed new §228.21(a)(5) would require closing EPPs to identify other EPPs to provide test approval and standard certification recommendations for completers at the closing EPP and to provide candidates with all necessary documentation to expedite the candidates’ transfer. This would allow candidates in a closing EPP an easier transition to another EPP and certification.
§228.23, Change of Ownership and Name Change
Proposed new §228.23(d) would set an exception to the general rule that EPPs cannot change their names without a change in ownership to allow colleges and universities to change their names when the entire college or university changes its name. The purpose of the original prohibition on EPP name changes was to prevent EPPs from changing names frequently to confuse or mislead the public.
Proposed new §228.23(e) would require EPPs to report to the SBEC annually any names that the EPP had used “doing business as” during the previous year so that the SBEC can make that information available to the public. By providing this information to consumers, the SBEC allows the public to better understand the true identity and performance history of an EPP.
§228.25, Governance of Educator Preparation Programs
Proposed new §228.25 would establish expectations of how EPPs should govern themselves and collaborate with other entities (i.e., education service centers or local education agencies) to effectively support the preparation and certification of candidates.
Proposed new §228.25(b) would include a specific requirement for the membership of EPP advisory committees that the committee include at least three of the types of interest groups listed in proposed new §228.25(a).
Proposed new §228.25(d) would set out requirements for EPPs approved to offer a residency program to convene key personnel quarterly to review teacher residency implementation data, including candidate performance, to make shared programmatic decisions and inform the continuous improvement of the residency program.
Subchapter D. Required Educator Coursework and Training
§228.31, Minimum Educator Preparation Program Obligations to All Candidates
Proposed new §228.31 would establish general guidelines around expectations of services and supports that EPPs shall provide to all candidates.
Proposed new §228.31(a) would specify by when late hires need to complete admission, coursework, training, and field-based experience requirements.
Proposed new §228.31(b) would require EPPs to identify a dismissal point in their exit policy at which inactive candidates are removed from the EPP and allow a university-based EPP to adopt the university policy for inactive students that must reapply for admission.
Proposed new §228.31(c) would require an EPP to use benchmarks and formal and informal assessment data to design and implement appropriate interventions when needed to ensure continued, effective preparation for certification and teacher candidate support.
Proposed new §228.31(d) would require that an EPP must ensure candidates are adequately prepared to take all certification exams and not just the content pedagogy exams. This additional clarification was inadvertently left off during the initial reorganization of the chapter.
Proposed new §228.31(e) would require an EPP to grant test approval for a completer. If a candidate has returned to the EPP five or more years after completing the program requirements, the EPP may require the candidate to complete additional coursework or training.
Proposed new §228.31(f) would limit when an EPP can prepare a candidate and grant test approval for a certificate category other than the one for which the candidate was initially admitted to the program. The candidate must meet the requirements for admission in the new certificate category, the EPP must provide coursework and training to the candidate in the new certificate category, and the EPP must ensure that the candidate is adequately prepared for the certification examination in the new certificate category. This would prevent programs from admitting a candidate in one certificate category and switching them to another category for which the candidate is unqualified or unprepared.
Proposed new §228.31(h) would require the EPP to ensure candidates complete all requirements of coursework, training, and the clinical experience before being identified as a completer and being recommended for standard certification, unless the candidate qualifies for an exemption in §228.79, Exemptions from Required Clinical Experiences for Classroom Teacher Candidates.
§228.33, Preparation Program Coursework and/or Training for All Certification Classes
Proposed new §228.33 would establish coursework and training requirements that EPPs must provide to ensure candidate preparedness for certification and readiness for assignments.
Proposed new §228.33(a) would specify that educator effectiveness must be measured in the candidate’s assignment.
Proposed new §228.33(b) would create specific requirements for the coursework and training EPPs provide candidates, including performance-based activities, evaluative tools, and required demonstration of proficiency by candidates.
Proposed new §228.33(c) would clarify that all coursework and/or training must be completed before a candidate is marked a finisher and recommended for either the standard or new enhanced standard certificate.
§228.35, Substitution of Applicable Experience and Training
Proposed new §228.35 would specify that EPPs must develop and implement procedures to allow military-related and non-military related candidates to substitute portions of educator certification requirements with applicable experience and training.
Proposed new §228.35(c) would provide rule text specific to candidates seeking test approval for the Deafblind Supplemental Early Childhood-Grade 12 certification and candidates who have previously completed coursework related to the field in a program approved to offer the Deafblind Supplemental Early Childhood-Grade 12 certification. The language would also indicate that programs may require additional coursework for test approval.
§228.37, Coursework and Training for Classroom Teacher Candidates
Proposed new §228.37 would establish the minimum required clock-hours of coursework and/or training required for initial classroom teacher certification and the Trade and Industrial Workforce Training certificate.
§228.39, Intensive Pre-Service
Proposed new §228.39(a) would establish the requirements that an EPP must provide prior to issuing an intern certificate under the intensive pre-service.
Proposed new §228.39(b) would establish the requirements for a candidate coach under intensive pre-service.
Proposed new §228.39(c) would establish the requirements that a candidate must complete to be eligible for an intern certificate under pre-intensive service.
Proposed new §228.39(d) would provide that a candidate participating in intensive pre-service will be eligible for a probationary certificate as prescribed in §230.37(f), Probationary Certificates.
§228.41, Pre-Service Coursework and Training for Classroom Teacher Candidates
Proposed new §228.41(a) was revised in response to stakeholder feedback, increasing the hours required for field-based experiences from 30 to 50.
Proposed new §228.41(b)(11) would require coursework on instructional planning techniques and inclusive practices for students with disabilities to implement HB 159, 87th Texas Legislature, Regular Session, 2021.
Proposed new §228.41(b)(12) would require coursework on the use of open education resource instructional materials approved by the SBOE to implement HB 1605, 88th Texas Legislature, Regular Session, 2023.
A reference to “performance tasks” would reflect the incorporation of the Effective Preparation Framework (EPF) and its use of performance tasks that support integration of authentic performance tasks throughout the curriculum, in particular during the first 150 hours, which are required before the intern certificate.
§228.43, Pre-Service Field-Based Experiences for Classroom Teacher Candidates
Proposed new §228.43 would establish parameters around field-based experiences and related reflections and increase the required number of interactive hours from 15 to 25 and technology-based hours from 15 to 25 in response to stakeholder feedback.
Proposed new §228.43(c)(2) would provide examples of activities in which candidates may engage during interactive experiences. Flexibility for completion of technology-based hours was added to allow substitute teaching hours.
§228.45, Coursework and Training Requirements for Early Childhood: Prekindergarten-Grade 3 Certification
Proposed new §228.45 would require that coursework and training provided is based on concepts and themes in §228.45(a) and not just in §228.45(a)(1).
§228.47, Coursework and Training Requirements for Bilingual Special Education Certification
Proposed new §228.47 would set the requirements for EPPs of candidates in bilingual special education and implement HB 2256, 87th Texas Legislature, Regular Session, 2021.
§228.49, Coursework and Training Requirements for a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12
Proposed new §228.49 would provide specific language related to the minimum number of clock-hours of coursework and/or training requirements for EPPs offering and candidates who are seeking the Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12 certificate.
§228.51, Coursework and Training for a Deafblind Supplemental: Early Childhood-Grade 12
Proposed new §228.51 would provide specific language related to the minimum number of clock-hours of coursework and/or training requirements for EPPs offering and candidates who are seeking the Deafblind Supplemental: Early Childhood-Grade 12 certificate.
§228.53, Coursework and Training for Non-Teacher Candidates
Proposed new §228.53 would establish coursework and training requirements for certification areas other than classroom teacher and ensure consistency in candidates’ preparation that is directly aligned with the educator standards.
§228.55, Late Hire Candidates
Proposed new §228.55 would establish flexibilities and responsibilities related to beginning employment later than originally anticipated for candidates, local employment agencies, and EPPs.
Proposed new §228.55(c) would require an EPP to deactivate a candidate’s intern or probationary certificate if the candidate is a late hire and does not complete the required pre-internship coursework and training within 90 days of the start of the internship. This would incentivize EPPs to ensure that their candidates receive the required training timely and prevent untrained educators from staying in Texas classrooms.
§228.57, Educator Preparation Curriculum
Proposed new §228.57 would require that the educator standards adopted by the SBEC serve as the curricular foundation for all educator preparation and, for each certificate, the curriculum must address the relevant Texas Essential Knowledge and Skills.
Proposed new §228.57(c) would expand on the varied and rich types of instructional opportunities that EPPs shall support candidates in experiencing. This would align with information in the EPF and reinforce the expectation that candidates are practicing, and receiving feedback on that practice, throughout the program and reinforce the connected relationship between coursework, practice, and coaching.
Proposed new §228.57(c)(8)(c) would require EPPs to teach candidates about assessing students who are receiving virtual instruction and about how to implement virtual learning curriculum to implement Senate Bill 226, 87th Texas Legislature, Regular Session, 2021.
Proposed new §228.57(10) would require coursework on the use of open education resource instructional materials approved by the SBOE for the subject area and grade level of the candidate’s certification category and prohibit coursework on instructional materials that incorporated “three-cueing” into foundational skills reading instruction to implement HB 1605, 88th Texas Legislature, Regular Session, 2023.
Subchapter E. Educator Candidate Clinical Experiences
§228.61, Required Clinical Experiences
Proposed new §228.61 would provide an overview of the clinical experience required for candidates prior to standard certification.
Proposed new §228.61(a) would establish clinical experience options for candidates seeking teacher certification (clinical teaching, internship, or residency) and would include an alternative residency certification route.
Proposed new §228.61(b) would require that teacher candidates participating in an internship experience a full range of professional responsibilities, including the start of the school year, and would provide flexibility to utilize field-based experiences, as needed, to meet this requirement.
Proposed new §228.61(c) would identify the practicum requirement for candidates pursuing certification in non-teacher certificate classes and set the minimum number of clock hours required for completion of a practicum.
§228.63, Locations for Required Clinical Experiences
Proposed new §228.63 would establish the limitations on the location in which a candidate can have an internship, a clinical teaching, or a practicum experience.
Proposed new §228.63(a) was updated from authentic school setting to in-person Prekindergarten-Grade 12 setting to restore the meaning that the candidate must be in an assignment that is in-person in a physical classroom and not in a distance learning or virtual learning classroom.
The requirement in proposed new §228.63(c)(2) was updated to add site supervisor and would identify that the candidate completing a practicum cannot be related to the site supervisor.
Proposed new §228.63 would establish “residency” as a clinical experience across subsections (a)-(g).
§228.65, Residency
Proposed new §228.65 would require that the residency clinical experience include programmatic requirements to issue an enhanced standard certificate and require the program to provide candidates with one full school year of clinical teaching, to include in the first and last day of school, in a classroom with a qualified host teacher in the classroom teaching assignment(s) that matches the certification category sought by the candidate. It would also require that the residency include a minimum of 750 hours in total, with a minimum of 21 hours per week during a school week that does not include closures or disruptions, and the program must document reduced clinical experience hours during weeks with closures or disruptions (see proposed new §228.61(a)). Candidates must complete a minimum of 700 hours in the event of life events such as bereavement, illness, or FMLA.
Proposed new §228.65(b) would require that the instructional setting include one distinct field site, with some exceptions for candidates seeking more than one certification category, Early Childhood-Grade 12 certification, and/or a significant human resources concern, with a limit of two field placements. Exceptions require documentation from both the EPP and partner district. Additionally, it would require that a candidate is co-teaching as lead instructor for at least 400 hours of the residency program.
Proposed new §228.65(c) would establish the requirements for determining a candidate’s readiness for teaching, including requiring the EPP to manage candidate progress toward mastery of educator standards through administration of performance gates at least twice per semester, totaling at least four times a year. It also would require field supervisors to be responsible for assessing and evaluating candidate progression through the program.
Proposed new §228.65(d) would specify the circumstances under which an EPP no longer needs to provide ongoing support to a candidate.
Proposed new §228.65(c) would require the EPP, the district personnel, and the candidate to inform one another of the candidate’s departure for any of the reasons stated in proposed new §228.65(d).
Proposed new §228.65(f) would establish the requirements for a candidate’s eligibility for an enhanced standard certificate, including the requirements for issuance in §230.39(b) and the requirements in proposed new §228.65(a)-(c). Additionally, it would define the requirement for candidates to meet a Proficient performance level for all pedagogical skill dimensions. The dimensions listed are the same as those in 19 TAC §150.1002, Assessment of Teacher Performance, with the addition of the Instruction Dimension 2.3: Communication.
Proposed new §228.65(g) would define the requirements for successful completion of a residency, including proficiency in the educator standards and a shared recommendation from the host teacher, field supervisor, and campus administrator. If there is no consensus on the recommendation, documentation of why the candidate is not being recommended for a certificate is required to be submitted to the candidate and the field supervisor, host teacher, and/or campus administrator.
§228.67, Clinical Teaching
Proposed new §228.67 would include language that reflects stakeholder feedback and clarify the duration of clinical teaching in a uniform requirement of 490 hours (the equivalent of 70 days).
In proposed new §228.67(b), the abbreviated clinical teaching allowed for maternity leave would be expanded to parental leave in the interest of shared parental responsibility.
Proposed new §228.67(c) would provide guidance for candidates seeking certification in more than one subject area to complete clinical teaching and confirm EPP and LEA training responsibilities and supports to ensure candidate success.
Proposed new §228.67(d) would require EPPs to structure the clinical teaching assignment in such a manner that candidates are provided co-teaching opportunities and additional experiences to have greater responsibility for the instruction being provided over the course of the clinical teaching assignment. This would directly align with the requirement for the residency certification pathway that explicitly includes co-teaching and a gradual release of responsibility.
Proposed new §228.67(g) would specify that only the certification of the candidate or the discharge, release, or withdrawal of the candidate from the EPP would relieve the EPP of the duty to support the candidate during clinical teaching.
§228.69, Clinical Teaching While Employed as Educational Aide
Proposed new §228.69 would align with the requirements for clinical teaching.
In proposed new §228.69(c), the clinical teaching requirement previously allowed for maternity leave would be expanded to parental leave in recognition of shared parental responsibility.
§228.71, Exceptions to Clinical Teaching Requirement
Proposed new §228.71 would establish the process EPPs utilize if they are unable to support candidates through the clinical teaching process specified in proposed new §228.67, Clinical Teaching.
Proposed new §228.71(b) would require an EPP to request an exception to the clinical teaching requirement by September 15, which coincides with the existing requirement that an EPP submit a written report on the results of a clinical teaching exception by September 15.
Proposed new §228.71(c)(3) would require TEA staff to present the EPP’s report to the SBEC to determine whether the exception should be renewed and require EPPs approved for an exception before September 1, 2022, to submit a report to the TEA by September 1, 2024. This would give the SBEC an opportunity to decide whether to renew exceptions annually rather than continue indefinitely.
§228.73, Internship
Proposed new §228.73(a) would require EPPs to verify that a candidate participating in an internship hold an active intern or probationary certificate.
Proposed new §228.73(g)(5) would require EPPs to request deactivation of the certificate of a late-hire candidate that failed to meet training requirements in a timely manner to parallel the requirement in proposed new §228.55(c), Late Hire Candidates.
In proposed new §228.73(c), the abbreviated internship previously allowed for maternity leave would be expanded to parental leave in recognition of shared parental responsibility.
§228.75, Clinical Experience for Candidate Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12
Proposed new §228.75 would provide specific language related to the clinical teaching requirements for candidates seeking the Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certification.
§228.77, Clinical Experience for Candidate Seeking Deafblind (DB) Supplemental: Early Childhood-Grade 12 Certification
Proposed new §228.77 would provide specific language related to the clinical teaching requirements for candidates seeking the Deafblind Supplemental: Early Childhood-Grade 12 certification.
§228.79, Exemptions from Required Clinical Experiences for Classroom Teacher Candidates
Proposed new §228.79 would include residency in existing exemptions included in subsections (a) and (b) to exempt candidates pursuing classroom teacher certificates from required clinical experiences.
§228.81, Clinical Experience for Certification Other Than Classroom Teacher
Proposed new §228.81 would establish requirements for EPPs and candidates on completing clinical experience in certificate classes other than classroom teacher.
Proposed new §228.81(f) would specify that only the certification of the candidate, or the discharge, release, or withdrawal of the candidate from the EPP, would relieve the EPP of the duty to support the candidate during the practicum experience.
Specificity was added to proposed new §228.81(d)(1) to include feedback from the candidate’s site supervisor, which is responsive to stakeholder feedback and mirrors similar requirements added for clinical teaching and internships.
Subchapter F. Support for Candidates During Required Clinical Experiences
§228.91, Mentors, Cooperating Teachers, Host Teachers, and Site Supervisors
Proposed new §228.91(a) would establish the shared responsibility of the EPP and district/campus administrator to determine selection criteria and develop a shared selection process to assign mentors, cooperating teachers, host teachers, and site supervisors to candidates as appropriate.
Proposed new §228.91(b) would specify for teacher residencies that the EPP and district/campus administrator share responsibility to assign host teachers to candidates, by determining the selection criteria and development of a scoring rubric.
Proposed new §228.91(c) would require a mentor or site supervisor be assigned within three-weeks of the start date of an internship or practicum and that a candidate not remain in a placement without an assigned mentor or site supervisor for longer than three weeks.
Proposed new §228.91(d) would provide provisions for cooperating teacher, mentor, host teacher, or site supervisor selection if there is not an individual that matches the criteria for qualification.
Proposed new §228.91(e) would require the EPP to provide research-based training to mentors, cooperating teachers, host teachers, and site supervisors. An education service center or district entity may provide that training with proper documentation of evidence shown in Figure: 19 TAC §228.13(f).
§228.93, Cooperating Teacher Qualifications and Responsibilities
Proposed new §228.93(a)(3) would update the training provided to the cooperating teacher by the EPP to include co-teaching strategies. The window of time in which training must be provided would be expanded to twelve weeks before or three weeks after the candidate assignment.
In proposed new §228.93(a)(4), “not assigned to the clinical teacher” would parallel language to the similar requirement for mentor teacher qualifications.
§228.95, Host Teacher Qualifications and Responsibilities
Proposed new §228.95(a) would define the requirements for host teachers as at least three creditable years of teaching experience (19 TAC Chapter 153, Subchapter CC, Commissioner’s Rules on Creditable Years of Teaching Experience), recognition as an accomplished teacher demonstrated by at least three years of teacher evaluations with a proficient or above proficient appraisal rating, evidence of student growth and achievement impact, and other dispositional criteria defined by the EPP and district/campus administration partnership. Host teachers are required to be trained by the EPP at least twice per school year on best practices in coaching, mentoring, and co-teaching, cannot already be assigned as a field supervisor, and are required to hold a valid certificate in the certification category of the residency assignment.
Proposed new §228.95(b) would establish the duties of a host teacher to include supporting the candidate’s development in a co-teaching model that allows for gradual release of the candidate to lead instruction, providing feedback and support on key dimensions such as classroom management and assessment, and reporting the candidate’s progress during collaboration with the field supervisor at least monthly.
§228.97, Mentor Qualifications and Responsibilities
Proposed new §228.97(a)(5) would provide flexibility to the training requirement for mentor teachers by expanding the window of time of the training to twelve weeks before or three weeks after the candidate’s assignment start date.
§228.99, Site Supervisor Qualifications and Responsibilities
Proposed new §228.99 would set out the qualifications and responsibilities of a site supervisor in a separate subsection for ease of reference. Section 228.99(a)(3) would provide flexibility to the training requirement for site supervisors by expanding the window of time in which the EPP must provide the training from three weeks to within twelve weeks before or three weeks after the candidate’s assignment start date. This flexibility would allow for training to occur before the start of school if needed.
§228.101, Field Supervisor Qualifications and Responsibilities
Proposed new §228.101(a) would identify the field supervisor must be an accomplished educator with experience and certification in the class of certificate being pursued by the candidate observed and the appropriate training for the role of field supervisor.
Proposed new §228.101(a)(4) would require that field supervisors of residency candidates are trained annually by the EPP in coaching, candidate evaluation, and co-teaching strategies and participate in school and district trainings as determined by the partnership. All other qualifications would remain consistent with field supervisor qualifications for all other candidates.
Proposed new §228.101(a)(8) and (9) would establish that a field supervisor must hold a current certification in which supervision is provided or, at a minimum, a master’s degree in the academic area or field related to the certification area being supervised and compliance with continuing professional education requirements in Chapter 232, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements.
Proposed new §228.101(b)(1) would require the supervision of each candidate be conducted by a field supervisor that has been trained annually by the EPP and completes the TEA-approved field supervisor training every three years. Field supervisors that have previously completed the TEA-approved training must renew the training by September 1, 2026. Field supervisors that hold valid Texas Teacher Evaluation and Support System (T-TESS) certification do not need to complete the TEA-approved field supervisor training.
Proposed new §228.101(b)(5)(A) would require that, at a minimum, field supervisors must provide informal observations and ongoing coaching, informed by the areas identified for improvement in the formal post-observation conference, at least three times per semester for at least 15 minutes for candidates in clinical teaching, internships, and practicum assignments, and must include observation and feedback on targeted skills.
The language in proposed new §228.101(b)(5)(B) would require that the first informal observation must occur within the first six weeks of the clinical teaching or internship assignment and must be in person, while providing flexibility for the remainder of informal observations to be conducted in person or virtually.
Proposed new §228.101(b)(5)(C) would establish that all informal observations for practicums may be conducted virtually.
Proposed new §228.101(b)(6) would require the first two informal observations for late hire candidates to be conducted in person within the first eight weeks of the candidate’s start date to ensure early responsive support for teacher candidates who are entering the classroom as a teacher of record with limited previous preparation.
Proposed new §228.101(b)(7) would require informal observations for candidates in residency assignments.
Proposed new §228.101(b)(9)-(12) would require that the field supervisor must collaborate with the candidate and cooperating teacher, mentor and campus supervisor, or site supervisor, as applicable throughout the clinical experience and would define quality and frequency of the collaboration to ensure candidates receive consistent support.
§228.103, Formal Observations for Candidates in Residency Assignments
Proposed new §228.103(a) would require the EPP to provide the first formal observation within the first six weeks of the residency assignment.
Proposed new §228.103(b) would require two in-person 45-minute formal observations per semester that include pre- and post-observation conference with the candidate.
§228.105, Formal Observations for All Candidates for Initial Classroom Teacher Certification
Proposed new §228.105 would set out the requirements for formal observations that apply to all classroom teacher certification candidates regardless of their certification route.
§228.107, Formal Observations for Candidates in Clinical Teaching Assignments
Proposed new §228.107 would set out the observation requirements that apply specifically to clinical teaching. The observation requirements would align with the duration of clinical teaching in proposed new §228.67, Clinical Teaching.
§228.109, Formal Observations for Candidates in Internship Assignments
Proposed new §228.109 would set out the observation requirements that apply specifically to internships. In response to stakeholder feedback, the number of formal observations conducted for candidates holding Probationary certificates was increased from three to five.
§228.111, Formal Observations for Candidates Employed as Educational Aides
Proposed new §228.111 would set out the observation requirements that apply specifically to candidates seeking to complete their clinical teaching while working as educational aides. In response to stakeholder feedback, the number of formal observations conducted was increased from three to four.
§228.113, Support and Formal Observations for Candidates Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12
Proposed new §228.113 would set out the observation requirements that apply specifically to candidates seeking supplemental certification as a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12.
Proposed new §228.113(c)(3) would provide specification regarding the pre- and post-observation activities that must be conducted relative to the observation.
§228.115, Support and Formal Observations for Candidates Seeking the Deafblind Supplemental: Early Childhood-Grade 12 Certification
Proposed new §228.115 would set out the observation requirements that apply specifically to candidates seeking supplemental certification as a teacher of Deafblind Supplemental: Early Childhood-Grade 12 certification.
§228.117, Support and Formal Observations for Candidates Other Than Classroom Teacher
Proposed new §228.117 would establish the requirements for EPPs supporting candidates seeking certificates other than classroom teacher during the candidates’ practicums.
Proposed new §228.117(b)(3) would provide specification regarding when the pre-observation and post-observation activities should be conducted relative to the observation.
Subchapter G. Complaints and Investigations
§228.121, Complaints and Investigations Procedures
Proposed new §228.121(d)(3)(B) would require the EPP to respond to requests for more information during a complaint’s investigation within 10 business days.
Proposed new §228.121(d)(4)(D) would require TEA staff to provide written notice to the EPP under investigation when TEA staff closes an investigation.
§228.123, Educator Preparation Program Responsibilities for Candidate Complaints
Proposed new §228.123(a) would establish that an EPP must adopt and send to TEA staff a complaint procedure that requires the EPP to timely attempt to resolve complaints at the EPP level before a complaint is filed with TEA staff.
SBOE Review of Proposed SBEC Rules
Under 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 may be an additional fiscal impact on state or local governments and potential increased costs to entities required to comply with the proposal. The impact to state government is to EPPs and the impact to local government or other entities are to school districts and open-enrollment charter schools.
The requirements created by HB 1605, 88th Texas Legislature, Regular Session, 2023, for EPPs include changes to curriculum regarding the use of open education resource (OER) instructional materials approved by the SBOE and the prohibition of instruction on three-cueing may increase costs for EPPs in developing that curriculum for each year of the first five years the rule is in effect, but that impact is created by the statutory requirement from HB 1605 and not the agency regulation.
There may be costs for an EPP to implement the proposed increase in formal observations (from three to five) for Probationary Certificate holders; the increase in formal observations (from three to four) for candidates completing clinical teaching; and for required informal observations and ongoing coaching at least three times per semester for 15 minutes, with the first informal observation required to be in-person and the flexibility to conduct other observations virtually. While these requirements may increase costs for EPPs, due to the various programmatic models and structures of EPPs, including an EPP’s staffing structure, current number of internally required observations, and travel, TEA staff is unable to estimate the potential cost increase.
The increase in field supervisor training requirements via a TEA-approved training or T-TESS certification beginning in FY27 imposes an additional cost to EPPs. TEA staff has determined a $135-$150 estimated cost per participant for field supervisor training and a $450-$550 estimated cost per participant for T-TESS training. Because both options are acceptable to satisfy Chapter 228 requirements, and because TEA staff are unable to accurately determine the number of individuals by EPP who will need to take these trainings to calculate the scope of this cost due to constraints and due to limitations on the state’s insight into the number of field supervisors active on a year-to-year basis, no additional specificity can be offered.
The proposed teacher residency preparation pathway does require EPPs to apply, at no cost, for residency pathway approval. While there may be additional costs for an EPP associated with developing a high-quality program, the residency preparation pathway is optional for EPPs and is, therefore, not a required cost. The costs to EPPs would be widely variable, in that EPPs may already have an established residency preparation pathway that meets the proposed requirements while other EPPs would need to invest time and resources into the development of the residency preparation pathway.
LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed. The proposal has 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 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 protect the safety and welfare of the residents of this state and necessary to implement HB 1605, 88th Texas Legislature, Regular Session, 2023. In addition, the proposal is necessary to ensure that certified Texas educators are competent to educate Texas students.
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 create a new regulation with the new teacher residency preparation route and would expand existing regulations by adding preparation requirements specifically for two new certification categories under the teacher class of certificate for Deafblind Early Childhood-Grade 12 and Bilingual Special Education Supplemental certifications.
The proposed rulemaking 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 repeal or limit 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 COSTS 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 and better organized rules regarding EPPs. Overall, the proposal will ensure increased responsiveness to candidate needs, and the overall elevation of the quality of educator preparation influenced by the proposal will have a lasting, positive impact on education and the preparation and retention of qualified educators in every classroom. TEA staff has determined there is no anticipated costs 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.
ENVIRONMENTAL IMPACT: No changes have been made to this section since published as proposed. The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.
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 repeal of and new 19 TAC Chapter 228, Requirements for Educator Preparation Programs.
Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Marilyn Cook, Senior Director, Educator Preparation and Certification
Jessica McLoughlin, Senior Director, Educator Quality
Attachment I:
Text of Proposed New 19 TAC Chapter 228, Requirements for Educator Preparation Programs
Attachment II:
Text of Proposed Repeal of 19 TAC Chapter 228, Requirements for Educator Preparation Programs
Attachment III:
Proposed New Figure: 19 TAC §228.13(f)
Attachment IV:
Proposed New Figure: 19 TAC §228.15(b)(1)