January-February 2024 Committee on School Initiatives Item 11
Review of Proposed Revisions to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans
February 1, 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 propose amendments to 19 Texas Administrative Code (TAC) Chapter 234, Military Service Members, Military Spouses, and Military Veterans. The proposed revisions would implement Senate Bills (SBs) 422 and 544 and House Bill (HB) 621, 88th Texas Legislature, Regular Session, 2023. The proposed revisions would add military service members as being eligible to receive several of the provisions in place for military spouses; would add provisions to issue a three-year temporary certificate to eligible military veterans, peace officers, fire protection personnel, and emergency medical services personnel; and would also add provisions for the issuance of a one-year temporary certificate to certain instructors for the Community College of the Air Force.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 234 is the Texas Education Code (TEC), §§21.041(b)(2) and (4); 21.044(a); 21.0444, as added by HB 621, 88th Texas Legislature, Regular Session, 2023; 21.052(b-1), (c), (d-1), (f), and (i); 21.0525, as added by SB 544, 88th Texas Legislature, Regular Session, 2023; 21.054; and 21.458(a-2), as added by HB 621, 88th Texas Legislature, Regular Session, 2023; and Texas Occupations Code (TOC), §§55.001; 55.002; 55.003; 55.004(a)-(c); 55.004(d), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.0041, as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.005(a), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.005(b); 55.006; 55.007; 55.008; 55.009; and 55.010.
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)(4), requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
TEC, §21.044(a), 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, §21.0444, as added by HB 621, 88th Texas Legislature, Regular Session, 2023, creates a temporary certification to teach career and technology education for certain military service members and first responders and requires the SBEC to propose rules for certificate issuance.
TEC, §21.052(b-1), requires the SBEC to propose rules to establish procedures to establish residency and expedite processing of certification applications submitted by a military veteran or military spouse.
TEC, §21.052(c), states the SBEC can specify the term of a temporary certificate issued under this subsection.
TEC, §21.052(d-1), requires the SBEC to issue a three-year temporary certificate to eligible military spouses of active-duty service members.
TEC, §21.052(f), requires the SBEC to maintain an Internet website that outlines the procedures for military community members to obtain certification in Texas.
TEC, §21.052(i), defines active-duty service, lists the branches of the United States armed forces, and confirms the members of the military community eligible for processes established to certify educators from outside the state.
TEC, §21.0525, as added by SB 544, 88th Texas Legislature, Regular Session, 2023, creates a temporary teaching certificate for certain persons with experience as instructors for the Community College of the Air Force and requires the SBEC to propose rules for certificate issuance.
TEC, §21.054, requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators’ continuing education requirements.
TEC, §21.458(a-2), as added by HB 621, 88th Texas Legislature, Regular Session, 2023, specifies that a school district shall assign a mentor teacher to a classroom teacher who has been issued a temporary certificate to teach career and technology education under TEC, §21.0444 for at least two years.
TOC, §55.001, defines key terms and identifies the individuals relevant to the processing and support of members of the military community.
TOC, §55.002, provides clarification and guidelines for implementing fee exemptions for members of the military community.
TOC, §55.003, states military service members are eligible to receive a two-year extension of time to complete requirements for license renewal.
TOC, §55.004(a)-(c), requires state agencies to adopt rules for issuance of licensure to members of the military community and provides alternatives to become eligible for licensure.
TOC, §55.004(d), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023, requires state agencies to adopt rules to allow military service members to use the same options as military spouses to meet the residency and other state-specific requirements for licensure.
TOC, §55.0041, as amended by SB 422, 88th Texas Legislature, Regular Session, 2023, updates the section title to add military service members and include them in all related provisions addressed by this section.
TOC, §55.005(a), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023, specifies that a state agency that issues a license must do so no later than 30 days following the date that a military service member, military veteran, or military spouse applies for licensure.
TOC, §55.005(b), requires that a license issued under §55.005 confers the same rights, privileges, and responsibilities as a license not issued under §55.005.
TOC, §55.006, requires state agencies to determine renewal requirements for expedited licenses issued to members of the military community.
TOC, §55.007, provides state agencies authority to credit verified military service, training, or education toward licensing requirements.
TOC, §55.008, authorizes state agencies to credit verified relevant military service, training, or education relevant to the occupation toward the apprenticeship requirements for licensure.
TOC, §55.009, confirms state agencies that issue licensure shall waive license application and examination fees paid to the state for applicable members of the military community.
TOC, §55.010, requires state agencies to prominently post notification of licensure provisions for military service members, military veterans, and military spouses on the home page of the agency's website.
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 234 consolidate all military-related provisions into one chapter for all members of the military community (i.e., military service members, military spouses, and military veterans).
The proposed revisions to 19 TAC Chapter 234 would implement SBs 422 and 544 and HB 621, 88th Texas Legislature, Regular Session, 2023. The following is a description of proposed revisions included in the attachment.
§234.1. Purpose.
The proposed amendment to 19 TAC §234.1 would create a new subsection (b) that adds peace officers, fire protection personnel, emergency medical services personnel, and qualified instructors for the Community College of the Air Force to these provisions usually dedicated to members of the military community (i.e., military service members, military spouses, and military veterans). The SBEC is proposing this change to implement legislation passed during the 88th Texas Legislature Regular Session, 2023, in a more streamlined manner by placing all the statutory provisions into one SBEC rule chapter. Proposed new subsection (c) would be re-lettered accordingly.
§234.3. Definitions.
The proposed amendment to 19 TAC §234.3 would expand the section by adding the definitions of the following additional eight terms: permanent change of station order, review of credentials, peace officer, fire protection personnel, emergency medical services personnel, Texas Education Agency staff, license, and state agency. These definitions are being added to align with provisions in legislation and to offer further clarity in the review and processing of requests from members of the military community and additional groups identified in the most recent legislation passed (e.g., peace officer, fire protection personnel, emergency medical services personnel).
§234.5. Certification of Military Service Members, Military Spouses, and Military Veterans.
The proposed amendment to 19 TAC §234.5(a) would strike the language "as soon as practicable" to replace it with "within 30 days of receipt of a complete application" to align with specifications in SB 422 that emphasize the importance of timely review and processing of certification applications submitted by members of the military community.
The proposed amendment to 19 TAC §234.5(b) would add military service members and military veterans to the one-year certificate issuance provisions referenced in this section that are already in place for military spouses following completion of a successful review of out of state credentials.
Proposed new 19 TAC §234.5(f) would implement provisions from SB 422 to allow a military service member to be issued a three-year temporary certificate upon successful completion of a credentials review or to declare his or her intent to teach in Texas up to three years maximum on a license issued by another state department of education following TEA's review of his or her credentials and written confirmation of approval. These proposed changes mirror provisions reflected in 19 TAC §234.5(d) and §234.5(e) and established for military spouses in previous legislative sessions.
Proposed re-lettered 19 TAC §234.5(g) would add military spouses to the provisions already in rule, and the subsequent subsections would be re-lettered, with no additional changes to the rule text.
Proposed new 19 TAC §234.5(m) would be added to reference applicability of the permanent change of station order as an acceptable document that can be submitted by members of the military community to establish residency requirements as applicable for certificate issuance and to serve as an acceptable form of identification to approve the military-related fee exemptions and other established provisions for members of the military community.
§234.6. Review of Credentials and Issuance of Licensure to Military Service Members, Military Spouses, and Military Veterans.
The proposed amendment to 19 TAC §234.6(b)(1) would add clarification that a military service member is eligible for issuance of the Texas standard certificate following approval of an exemption from required examinations or after the required state certification examinations have been passed. The proposed amendment would also confirm that completion of a criminal background check is also required prior to certificate issuance.
The proposed amendment to 19 TAC §234.6(b)(2)(C) would add clarification that military spouses are eligible for issuance of the Texas standard certificate following approval of an exemption from required examinations or after the required state certification examinations have been passed.
The proposed amendment to 19 TAC §234.6(b)(3) would add clarification that military veterans are eligible for issuance of the Texas standard certificate following approval of an exemption from required examinations or after the required state certification examinations have been passed. The proposed amendment also confirms that completion of a criminal background check is also required prior to certificate issuance.
Proposed new 19 TAC §234.6(c) would implement a provision in SB 422 to clarify that a change in the marital status of a military spouse would not impact his or her right to utilize provisions specified in 19 TAC §234.6(b)(2)(A) and (B).
19 TAC §234.9. Certification of Military Veterans, Peace Officers, Fire Protection Personnel, and Emergency Medical Services Personnel.
Proposed new 19 TAC §234.9(a)-(c) would implement provisions of HB 621, 88th Texas Legislature, Regular Session, 2023, to identify military veterans, peace officers, fire protection personnel, and emergency medical services personnel as the population of individuals eligible to receive the three-year temporary certificate for career and technology education and would establish the requirements for certificate issuance.
Proposed new 19 TAC §234.9(d) would provide guidance on the process to obtain a Texas standard certificate following expiration of the three-year temporary certificate.
§234.11. Certification of Full-Time Instructors for the Community College of the Air Force.
Proposed new 19 TAC §234.11(a) and (b) would implement provisions of SB 544, 88th Texas Legislature, Regular Session, 2023, to identify full-time instructors for the Community College of the Air Force as the population of individuals eligible to receive the one-year temporary certificate and would establish the requirements for certificate issuance. Proposed new §234.11(c) would provide guidance on the process to obtain a Texas standard certificate following expiration of the one-year temporary certificate.
Technical edits were made where applicable in the proposal to align the singularity of the terms military service member, military spouse, and military veteran.
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 is no additional fiscal impact on state and local governments and that 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 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 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 increase the number of individuals subject to the rule's applicability because it would add military service members to some of the provisions already in place for military spouses, would add military veterans, peace officers, fire protection personnel, and emergency medical services personnel to the list of individuals eligible to receive a new, temporary three-year certificate created by the 88th Texas Legislature, Regular Session, 2023, to teach career and technology courses and would add full-time instructors for the Community College of the Air Force to the list of individuals eligible to receive a new temporary, one-year certificate, also created by the legislation. The proposed rulemaking would also create a new regulation by adding sections to these rules to comply with legislation and effectively implement the bills, and it would expand an existing regulation by adding to the population of individuals eligible to obtain certification and benefit from provisions specified in legislation.
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 limit or repeal an existing regulation; would not 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 continued support to members of the military community who seek to become educators in Texas and the creation of additional certification pathways for military veterans, peace officers, fire protection personnel, emergency medical services personnel, and full-time instructors for the Community College of the Air Force. There is no anticipated cost to persons who are required to comply with the proposal, unless the TEA staff is unable to qualify them for military-fee exemption provisions already established in rule by past legislation. Any individuals not eligible for the military-fee exemption provisions would be subject to the costs already established and applicable to anyone interested in pursuing teacher certification in Texas.
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 that the proposal would not require a written report or 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 revisions to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans.
Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Marilyn Cook, Senior Director, Educator Preparation and Certification
Attachment:
Text of Proposed Revisions to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans