June 2024 Committee on School Initiatives Item 6
Review of Adoption of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates
June 28, 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 amendments to 19 Texas Administrative Code (TAC) Chapter 227, Provisions for Educator Preparation Candidates. The proposed amendments would make conforming changes to the Chapter 227 rules given the adopted updates to Chapter 228, Requirements for Educator Preparation Programs, and Chapter 230, Professional Educator Preparation and Certification. The proposed changes would also update the Pre-Admission Content Test (PACT) figure to include the adopted new certificates and aligned PACT exams as well as adopted cut scores.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 227, Subchapter A, §§227.1, 227.5, and 227.10, is the Texas Education Code (TEC), §§21.031; 21.041(b)(1) and (4); 21.044(a) and (g)(2) and (3); 21.0441; 21.0489(c); 21.049(a); 21.050(a); and Texas Occupations Code (TOC), §§53.151, 53.152, and 53.153. The statutory authority for 19 TAC Chapter 227, Subchapter B, §227.103, is the TOC, §53.105.
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)(4), specifies 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, §21.044(g)(2) and (3), requires each educator preparation program (EPP) to provide certain information related to the effect of supply and demand forces on the educator workforce of the state and the performance over time of the EPP.
TEC, §21.0441, requires the SBEC to adopt rules setting certain admission requirements for EPPs.
TEC, §21.0489(c), requires the SBEC to adopt rules establishing eligibility requirements for an Early Childhood: Prekindergarten-Grade 3 certificate.
TEC, §21.049(a), authorizes the SBEC to propose rules providing for educator certification programs as an alternative to traditional EPPs.
TEC, §21.050(a), requires a person who applies for a teaching certificate for which SBEC rules require a bachelor’s degree must possess a bachelor’s degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under the TEC, Chapter 28, Subchapter A.
TOC, §53.151, sets the definitions of “licensing authority” and “occupational license” to have the meanings assigned to those terms by the TOC, §58.001.
TOC, §53.152, requires EPPs to provide applicants and enrollees certain notice regarding potential ineligibility for a certificate based on convicted offenses, the SBEC rules regarding the certificate eligibility of an individual with a criminal history, and the right of the individual to request a criminal history evaluation letter.
TOC, §53.153, requires an EPP to refund tuition, application fees, and examination fees paid by an individual if the EPP failed to provide the required notice under the TOC, §53.152, to an individual who was denied a certificate because the individual was convicted of an offense.
TOC, §53.105, specifies that a licensing authority may charge a person requesting an evaluation under the TOC, Chapter 53, Subchapter D, a fee adopted by the authority. Fees adopted by a licensing authority under the TOC, Chapter 53, Subchapter D, must be in an amount sufficient to cover the cost of administering this subchapter.
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 227 are organized as follows: Subchapter A, Admission to Educator Preparation Programs, and Subchapter B, Preliminary Evaluation of Certification Eligibility. These subchapters establish requirements for admission into an EPP and preliminary evaluation of certification eligibility.
These requirements ensure that EPPs attract and admit applicants who demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of Texas.
The following is a description of the proposed amendments to 19 TAC Chapter 227 that are reflected in Attachments I and II. The proposed amendments would update rule references based on the adopted revisions to 19 TAC Chapter 228 and would update the PACT figure to include the new certificate names and aligned PACT names and associated passing standards based on the adopted revisions to 19 TAC Chapter 230.
Subchapter A. Admission to Educator Preparation Programs
Proposed Amendment to 19 TAC §227.1. General Provisions
The proposed amendment to 19 TAC §227.1(c)(3) would update the statutory reference from TEC, §21.044(e)(3), to TEC, §21.044(g), to conform with updates to statute.
Proposed Amendment to 19 TAC §227.5. Definitions
The proposed amendment to the definition for alternative certification program in 19 TAC §227.5(2) would update the reference from 19 TAC §228.20(a) to adopted new 19 TAC §228.25, Governance of Educator Preparation Programs. The proposed amendment to the definition for clinical teaching in 19 TAC §227.5(7) would update the reference from 19 TAC §228.35 to adopted new 19 TAC §228.67, Clinical Teaching. The proposed amendment to the definition for content pedagogy examinations in 19 TAC §227.5(9) would change “examinations” to “examination” to mirror use of the singular term in the definition for content certification examination in 19 TAC §227.5(8).
Proposed Amendment to 19 TAC §227.10. Admission Criteria
The proposed amendment to 19 TAC §227.10(a)(1) would update the language from “an undergraduate university program” to “a university undergraduate or post-baccalaureate program” to align with the exit policy in adopted new 19 TAC §228.31(b), Minimum Educator Preparation Program Obligations to All Candidates.
The proposed amendment to 19 TAC §227.10(g) would update the reference from 19 TAC §228.35(i)(2) to adopted new 19 TAC §228.45(b), Coursework and Training Requirements for Early Childhood-Grade 3. The proposed amendment would also expand the list of certificates, from 17 to 22, that a certified educator may hold to enroll in an EPP and complete the course of instruction that qualifies him or her to pursue the early childhood certification, including five adopted new Core: Early Childhood–Grade 6 certificates, which are adopted updates to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates.
Proposed Amendment to 19 TAC §227.10(a)(4)(C)
Update to Figure for Pre-Admission Content Test Requirements
The proposed amendment to Figure: 19 TAC §227.10(a)(4)(C) would provide two technical edits, including moving the certificate Early Childhood: Prekindergarten–Grade 3 from Core Subjects to Early Childhood and removing the section header language for “Certification category (continued)” throughout to align with adopted updates to Figure: 19 TAC §230.21(e).
The proposed amendment to Figure: 19 TAC §227.10(a)(4)(C) would remove the certificates Core Subjects Early Childhood–Grade 6, Core Subjects Grades 4–8, English Language Arts and Reading Grades 4–8, and English Language Arts and Reading/Social Studies Grades 4–8 to align with adopted updates to Figure:19 TAC §230.21(e)
The proposed amendment to Figure: 19 TAC §227.10(a)(4)(C) would adjust the passing standard for 790 Texas PACT Core Subjects 4–8 from 94 out of 160 selected response items to 82 out of 128 selected response items, based on updated standard setting committee recommendations.
The proposed amendment to Figure: 19 TAC §227.10(a)(4)(C) would also add the certificates for Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood–Grade 6, Core/Special Education with the Science of Teaching Reading: Early Childhood–Grade 6, Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood–Grade 6, Core/English as a Second Language with the Science of Teaching Reading: Early Childhood–Grade 6, and Special Education Specialist: Early Childhood–Grade 12 to align with adopted updates to Figure: 19 TAC §230.21(e), including the adopted PACT and associated passing standard.
Finally, the proposed amendment to Figure: 19 TAC §227.10(a)(4)(C) would add a new certification category and PACT for Tamil: Early Childhood–Grade 12, in alignment with adopted updates to Figure: 19 TAC §230.21(e). The proposed amendment would also clarify that a passing standard for Tamil: Early Childhood–Grade 12 would be established in the future, in alignment with the launch of the certificate and associated exam in September 2025, which would be codified in future rulemaking.
Subchapter B. Preliminary Evaluation of Certification Eligibility
Proposed Amendment to 19 TAC §227.103. Application
The proposed amendment to 19 TAC §227.103(a) would update the section to mirror language used in 19 TAC §227.107(a) to reference the schedule of fees for certification services.
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. Texas Education Agency (TEA) staff has determined that there is no additional fiscal impact on state or 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. 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 support EPPs in ensuring that educator candidates have the appropriate content knowledge in the subject they intend to teach upon admission to the program.
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.
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.
PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed. 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: That the State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates.
Staff Members Responsible:
Jessica McLoughlin, Senior Director, Educator Quality
Marilyn Cook, Senior Director, Education Preparation and Certification
Attachment I:
Text of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates
Attachment II:
Text of Proposed Figure: 19 TAC §227.10(a)(4)(C)