November 2024 Committee on School Initiatives Item 3

Review of Adoption of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs

November 22, 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 229, Accountability System for Educator Preparation Programs. Chapter 229 establishes the performance standards and procedures for educator preparation program (EPP) accountability. The proposed amendments would provide for adjustments to the 2023–2024 Accountability System for Educator Preparation (ASEP) Manual; would clarify and streamline language and definitions; would organize the rule text by subchapter; and would include technical updates.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 229 is the Texas Education Code (TEC), §§21.041(a), (b)(1), and (d); 21.043(b) and (c); 21.0441(c) and (d); 21.0443; 21.045; 21.0451; and 21.0452.

TEC, §21.041(a), allows the SBEC to adopt rules as necessary for its own procedures.

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(d), states that the SBEC may adopt a fee for the approval and renewal of approval of an EPP, for the addition of a certificate or field of certification, and to provide for the administrative cost of appropriately ensuring the accountability of EPPs.

TEC, §21.043(b) and (c), requires SBEC to provide EPPs with data, as determined in coordination with stakeholders, based on information reported through the Public Education Information Management System (PEIMS) that enables an EPP to assess the impact of the program and revise the program as needed to improve.

TEC, §21.0441(c) and (d), requires the SBEC to adopt rules setting certain admission requirements for EPPs.

TEC, §21.0443, states that the SBEC shall propose rules to establish standards to govern the approval or renewal of approval of EPPs and certification fields authorized to be offered by an EPP. To be eligible for approval or renewal of approval, an EPP must adequately prepare candidates for educator certification and meet the standards and requirements of the SBEC. The SBEC shall require that each EPP be reviewed for renewal of approval at least every five years. The SBEC shall adopt an evaluation process to be used in reviewing an EPP for renewal of approval.

TEC, §21.045, states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all EPPs.

TEC, §21.0451, states that the SBEC shall propose rules for the sanction of EPPs that do not meet accountability standards and shall annually review the accreditation status of each EPP. The costs of technical assistance required under TEC, §21.0451(a)(2)(A), or the costs associated with the appointment of a monitor under TEC, §21.0451(a)(2)(C), shall be paid by the sponsor of the EPP.

TEC, §21.0452, states that to assist persons interested in obtaining teaching certification in selecting an EPP and assist school districts in making staffing decisions, the SBEC shall make certain specified information regarding EPPs in this state available to the public through the SBEC's Internet website.

The full text of statutory citations can be found in the statutory authority section of this agenda.

BACKGROUND INFORMATION AND JUSTIFICATION: EPPs are entrusted to prepare educators for success in the classroom. TEC, §21.0443, requires EPPs to adequately prepare candidates for certification. Similarly, TEC, §21.031, requires the SBEC to ensure candidates for certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state. TEC, §21.045, also requires SBEC to establish standards to govern the continuing accountability of all EPPs. The SBEC rules in 19 TAC Chapter 229 establish the process used for issuing annual accreditation ratings for all EPPs to comply with these provisions of the TEC and to ensure the highest level of educator preparation, which is codified in the SBEC Mission Statement.

Following is a description of the topics for the proposed amendments to 19 TAC Chapter 229. The relevant proposed rule text from 19 TAC Chapter 229 is presented in Attachment I. The updated Figure: 19 TAC §229.1(c), which is the ASEP Manual, is presented in Attachment II. A detailed description is included below.

Subchapter A. Accountability System for Educator Preparation Program Procedures

Proposed new Subchapter A and title would further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future.

§229.1. General Provisions and Purpose of Accountability System for Educator Preparation Programs.

Update of ASEP Manual:

The proposed amendment to Figure: 19 TAC §229.1(c) would update the ASEP manual as follows:

Updates to the table of contents would provide consistent descriptive language for the Principal Survey and Teacher Survey throughout the manual.

Updates to Chapter 1 would remove the date to future updates and to provide consistent descriptive language for the Principal Survey and Teacher Survey.

Updates to Chapter 3 would simplify the description of included individuals to clearly align with 19 TAC §229.4(a)(1)(A). The update would also remove the exception language related to the Performance Assessment for School Leaders, as starting in the 2023-2024 academic year. It is included in Indicator 1A, as prescribed by 19 TAC §229.2(27). Updates to the example also remove this exception. Finally, updates are made to the example to minimize the inclusion of test 291 and to remove 2 of the 3 examples, since it has expired and the procedure for combining the results is now rare. This provides clarity to the field about the calculations.

Updates to Chapter 4 would provide consistency to how the manual refers to the Appraisal of First-Year Teachers by Administrators, including the parenthetical language “Principal Survey,” which is in general usage in the field. This will provide clarity to stakeholders. Further updates will provide clearer language related to the inclusion criteria for teachers in the survey population, including the requirements of employment at the time of the PEIMS snapshot date and holding of their first certificate. This will provide transparency to the field. The worked example would also be updated to reflect these changes.

Updates to Chapter 5 would replace the term “STAAR progress measure” with “STAAR Annual Growth Points” to follow the language in use in 19 TAC Figure: §97.1001(b). This will provide a clear match between the ASEP manual and the data source. The updates would clarify the included individuals, adding a requirement of being enrolled or finishing an EPP within five years prior to their first year employed as a certified teacher of record. This follows inclusion criteria for the principal survey and teacher survey and ensures a clear boundary for the included population. The updates would also clarify the included subject areas and certificate requirements. This would provide transparency as to how these calculations are conducted. The section about included assessments would be updated to match 19 TAC Figure: §97.1001(b), which would provide an accurate description of the data. The section about the scoring approach would be updated to better describe the process used to do the calculation, based on the data that are available. The worked example would be updated based on these changes.

Updates to Chapter 6 would specify that beginning in the 2024-2025 academic year, certificate deactivations must meet the requirements in the newly adopted Chapter 228, Requirements for Educator Preparation Programs. This will provide transparency to the field about this requirement. Updates would also note the timeline for the evaluation of the new observations in adopted new 19 TAC Chapter 228, Subchapter F, Support for Candidates During Required Clinical Experiences, with the new requirements first being used in the 2025-2026 academic year. This includes a requirement that beginning in the 2025-2026 academic year, only candidates that began their clinical experiences after the effective date of the rule would be included in the evaluation. This provides EPPs the opportunity to update their practices while ensuring that the evaluation for this indicator is based on the rules that were in place for the duration of the clinical experience. Additional updates would clarify that observations must occur within the date range of the clinical experience, providing clarity to the field. Updates would also remove the exclusion of demographic data for indicator 4b. This exclusion is no longer needed because the data is now collected and can be used. This update would increase the total amount of data used in the determination of ASEP statuses and align indicator 4b with the other indicators. An update to the worked example would correct the language used for clarity.

Updates to Chapter 7 would provide consistency to how the manual refers to the Evaluation of Educator Preparation Programs by Teachers, including the parenthetical languages “Teacher Survey,” which is in general usage in the field. This will provide clarity to stakeholders. Further updates would provide clearer language related to the inclusion criteria for teachers in the survey population, including the requirements of employment at the time of the PEIMS snapshot date and holding their first certificate. Updates would also remove outdated language. This will provide transparency to the field. The worked example would also be updated to reflect these changes.

Updates to Chapter 8 would remove the EPP commendations for the 2023-2024 academic year. This will provide a pause while Texas Education Agency (TEA) staff work with the Board and stakeholders to update the commendation system aligned with new requirements in Chapter 228.

Updates to Chapter 9 would update the examples to include the language about the surveys updated earlier in the rule. This would provide consistency in usage. Updates would also provide an additional year for programs to make improvements on specific indicators by increasing the number of years in a row necessary for a negative value to be introduced into the Index system from two consecutive years to three consecutive years. Currently, if a program fails the same indicator for the same demographic group or at the aggregated “all” level for two years in a row, the weight assigned to the point value is -1, which has a greater impact on the overall score than missing in the first year, where the weight assigned is a 0. The update would change the timeline so that if a program were to miss in the second year, the value would also be 0, and if the program were to miss for the third year consecutively, then the negative weight would be introduced. This is aligned with discussion from the Board and recommended by stakeholders. The worked example would be updated to reflect this change.

Update to Commendations

The update to §229.1(d) would simplify the language related to commendations and note that commendations will not be designated for the 2023-2024 reporting year. This will provide a pause while TEA staff work with the Board and stakeholders to update the commendation system aligned with new requirements in Chapter 228.

§229.2. Definitions.

The proposed amendment to §229.2(5) “Beginning teacher” would clarify the certification status for a beginning teacher. This would align the definition with the requirements used for the sample population for ASEP indicator 3, which is where the definition is used.

The proposed amendment to §229.2(6) “Candidate” would clarify the enrollment status for a candidate and provide a technical edit to remove a reference that is no longer used. This would align the definition with how it is used elsewhere in the chapter.

The proposed amendment to §229.2(9) “Clinical teaching” would include a technical cross-reference edit to reflect the newly adopted Chapter 228 to change references from §228.35 to §228.2.

The proposed amendment to §229.2(13) “Cooperating teacher” would align the wording to reflect the wording in the newly adopted Chapter 228.

The proposed amendment to §229.2(24) “Internship” would include a technical cross-reference edit to reflect the newly adopted Chapter 228 to change references from §228.35 to §228.2.

The proposed amendment to §229.2(25) “Mentor” would align the wording to reflect the wording in the newly adopted Chapter 228.

The proposed amendment to §229.2(26) would strike the definition of “New Teacher” because it is not used in the rules. Subsequent definitions would be renumbered.

The proposed amendment to §229.2(28), (renumbered to §229.2(27)), “Practicum” would include a technical cross-reference edit to reflect the newly adopted Chapter 228 to change references from §228.35 to §228.2.

The proposed amendment to §229.2(30), (renumbered to §229.2(29)), “Site Supervisor” would align the wording to reflect the wording in the newly adopted Chapter 228.

§229.3. Required Submissions of Information, Surveys, and Other Data.

The proposed amendment to §229.3(a) would remove “new teachers” because there is no longer a separate requirement for “new teachers” and “first-year teachers” related to data collection. The proposed amendment to §229.3(e) and (f) would provide consistent language, removing the only use of “participant” in the chapter, and shift the language from “new” teacher to “first-year” teacher since the survey requirement is now applicable to first-year teachers. This streamlines the language used in the rule and aligns the language in this section with the teacher survey population.

Subchapter B. Accountability System for Educator Preparation Accreditation Statuses

Proposed new Subchapter B and title would further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future.

§229.4. Determination of Accreditation Status.

The proposed amendment to §229.4(a)(1)(B) would strike the exception for the Performance Assessment for School Leaders because it is now expired. The subsequent provisions would be relettered.

The proposed amendment to §229.4(a)(3) would replace the term “STAAR Annual Progress Measure” with “STAAR Annual Growth Points” to follow the language in use in 19 TAC Figure: §97.1001(b). The amendment would also provide the 2023-2024 academic year as a report only year, because the processes used by TEA to generate the underlying data has shifted, and a report-only year will allow the Board and stakeholders to review results from this new model prior to the data being used for accountability.

The proposed amendment to §229.4(a)(4) and §229.4(a)(4)(A) would remove the general reference to Chapter 228 and replace it with the specific reference in §229.4(a)(4)(A)(1) and §229.4(a)(4)(A)(2). This would provide a clear timeline for when the evaluation of observations will use the current standard and when the evaluation of the observations will use the updated standard in newly adopted 19 TAC Chapter 228, Subchapter F, with the new requirements first being used in the 2025-2026 academic year. This provides EPPs the opportunity to update their practices while ensuring that the evaluation for this indicator is based on the rules that were in place for the duration of the clinical experience.

The proposed amendment to §229.4(a)(5) would update the language from “new” teacher to “first-year” teacher since the teacher survey population has been updated to match that definition. This will provide clarity and streamline the language used in the rule.

Subchapter C. Accreditation Sanctions

Proposed new Subchapter C and title would further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future. Section 229.5, currently in effect, would be organized under new Subchapter C, but no rule changes are proposed.

Subchapter D. Continuing Approval Procedures

Proposed new Subchapter D and title would further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future.

§229.6. Continuing Approval.

The proposed amendment to §229.6(a) and (b) would include a technical cross-reference edit to reflect the newly adopted Chapter 228.

Subchapter E. Review Procedures

Proposed new Subchapter E and title would further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future. Sections 229.7 and 229.8, currently in effect, would be organized under new Subchapter E, but no rule changes are proposed.

Subchapter F. Required Fees

Proposed new Subchapter F and title would further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future.

§229.9. Fees for Educator Preparation Program Approval and Accountability.

The proposed amendment to §229.9(2) and (3) would include a technical cross-reference edit to reflect the newly adopted Chapter 228.

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. Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years the proposal is in effect, 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. The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. 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 expand 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. Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years the proposal is in effect, the public benefit anticipated would be an accountability system that informs the public of the quality of educator preparation provided by each SBEC-approved EPP. There is no anticipated cost to persons who are 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 additional data and reporting impact and would strike the data requirement in §229.3(f)(3) as it was never utilized to measure Indicator 3 in ASEP.

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 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: That the State Board of Education:

Take no action on the proposed amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs.

Staff Members Responsible:
Jessica McLoughlin, Associate Commissioner, Educator Preparation, Certification and Enforcement
Mark Olofson, Director, Educator Data, Research, and Strategy

Attachment I:
Text of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs

Attachment II:
Text of Proposed Amendments to Figure: 19 TAC §229.1(c)