April 2025 Committee on School Initiatives Item 5
Review of Adoption of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter F, Special Education-Related Services Personnel Assignments
April 11, 2025
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 revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments, Subchapter F, Special Education-Related Services Personnel Assignments. The proposed revisions would provide requirements for school districts to make personnel assignment decisions based on the correlating certification and demonstration of content proficiency requirements. The proposed revisions would also expand the list of certificates appropriate for personnel serving in special education-related assignments and include a section dedicated to requirements for an assignment of Teachers of Students who are Deafblind.
STATUTORY AUTHORITY: The statutory authority for the SBOE to review rules that the SBEC proposes to adopt is Texas Education Code (TEC), §21.042. The statutory authority for 19 TAC Chapter 231, Subchapter F, is TEC, §§21.003(a), 21.031(a), 21.041(b)(1) and (2), and 21.064.
TEC, §21.042, requires the SBEC to submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject a 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 proposed by the SBEC.
TEC, §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B.
TEC, §21.031(a), states that the SBEC shall 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 the TEC, Chapter 21, Subchapter B.
TEC, §21.041(b)(2), requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.
TEC, §21.064, requires the SBEC to stop the issuance and renewal of master teacher certificates effective June 12, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.
The full text of statutory citations can be found in the statutory authority section of this agenda.
BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 231 establish the personnel assignments that correlate with appropriate certifications. The list of courses, organized by grade level and subject area, identify the corresponding certificates and requirements for placement of individuals into classroom and/or campus assignments. This information assists districts with hiring and personnel assignment decisions.
The proposed revisions to 19 TAC Chapter 231, Subchapter F, Special Education-Related Personnel Assignments, address requirements for placement into special education-related personnel assignments. These proposed revisions, as a part of the broader special education teacher certification redesign plan, aim to ensure that special education teachers are knowledgeable of the grade-level content in which they teach, while allowing flexibility in how this content knowledge is demonstrated.
During the December 2024 meeting, the SBEC approved the proposed revisions provided in Attachment I of this item and the Texas Content Competency Worksheet for Special Education Teachers of Record (Grades EC-12) provided in Attachment II of this item.
Previous SBEC Discussion
A summary of previous SBEC discussion is outlined in the following table.
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SBEC Meetings |
SBEC Discussion |
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December 2023 |
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February 2024 |
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July 2024 |
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September 2024 |
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Proposed Updates to Subchapter F, Special Education-Related Services Personnel Assignments
The following is a description of the proposed revisions to 19 TAC Chapter 231, Subchapter F, that are reflected in Attachment I.
Proposed New 19 TAC §231.701. Special Education Teacher
The proposed repeal of and new 19 TAC §231.701, Special Education Teacher, would clearly articulate requirements for placement into special education assignments at the elementary and secondary levels.
Proposed new 19 TAC §231.701(a) would specify the effective date of provisions in this revised section.
Proposed new 19 TAC §231.701(b) would specify the required SBEC-issued special education certificate needed to serve in an assignment of special education teacher.
Proposed new 19 TAC §231.701(c) would clarify that the certificates listed in subsection (a) are appropriate for Prekindergarten-Grade 12 unless additional requirements are noted elsewhere.
Proposed new 19 TAC §231.701(d) would specify content area competency requirements for teachers in an assignment of special educator serving as the teacher of record. These proposed rules would require special education teachers of record to hold a valid content area certificate that matches the subject and grade level of the assignment or meet all requirements as outlined in the Texas Content Area Competency Worksheet for Special Education Teachers of Record to be adopted in rule as Figure: 19 TAC §231.701(d).
Proposed new 19 TAC §231.701(e) would specify that the employing school district is responsible for ensuring educators are trained to meet the needs of their assignment.
Proposed Amendment to 19 TAC §231.709. Teacher of Students with Auditory Impairments
The section title would be amended to align with certificate naming conventions and more accurate terminology used in the field.
The proposed amendment to 19 TAC §231.709(a)-(c) would strike “Teacher of Students with Auditory Impairments” and replace with “Teacher of the Deaf and Hard of Hearing” to align with the new section title and more appropriate terminology used in the field.
Proposed New 19 TAC §231.710. Teacher of Students who are Deafblind
Proposed new 19 TAC §231.710, Teachers of Students who are Deafblind, would be added to specify the Deafblind Supplemental: Early Childhood-Grade 12 certificate as the appropriate credential for placement into this teaching assignment.
Proposed new 19 TAC §231.710(a) would specify the certification requirement for an assignment of Teachers of Students who are Deafblind.
Proposed new §231.710(b) would provide a list of additional certificates a teacher of students who are Deafblind might hold.
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 rules would be in effect, enforcing or administering the rules does not have foreseeable implications relating to cost or revenues of the state or local governments.
The proposal may result in an increase in fees paid to the TEA as the proposal would include new certification requirements for the assignment of Teachers of Students who are Deafblind. The Deafblind Supplemental: Early Childhood-Grade 12 is a new certificate for the field that could generate additional fees. While TEA collects $11 per exam administered, TEA is unable to estimate revenue because this is an optional certification and the assignment of Teachers of Students who are Deafblind is not required for students who are Deafblind.
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. While the proposal imposes a cost on regulated persons, it is not subject to TGC, §2001.0045, because the proposal is necessary to receive a source of funds or to comply with federal law. In addition, the proposal is necessary to ensure certified Texas educators are competent to educate Texas students and, therefore, necessary to protect the health, safety, and welfare of the residents of this state. The TEA staff has determined there are fiscal implications as a result of the proposal. Beginning in Fiscal Year (FY) 2025, both the Special Education Early Childhood-Grade 12 and Special Education Supplemental certificates will retire. Candidates seeking a similar certification to fulfill the requirements for an assignment of Special Education Teacher would need to pursue the Special Education Specialist Early Childhood-Grade 12 certificate. The exam aligned to the Special Education Specialist Early Childhood-Grade 12 certificate costs $136 in comparison to $116 for the Special Education Early Childhood-Grade 12 and Special Education Supplemental certificates, respectively. However, at this time, TEA staff cannot estimate the total anticipated costs since there are multiple options for satisfying the special education certification requirements for an assignment of Special Education Teacher, including the Core/Special Education with Science of Teaching Reading: Early Childhood-Grade 6.
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 require an increase in fees paid to TEA by requiring teachers who pursue the Deafblind Supplemental: Early Childhood-Grade 12 certificate to take the new Deafblind EC-12 certification exam; would create new regulations by requiring the new Deafblind Supplemental: Early Childhood-Grade 12 certificate for teachers of students who are deafblind and establishing content competency requirements for special education teachers of record; would repeal an existing regulation by removing rules related to special education personnel assignments in order to provide an updated list of SBEC-approved special education certificates and clarity related to content competency requirements for special education teachers of record; would not expand 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 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 updated requirements and clarity relating to the assignment of special educator in Texas public schools. There is an anticipated cost to persons who are required to comply with the proposal, but those costs would only be incurred if a teacher is seeking one of the following certificates to satisfy special education personnel assignment requirements as outlined in this proposal: Special Education Specialist Early Childhood-Grade 12, Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6, Deafblind Supplemental: Early Childhood-Grade 12, or Bilingual Special Education Supplemental: Early Childhood-Grade 12. Beginning in FY 2025, both the Special Education Early Childhood-Grade 12 and Special Education Supplemental certificates will retire. Candidates seeking a similar certification to fulfill the requirements for an assignment of Special Education Teacher would need to pursue the Special Education Specialist Early Childhood-Grade 12 certificate. The exam aligned to the Special Education Specialist Early Childhood-Grade 12 certificate costs $136 in comparison to $116 for the Special Education Early Childhood-Grade 12 and Special Education Supplemental certificates, respectively. However, at this time, TEA staff cannot estimate the total anticipated costs since there are multiple options for satisfying the special education certification requirements for an assignment of Special Education Teacher, including the Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6.
The proposed rule that would carve out requirements for the specialized assignment of Teachers of Students who are Deafblind would also result in additional costs for teachers since this assignment requires the Deafblind Supplemental: Early Childhood-Grade 12 certificate in addition to holding a Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 or Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12 certificates. TEA staff estimates teachers seeking this certificate would pay between $400-600 in exam fees depending on the certification route; however, since this is an optional new certificate field and Teachers of Students who are Deafblind are not required to serve students who are deafblind, staff cannot estimate total anticipated costs.
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.
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. The TEA staff has determined that the proposal would require a written report or other paperwork to be completed by a principal or classroom teacher. In proposed new 19 TAC §231.701(c), a principal or other school district administrator would have to complete a worksheet for a teacher to demonstrate content competency.
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 revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter F, Special Education-Related Services Personnel Assignments.
Staff Members Responsible:
Jessica McLoughlin, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Beth Burkhart, Director of Educator Standards and Testing, Educator Quality
DeMarco Pitre, Director of Educator Standards and Test Development, Educator Quality
Kelly Torrey, Test Development Specialist, Educator Quality
Attachment I:
Text of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter F, Special Education-Related Services Personnel Assignments
Attachment II:
Timeline of Stakeholder Engagement
Attachment III:
Text of Proposed New Figure: 19 TAC §231.701(d): Texas Content Competency Worksheet for Special Education Teachers of Record (Grades EC-12)