January 2025 Committee on School Initiatives Item 8
Review of Adoption of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, Subchapter A, General Guidance, Subchapter D, Required Educator Coursework and Training, Subchapter E, Educator Candidate Clinical Experiences, and Subchapter F, Support for Candidates During Required Clinical Experiences
January 31, 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 amendments to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs, Subchapter A, General Guidance, Subchapter D, Required Educator Coursework and Training, Subchapter E, Educator Candidate Clinical Experiences, and Subchapter F, Support for Candidates During Required Clinical Experiences. The proposed amendments would further clarify requirements and definitions as applicable to support educator preparation programs (EPPs) and candidates in the successful implementation of these rules.
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 228, Subchapters A, D, E, and F, is TEC, §§21.003(a), 21.031; 21.041(b)(1)-(4); 21.044; 21.0441; 21.0442(c); 21.0443; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b) and (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; and the Texas Occupations Code (TOC), §55.007.
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, 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 the 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, 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 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 through 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 EPPs 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 EPPs 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), requires the SBEC to include hours of field-based experience in the hours of coursework required for certification and 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, 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.
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 228, Requirements for Educator Preparation Programs, establish the requirements for EPPs in the preparation of candidates for Texas educator certification.
As a follow-up to the July 2024 SBEC meeting discussion on proposed changes to the new Chapter 228 rules, Texas Education Agency (TEA) staff completed additional work on draft proposed rule changes and conducted a stakeholder meeting on August 9, 2024. The information from the August stakeholder meeting informed the final version of proposed rules presented for the Board’s review and action at the September SBEC meeting.
The following is a description of the proposed amendments to Chapter 228 in the attached.
Subchapter A. General Guidance
§228.2. Definitions.
The proposed new definition of extracurricular activities would mirror the language of the definition of this term established in 19 TAC Chapter 76, Extracurricular Activities, Subchapter AA, Commissioner’s Rules. In addition, defining the term in this manner will provide EPPs and candidates with additional clarity and support around the types of activities that should be considered acceptable to meet preparation program requirements.
The proposed new definition of Legacy Chapter 228 rules would provide a reference to the EPP rules that were in effect on August 31, 2024, and ensure that EPPs and candidates have a place to anchor their use of those rules as they support candidates who began their preparation prior to September 1, 2024, through the rest of the preparation and certification process.
The proposed amendment to the definition of school day would acknowledge that school days may be extended for some subject areas that have duties outside of the regular school day and would strike the reference to clinical teaching and allow guidance on meeting those requirements to be addressed in §228.67, Clinical Teaching.
Some definitions in this section would be renumbered due to the addition of two new definitions in proposed §228.2(26) and §228.2(37).
§228.6. Implementation Date.
The proposed amendment to §228.6, Implementation Date, would create new paragraphs (1) and (2) to more formally codify the implementation structures understood in the field. These additions to the rules would provide clarification and consistency to support EPPs with candidates admitted prior to September 1, 2024.
Proposed new §228.6(1)(A) would reinforce the expectation for candidates who have not started their clinical experience prior to September 1, 2024, to comply with the current rules in Chapter 228, Subchapter E, Educator Candidate Experiences.
Proposed new §228.6(1)(B) would establish a clear deadline to ensure that EPPs and candidates completing requirements under the Legacy Chapter 228 rules do so by August 31, 2026.
Proposed new §228.6(2) would reinforce for EPPs and candidates that anyone admitted into an EPP on or after September 1, 2024, is subject to all requirements in this chapter.
Subchapter D. Required Educator Coursework and Training
§228.33. Preparation Program Coursework and/or Training for All Certification Classes.
A technical edit to §228.33(d)(3) would strike the outdated rule reference that was repealed in February 2024 and replace with an updated reference to the alternative rules, Part 1, Chapter 2, Subchapter J, Rule §2.204 (relating to Approval of Distance Education Courses and Programs for Public Institutions).
Subchapter E. Educator Candidate Experiences
§228.67. Clinical Teaching.
A technical edit to §228.67(a) would change the introductory rule text from “A candidate for initial certification” to “A candidate seeking initial certification” for clarity.
The proposed amendment to §228.67(b)(1) would change the time spent in the subject area of the certificate sought from 4 hours per day to a total of 280 hours across the clinical teaching experience and provide flexibility for candidates to complete the remaining 210 clinical teaching hours in other aspects of an educator’s duties.
The proposed amendment to §228.67(b)(3) would add “medical” and strike “illness” to more broadly represent things that could impact a candidate’s ability to complete the required total number of clinical teaching hours.
The proposed amendment to §228.67(c) would change the time spent in the subject area of an additional certificate area sought by the candidate that cannot be taught concurrently with the primary certificate area sought from 5 hours per week to a total of 70 hours during the clinical teaching experience, providing flexibility to candidates and EPPs to structure the clinical teaching experience as needed and still comply with requirements.
§228.73. Internship.
The proposed amendment to §228.73(h) would further clarify that subsection (g)(2)-(6) outlines the applicable options under which an EPP should cease with providing additional support to a candidate and proceed with the required steps to deactivate the candidate’s intern or probationary certificate.
Subchapter F. Support for Candidates During Required Clinical Experiences
§228.103. Formal Observations for Candidates in Residency Assignments.
The proposed change to §228.103(a) would clarify that an EPP must provide the first formal observation with the first six weeks of all residency assignments. This change would restore the original intent of the requirements for formal observations specific to candidates in residency assignments.
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. 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 COSTS 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 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. 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.
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 that 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 228, Requirements for Educator Preparation Programs, Subchapter A, General Guidance, Subchapter D, Required Educator Coursework and Training, Subchapter E, Educator Candidate Clinical Experiences, and Subchapter F, Support for Candidates During Required Clinical Experiences.
Staff Members Responsible:
Jessica McLoughlin, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Marilyn Cook, Senior Director, Educator Preparation and Certification
Attachment:
Text of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, Subchapter A, General Guidance, Subchapter D, Required Educator Coursework and Training, Subchapter E, Educator Candidate Clinical Experiences, and Subchapter F, Support for Candidates During Required Clinical Experiences