January 2025 Committee on School Initiatives Item 9
Review of Adoption of Proposed Amendments to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans
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 234, Military Service Members, Military Spouses, and Military Veterans. The proposed amendments would add language specific to the Servicemembers Civil Relief Act (SCRA), allowing the portability of licenses for active-duty military service members or the spouse of a military service member, and would provide technical edits to clarify existing language, alphabetize definitions, and remove duplicative language where necessary. The proposed amendments, if adopted, would expand the number of individuals eligible to become certified educators in Texas.
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 234 is TEC, §§21.041(b)(2) and (4); 21.044(a); 21.0444, 21.052(b-1), (c), (d-1), (f), and (i); 21.0525, 21.054; and 21.458(a-2), and Texas Occupations Code (TOC), §§55.001; 55.002; 55.003; 55.004(a)-(c); 55.004(d), 55.0041, 55.005(a), 55.006; 55.007; 55.008; 55.009; and 55.010.
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, §21.041(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, requires the SBEC to propose rules for issuing a temporary certification to teach career and technology education for certain military service members and first responders.
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, requires the SBEC to propose rules for issuing a temporary teaching certificate for certain persons with experience as instructors for the Community College of the Air Force.
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), 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), requires state agencies to adopt rules to allow military service members and military spouses to meet the residency requirements for licensure.
TOC, §55.0041, requires state agencies to establish a process to identify jurisdictions that have licensing requirements that are substantially equivalent to the requirements for the license in this state and to verify that the member or spouse is licensed in good standing in such a jurisdiction.
TOC, §55.005(a), requires 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, §55.006, requires state agencies to determine renewal requirements for expedited licenses issued to members of the military community.
TOC, §55.007, requires state agencies credit verified military service, training, or education toward licensing requirements.
TOC, §55.008, requires 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.
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) and related individuals subject to these provisions through statute (military veterans, peace officers, fire protection personnel, emergency medical services personnel, and qualified instructors for the Community College of the Air Force).
At the July 2024 SBEC meeting, Texas Education Agency (TEA) staff provided the board with an overview of the provisions of the chapter as well as proposed technical edits to alphabetize, re-number, and strike duplicative information. TEA staff also discussed the addition of language added to the SCRA by the U.S. Congress to allow service members and the spouses of military service members to use their professional licenses and certificates when they relocate due to military orders.
The following is a description of the proposed amendments reflected in Attachment I.
§234.1. Purpose.
The proposed amendment to 19 TAC §234.1 would incorporate technical edits and add new subsection (c) related to the SCRA to incorporate the federally mandated Veterans Auto and Education Improvement Act of 2022 (H.R. 7939), which allows a military service member or the spouse of a military service member to use their license and certificates in certain circumstances when they relocate to another state due to military orders.
§234.3. Definitions.
The proposed amendment to 19 TAC §234.3 would alphabetize and re-number definitions relevant to effective implementation of this chapter. No changes to the text of the definitions are proposed.
§234.5. Certification of Military Service Members, Military Spouses, and Military Veterans.
The proposed amendment to 19 TAC §234.5 would make the following technical edits for clarification: in subsection (b), would add the phrase “Following completion of the review of credentials,”; would strike the phrase “As soon as practicable after the issuance of a one-year certificate”; would strike the phrase “in writing or by email” to more accurately reflect the current process of placing the results of an educator’s credentials review in his or her online certification account for access and review; would add text to include the temporary certificate; and would strike subsection (c) because it is duplicative and re-letter the subsequent subsections.
§234.7. Renewal and Continuing Education Requirements for Military Service Members, Military Spouses, and Military Veterans.
The proposed amendment to 19 TAC §234.7 would strike subsection (d) since there is not a time limit imposed on any individual related to certificate renewal.
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. 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. 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 military service members, military spouses, military veterans, and first responders. 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 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 234, Military Service Members, Military Spouses, and Military Veterans.
Staff Members Responsible:
Jessica McLoughlin, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Trenton Law, Director, Educator Credentialing, Educator Preparation and Certification
Attachment I:
Text of Proposed Amendments to 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans
Attachment II:
U.S. Department of Justice Notification Letter – Subject: Professional License Portability for Service members and Their Spouses