November 2025 Committee on School Initiatives Item 1
Review of Adoption of Proposed Amendments to 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, Subchapter A, Accountability System for Education Preparation Program Procedures, Subchapter B, Accountability System for Educator Preparation Accreditation Statuses, Subchapter C, Accreditation Sanctions, and Subchapter F, Required Fees
November 21, 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 229, Accountability System for Educator Preparation Programs, Subchapter A, Accountability System for Education Preparation Program Procedures, Subchapter B, Accountability System for Educator Preparation Accreditation Statuses, Subchapter C, Accreditation Sanctions, and Subchapter F, Required Fees. Chapter 229 establishes the performance standards and procedures for educator preparation program (EPP) accountability. The proposed amendments would provide for adjustments to the Accountability System for Educator Preparation (ASEP) Manual; would clarify and streamline language and definitions; would provide an updated approach for the implementation of the student growth indicator; would provide additional flexibility for small programs; would clarify closure procedures; and would include technical updates.
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 229 is 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, §21.042, 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(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), require SBEC to provide EPPs with data, as determined in coordination with stakeholders, based on information reported through 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), require 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 educator programs in this state available to the public through the SBEC's Internet website.
The full text of statutory citations can be found in the links above.
BACKGROUND INFORMATION AND JUSTIFICATION: EPPs are entrusted to prepare educators for success in the classroom. The 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. The 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.
The following is a description of the proposed amendments to 19 TAC Chapter 229 included in Attachment I. The updated ASEP Manual (Figure: 19 TAC §229.1(c)) is included in Attachment II.
Subchapter A. Accountability System for Educator Preparation Program Procedures
§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 to do the following:
Updates to the title page would reflect the updated table of contents.
Updates to the table of contents would provide consistent descriptive language for the Principal Survey and Teacher Survey throughout the manual.
Updates to Chapter 2 would add process language and a diagram explaining the modified small group aggregation procedure described in proposed new 19 TAC §229.4(c)(6) and simplify references to demographic categories to refer to the definitions in the rule chapter.
Updates to Chapter 3 would clarify the contents of the chapter, remove expired language, and add language to specify the inclusion of Texas Assessment of Sign Communication (TASC 072) and the Texas Assessment of Sign Communication – American Sign Language (TASC-ASL 073) in the calculations for certification category evaluation, along with clarifying the evaluation procedure. Updates would also remove repetitive language and streamline the methodological language. The worked examples would be updated to remove repetitive language, point to the methods described elsewhere in the chapter, include broader examples of included tests, and match the description with the example.
Updates to Chapter 4 would streamline and remove repetitive information, add the enhanced standard certificate to the certificate list, more clearly align with practice and provide additional transparency for what individuals are included in the population, clarify the use of the certificate effective date when identifying individuals, and clarify the practice for when teachers are at multiple campuses. Updates to the worked example would add a step to further describe current practice, remove repetitive language, and correct a number to match the description with the example.
Updates to Chapter 5 would modify the individuals included section to align with practice and provide additional transparency to the field about the time span of data used, add a reference to existing definitions, and add the enhanced standard certificate to the list of certificates. Updates to the scoring approach section would provide additional clarity on the process when there are multiple subject areas for one teacher, better describe the individual standard aligned with the measurement definition of STAAR annual growth points, and correct for grammar and usage. Updates to the worked example would remove repetitive language.
Updates to Chapter 6 would add the residency experience as an evaluated field experience, clarify that, beginning in the 2025-2026 academic year, individuals completing clinical teaching would be identified using the clinical experience record, and add the enhanced standard certificate to the list of certificates. Updates would also point to existing definitions, add specificity to the observation frequency requirements used as the standard for the 2024-2025 academic year, generalize the reference to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, Subchapter F, Support for Candidates During Required Clinical Experiences, to simplify future rulemaking, and use the language of reporting year. Updates would also move the description of the scoring approach from the worked example to the main section of the chapter without modifying the process and would align language about the small group aggregation throughout the manual. Updates to the worked example would remove repetitive language.
Updates to Chapter 7 would align the approach of providing the alternative name of the survey with the approach in Chapter 4, add the enhanced standard certificate to the certificate list, provide more aligned descriptions of practice and provide additional transparency for what individuals are included in the sample, clarify the use of the certificate effective date when identifying individuals, and clarify the practice for when teachers are at multiple campuses. Updates to the worked example would add a step to further describe current practice and remove repetitive language.
Updates to Chapter 8 would remove the EPP commendations. Commendations would be introduced in 19 TAC Chapter 228 related to the Continuing Approval Review. This provides clarity by removing potentially conflicting language.
Updates to Chapter 9 would modify the examples to data for Indicator 3, since it would no longer be report only. This would provide clarity to the field. The updates would also align language with the definitions section of 19 TAC Chapter 229.
Update to Commendations
The proposed amendment to §229.1(d) would remove the language related to commendations. Commendations would be introduced in 19 TAC Chapter 228 related to the Continuing Approval Review. This update would provide clarity by removing potentially conflicting language.
§229.2. Definitions.
The proposed amendment to §229.2(2), (3), (20)-(23), and (28) would remove definitions of terms not included in the chapter. The remaining definitions would be renumbered accordingly.
The proposed amendment to §229.2(7) “Clinical experience” would provide a new definition that aligns with the definition in 19 TAC Chapter 228.
The proposed amendment to §229.2(23) “Reporting Year” would include a definition for the term of September 1 – August 31.
The proposed amendment to §229.2(24) “Residency” would provide a new definition to align with the definition in 19 TAC Chapter 228.
Subchapter B. Accountability System for Educator Preparation Accreditation Statuses
§229.4. Determination of Accreditation Status.
The proposed amendment to §229.4(a)(3) would provide a timeline for the introduction of the performance standard. The amendment would allow for the 2024-2025 and 2025-2026 academic years to have a standard of 60%, the 2026-2027 academic year to have a standard of 65%, and the 2027-2028 academic year to have a standard of 70%. This rolled-in standard was recommended by EPP stakeholders to allow programs the opportunity to adjust to the implementation of the new standard and make programmatic improvements.
The proposed amendment to §229.4(a)(4) would add residencies to the list of evaluated field experiences in the observation indicator. This would include these similar experiences and ensure that they are included in the accountability system.
The proposed amendment to §229.4(a)(4)(i) would remove the specific reference to 19 TAC Chapter 228, Subchapter F, because the organization of 19 TAC Chapter 228 by subchapter was not in effect August 31, 2024. This would provide clarity to the field about which observation requirements are actionable for which evaluation year.
Proposed new §229.4(b)(2)(B) would provide an accreditation status of Accredited – Not Rated in any years when an EPP does not generate enough data for the recommendation of a status by the ASEP Index system. In cases where this status is assigned immediately following a year where the EPP had a status of Accredited – Probation, any associated sanctions would continue and the count of years on Accredited – Probation would not be reset. This would ensure alignment with statutory requirements.
The proposed amendment to §229.4(b)(5)(F) would provide clarification of the two-year revocation period. This is responsive to questions from the field.
The proposed amendment to §229.4(b)(5)(G) would require EPPs subject to closure due to revocation to submit a letter to TEA within 14 days after the revocation, identifying a closure date aligned with 19 TAC §228.21(a)(1). If the EPP fails to provide the letter, the closure date would be the last day of the current academic year. This would provide clarity to candidates about closure procedures and time frames.
Proposed new §229.4(b)(5)(H) would further provide specific alignment with closure procedures in 19 TAC Chapter 228. This amendment would provide a definitive closure date and fully cease preparation activities at the revoked EPP. EPPs closed as such would be able to reapply as specified, providing additional clarity for candidates and EPPs about revocation under ASEP.
The proposed amendment to §229.4(c)(5) would remove language about the process when there is no data for measurement. This case would be handled under proposed new §229.4(b)(2)(B). The updated language would allow for an alternative evaluation under the small group aggregation procedure. If the aggregated group fails to meet the standard, the current year group would also be evaluated against the standard. If the current year group met the standard, then the count of consecutive years would not advance, for the purposes of the ASEP index or the count of years of failing to meet the standard for a certification class or category. This would provide flexibility for small programs or certificate categories. This was recommended by stakeholders to provide additional time for small improving programs to continue their improvement without additional negative impacts on their index scores or certification category offerings.
Subchapter C. Accreditation Sanctions
§229.5. Accreditation Sanctions and Procedures.
The proposed amendment to §229.5(c) would remove the alternative closure procedure. This would allow for the language in proposed new subsection (c)(3) and (4) to be salient. Without removal this would be conflicting language in the rule.
Proposed new §229.5(c)(3) would align the closure procedures for an individual certification class or category with the closure procedures for the entire program and the closure procedures offered in 19 TAC Chapter 228. This amendment would allow EPPs subject to closure of a certification class or category to submit a letter identifying a closure date within a specific timeframe, aligned with the procedure in §228.21(a)(1). If the EPP were to fail to provide such a letter a default closure date of the last day of the current academic year would be specified. This would provide clarity to candidates about closure procedures and time frames.
Proposed new §229.5(c)(4) would further provide specific alignment with closure procedures in 19 TAC Chapter 228 with the closure of a certification class or category. Current rule allows for EPPs revoked under §229.5(c) to continue to teach out candidates indefinitely, misaligned with voluntary closure procedures in 19 TAC Chapter 228 that contain a specific end date. This amendment would provide a definitive closure date for the certification class or category and fully cease preparation activities for that certificate. Certificates closed as such would be able to be re-added as specified in 19 TAC Chapter 228. This would align the closure procedures and provide clarity for candidates and EPPs about certificate class or category revocation.
Subchapter F. Required Fees
§229.9. Fees for Educator Preparation Program Approval and Accountability.
The proposed amendment to §229.9(6) would add applications for the residency route to the existing fee schedule.
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 rule does not have foreseeable implications relating to cost or revenues of the state or local governments. 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 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 aligning the rules with statute and reflecting current procedures. There is no anticipated economic 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. The 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 229, Accountability System for Educator Preparation Programs, Subchapter A, Accountability System for Education Preparation Program Procedures, Subchapter B, Accountability System for Educator Preparation Accreditation Statuses, Subchapter C, Accreditation Sanctions, and Subchapter F, Required Fees.
Staff Members Responsible:
Jeremy Landa, Director, EDRS-EPCE
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, Subchapter A, Accountability System for Education Preparation Program Procedures, Subchapter B, Accountability System for Educator Preparation Accreditation Statuses, Subchapter C, Accreditation Sanctions, and Subchapter F, Required Fees
Attachment II:
Text of Proposed Figure: 19 TAC §229.1(c)