September 2025 Committee on School Initiatives Item 3
Review of Adoption of Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental and Special Education Certificate Standards, and Proposed Repeal of 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards, and Subchapter G, Special Education Certificate Standards
September 12, 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 proposed new 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental and Special Education Certificate Standards, and proposed repeal of 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards, and Subchapter G, Special Education Certificate Standards. The proposal would repeal standards in current Subchapters F and G and combine and align language across educator standards in proposed new Subchapter F. The proposal would also implement the statutory requirements of House Bill (HB) 2256, 87th Texas Legislature, Regular Session, 2021, and define the educator standards for the Bilingual Special Education certificate, as recommended by the SBEC-approved educator standards advisory committee.
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 the classroom teacher class certificate structure is TEC, §§21.003(a); 21.031; 21.041(b)(1), (2), and (4); and 21.04891.
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, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.
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, §21.041(b)(4), requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
TEC, §21.04891, requires the SBEC to create a Bilingual Special Education certificate and specifies certification requirements for the certificate.
The full text of statutory citations can be found in the links above.
BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 235, Classroom Teacher Certification Standards, specify the standards for the classroom teacher class of certificates, including Subchapter F, Supplemental Certificate Standards, and Subchapter G, Special Education Certificate Standards. The SBEC is statutorily authorized to ensure that all candidates for certification or renewal demonstrate the knowledge and skills necessary to improve the performance of Texas’s population and required to appoint educator standards advisory committee members to recommend standards for each class of certificate. The educator standards advisory committees include practicing educators, school district personnel, experts, and educator preparation program (EPP) faculty. These individuals collaborate to draft new and review existing educator standards to ensure that the educator standards align with the commissioner’s educator standards, reflect best practices, and, where applicable, align with the Texas Essential Knowledge and Skills (TEKS) adopted by the SBOE.
Proposed New 19 TAC Chapter 235, Subchapter F, and Repeal of Chapter 235, Subchapters F and G:
The following is a description of the proposal reflected in Attachments I and II. The proposal:
- reflects the reorganization and combining of educator standard groups into one subchapter;
- aligns the language of standard sets across 19 TAC Chapter 235; and
- includes the new classroom teacher certification standards that would serve to implement HB 2256, 87th Texas Legislature, Regular Session, 2021.
HB 2256 (2021) Bilingual Special Education Certification Requirements
HB 2256, 87th Texas Legislature, Regular Session, 2021, requires the SBEC to implement a new Bilingual Special Education educator certificate. The intent of the certificate is to ensure that there are teachers with special training in providing instruction to emergent bilingual students with disabilities. HB 2256 specifies that to be eligible for the certificate, a candidate must complete EPP coursework, with skills-based course of instruction on providing instruction to emergent bilingual students with disabilities, including:
- the foundations of bilingual and second language special education;
- providing individualized education programs for emergent bilingual students with disabilities;
- providing assessment of emergent bilingual students with and without disabilities;
- developing teaching methods to recognize the intellectual, developmental, and emotional needs of students in dual language and transitional bilingual education settings;
- teaching fundamental academic skills, including reading, writing, and mathematics, to students of limited English proficiency; and
- creating partnerships with families and school professionals.
Additionally, HB 2256 requires that candidates perform satisfactorily on a Bilingual Special Education Certification exam prescribed by the SBEC. The proposed Bilingual Special Education standards will serve as the foundation for this exam.
Previous SBEC Action to Implement HB 2256 (2021)
The SBEC previously took action to implement HB 2256 across multiple chapters of rules:
|
Date |
SBEC Action |
|
July 2022 |
|
|
February 2024 |
|
|
February 2025 |
|
At a future meeting, the SBEC will consider additional rule updates to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, to further implement HB 2256 and the Bilingual Special Education certificate.
Proposed Repeal of Subchapters F and G and Proposed New Subchapter F, Supplemental and Special Education Certificate Standards
The SBEC proposed the repeal of Subchapter F, Supplemental Certificate Standards, and Subchapter G, Special Education Certificate Standards.
The SBEC also proposed new Subchapter F, Supplemental and Special Education Certificate Standards, that would include all content pedagogy standards previously adopted in Subchapters F and G.
The following table provides a high-level summary of the reorganization of educator standards in Chapter 235, Subchapters F and G.
|
Standards |
Current Subchapter and Section |
Proposed Action |
New Subchapter and Section |
|
English as a Second Language Standards |
Subchapter F, §235.115 |
Repeal and move standards to proposed new Subchapter F; no change in section number |
New Subchapter F, §235.115 |
|
Bilingual Spanish Standards |
Subchapter F, §235.117 |
Repeal and move standards to proposed new Subchapter F; no change in section number |
New Subchapter F, New §235.117 |
|
Special Education Standards: Early Childhood-Grade 6 |
Subchapter G, §235.131 |
Repeal and move standards to proposed new Subchapter F; no change in section number |
New Subchapter F, New §235.131 |
|
Special Education Standards: Grades 6-12 |
Subchapter G, §235.133 |
Repeal and move standards to proposed new Subchapter F, §235.131 |
New Subchapter F, New §235.131 |
|
Deafblind Standards: Early Childhood-Grade 12 |
Subchapter G, §235.135 |
Repeal and move standards to proposed new Subchapter F; no change in section number |
New Subchapter F, New §235.135 |
|
Bilingual Special Education Standards |
New standards; not previously adopted in rule |
Include in proposed new Subchapter F |
New Subchapter F, New §235.137 |
Proposed New 19 TAC §235.115. English as a Second Language Standards.
The proposed new 19 TAC §235.115 would list English as a Second Language (ESL) content pedagogy standards for teachers of emergent bilingual students in proposed new Subchapter F, Supplemental and Special Education Certificate Standards.
The proposed new §235.115(a) would provide an overview of the ESL content pedagogy standards.
The proposed new §235.115(b) would specify the necessary knowledge and skills related to Foundations of Language Acquisition.
The proposed new §235.115(c) would specify the necessary knowledge and skills related to Linguistically Sustaining Practices.
The proposed new §235.115(d) would specify the necessary knowledge and skills related to Effective Instruction and Assessment Across All Content Areas and Disciplines.
The proposed new §235.115(e) would specify the necessary knowledge and skills related to Language Proficiency Assessment, Program Placement, and Reclassification.
The proposed new §235.115(f) would rename the standard group and specify the necessary knowledge and skills related to Professional Learning, Partnerships, and Student Support.
Proposed New 19 TAC §235.117. Bilingual Spanish Standards.
The proposed new 19 TAC §235.117 would list Bilingual Spanish content pedagogy standards for classroom teachers of bilingual education programs (Spanish and English) in proposed new Subchapter F, Supplemental and Special Education Certificate Standards.
The proposed new §235.117(a) would provide an overview of the Bilingual Spanish content pedagogy standards.
The proposed new §235.117(b) would specify the necessary knowledge and skills related to Language Abilities.
The proposed new §235.115(c) would specify the necessary knowledge and skills related to Linguistically Sustaining Practices.
The proposed new §235.117(d) would specify the necessary knowledge and skills related to Instructional Practice.
The proposed new §235.117(e) would specify the necessary knowledge and skills related to Development and Assessment of Biliteracy.
The proposed new §235.117(f) would specify the necessary knowledge and skills related to Foundations of Bilingual Education.
Proposed New 19 TAC §235.131. Special Education Standards: Early Childhood-Grade 12.
The proposed new 19 TAC §235.131 would list Special Education content pedagogy standards, for teachers of students who receive special education services (Grades EC-12), including grade-band specific standards, in proposed new Subchapter F, Supplemental and Special Education Certificate Standards.
The proposed new §235.131(a) would provide an overview of the Special Education Standards: Early Childhood-Grade 6.
The proposed new §235.131(b) would specify the necessary knowledge and skills related to Legal and Ethical Guidelines.
The proposed new §235.131(c) would specify the necessary knowledge and skills related to Understanding and Addressing Each Individual's Developmental and Learning Needs.
The proposed new §235.131(d) would specify the necessary knowledge and skills related to Subject Matter Content and Specialized Curricular Knowledge.
The proposed new §235.131(e) would specify the necessary knowledge and skills related to Assessment for Data-based Decision Making.
The proposed new §235.131(f) would specify the necessary knowledge and skills related to Supporting Learning Using Effective Instruction.
The proposed new §235.131(g) would specify the necessary knowledge and skills related to Supporting Students’ Non-academic Growth.
The proposed new §235.131(h) would specify the necessary knowledge and skills related to Professional Learning and Collaboration.
The proposed new §235.131(i) would specify the necessary knowledge and skills related to Elementary Special Education Teachers (Early Childhood-Grade 6).
The proposed new §235.131(j) would specify the necessary knowledge and skills related to Secondary Special Education Teachers (Grades 6-12).
Proposed New 19 TAC §235.135. Deafblind Standards: Early Childhood-Grade 12.
The proposed new 19 TAC §235.135 would list Deafblind content pedagogy standards for teachers of students who are Deafblind (Grades 6-12) in proposed new Subchapter F, Supplemental and Special Education Certificate Standards.
The proposed new §235.135(a) would provide an overview of the Deafblind Standards: Early Childhood-Grade 12.
The proposed new §235.135(b) would specify the necessary knowledge and skills related to the foundations of Deafblind education.
The proposed new §235.135(c) would specify the necessary knowledge and skills related to Learner Characteristics.
The proposed new §235.135(d) would specify the necessary knowledge and skills related to Evaluation and Assessment.
The proposed new §235.135(e) would specify the necessary knowledge and skills related to Planning for Instruction.
The proposed new §235.135(f) would specify the necessary knowledge and skills related to Learning Environment.
The proposed new §235.135(g) would specify the necessary knowledge and skills related to Instructional Delivery.
The proposed new §235.135(h) would specify the necessary knowledge and skills related to Collaborative Consultation.
The proposed new §235.135(i) would specify the necessary knowledge and skills related to Professional Conduct and Leadership.
The proposed new §235.135(j) would specify the necessary knowledge and skills related to Reflection and Personal Growth.
Proposed New §235.137. Bilingual Special Education Standards: Early Childhood-Grade 12.
The proposed new 19 TAC §235.137 would list Bilingual Special Education standards for the new Bilingual Special Education Supplemental: Early Childhood-Grade 12 certificate in proposed new Subchapter F, Supplemental and Special Education Certificate Standards. The proposed educator standards would emphasize the knowledge and skills necessary to address linguistic and disability-related needs for students with limited English proficiency and to establish a solid foundation for bilingual special education students in classroom settings that span Early Childhood-Grade 12.
The proposed new §235.137(a) would specify the purpose and function for the proposed new Bilingual Special Education Supplemental: Early Childhood-Grade 12 certificate standards.
The proposed new §235.137(b) would specify knowledge and skills related to Legal and Ethical Guidelines. This group of standards would outline the bilingual special educator’s ability to demonstrate understanding and apply knowledge of both special education and emergent bilingual practices and procedures to effectively integrate both areas as they relate to legal and ethical guidelines.
The proposed new §235.137(c) would specify knowledge and skills related to Knowledge of Students and Factors that Influence Learning. This group of standards would outline the bilingual special educator’s ability to demonstrate understanding and apply knowledge of the wide variety of individual student characteristics that influence school success and the appropriate instructional and behavioral methodologies.
The proposed new §235.137(d) would specify knowledge and skills related to Language and Literacy Development. This group of standards would require the bilingual special educator to demonstrate understanding and apply knowledge of the components and methodologies related to biliteracy instruction and instructional best practices for students with disability-related needs and limited English proficiency.
The proposed new §235.137(e) would specify knowledge and skills related to Eligibility, Program Placement, and Assessment. This group of standards would require the bilingual special educator to demonstrate understanding and apply knowledge of the appropriate special education and language proficiency-related services, establishing academic goals, analyzing student data, communicating student achievement, and ongoing assessment of student progress.
The proposed new §235.137(f) would specify knowledge and skills related to Content Knowledge and Instructional Practices. This group of standards would require the bilingual special educator to demonstrate understanding and apply knowledge of instructional best practices in all content areas to design, model, and support learning experiences that are appropriate for each dually identified student.
The proposed new §235.137(g) would specify knowledge and skills related to Student Support, Collaboration, and Professional Responsibilities. This group of standards would require the bilingual special educator to demonstrate understanding and apply knowledge of the professional responsibilities of a bilingual special educator, which include effective communication with families and collaboration with other school and community personnel.
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.
TEA staff met with Texas EPPs (large and small education service centers, institutions of higher education, and alternative certification programs) that produce bilingual candidate candidates to determine potential fiscal implications of the proposal, which includes the addition of new Bilingual Special Education educator standards. Programs that choose to implement these new educator standards and offer the new certificate may incur costs associated with hiring additional faculty members and creating new coursework and/or revising existing coursework in alignment with the standards. Programs may also incur costs related to training faculty for appropriate field supervision of candidates seeking certification in this area. These costs were estimated by programs to be between $0-$100,000. The Bilingual Special Education certificate is not required and is an option for EPPs, and the bilingual special educator is not a required assignment for school districts.
The proposal may eventually result in an increase in fees paid to TEA because the proposed rule would serve as the foundation for the new Bilingual Special Education Supplemental: Early Childhood-Grade 12 certification. This new certificate would require a new certification exam, which could generate additional fees. While TEA collects $11 per exam administered, TEA does not have an estimate of revenue increase since this would be an optional certification area, and bilingual special educators are not required positions in school districts.
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 does not impact microbusinesses and rural communities. The proposal may impact small businesses. The proposal may result in costs associated with implementation of the new Bilingual Special Education standards, which include costs to small EPPs that choose to offer this certification pathway. Accordingly, an economic impact statement has been prepared and included in the notice of this proposed rule. A regulatory flexibility analysis is not required as this certificate is required by TEC, §21.04891, and the SBEC lacks the authority to implement an alternative rule.
ECONOMIC IMPACT STATEMENT: No changes have been made to this section since published as proposed. The state of Texas currently has a total of 120 approved EPPs, and TEA staff estimates that there are between 1-100 small businesses that may be impacted by the proposed rules. The proposal will have an additional fiscal impact on entities required to comply with the proposal, including small businesses, microbusinesses, and EPPs. Implementation of the Bilingual Special Education standards, while optional, will impose varying costs on EPPs to comply with the standards. Programs will incur new costs related to training faculty and revising curriculum in accordance with the new standards. These costs were estimated by programs to be between $0-$100,000. The Bilingual Special Education certificate is not required and is an option for EPPs, and the bilingual special educator is not a required assignment for school districts.
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.
EPPs that choose to implement the new Bilingual Special Education educator standards may incur costs associated with hiring additional faculty members and creating new coursework and/or revising existing coursework in alignment with the standards. Programs may also incur costs related to training faculty for appropriate field supervision of candidates seeking certification in this area. These costs were estimated by programs to be between $0-$100,000. The Bilingual Special Education certificate is not required and is an option for EPPs, and the bilingual special educator is not a required assignment for school districts.
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 the agency due to the optional Bilingual Special Education Supplemental: Early Childhood-Grade 12 certificate; would not require a decrease in fees paid to the agency; would create a new regulation by adding educator standards for the Bilingual Special Education Supplemental: Early Childhood-Grade 12 certificate and the Bilingual Special Education certificate; would repeal an existing regulation by moving English as a second language, bilingual Spanish, special education, and Deafblind standards to one proposed new subchapter; 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 teachers with special training in providing instruction to students with disabilities and who need linguistic support to develop English proficiency. 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 the optional Bilingual Special Education Supplemental: Early Childhood-Grade 12 certificate.
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 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 new 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental and Special Education Certificate Standards, and proposed repeal of 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards, and Subchapter G, Special Education Certificate Standards.
Staff Members Responsible:
DeMarco Pitre, Director, Educator Standards and Test Development
Kelly Torrey, Test Development Specialist
Attachment I:
Text of Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental and Special Education Certificate Standards
Attachment II:
Text of Proposed Repeal of 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards, and Subchapter G, Special Education Certificate Standards
Attachment III:
Bilingual Special Education Educator Standards Advisory Committee Members, Standards Drafting Timeline, and Stakeholder Engagement