Review of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.437, Issuance of Additional Certificates Based on Examination, and Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs, §230.483, Specific Requirements for Standard Career and Technical Education Certificates Based on Experience and Preparation; and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area)
September 24, 2010
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 amend 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.437, Issuance of Additional Certificates Based on Examination, and Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs, §230.483, Specific Requirements for Standard Career and Technical Education Certificates Based on Experience and Preparation; and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area). The proposed amendments would allow the Marketing Education: Grades 8-12 certificate to be obtained through certification by examination and would allow either a school district or an educator preparation program to review and approve the required two years of work experience.
STATUTORY AUTHORITY: The statutory authority for the proposed amendment to 19 TAC §230.437 is the Texas Education Code (TEC), §§21.031(a), 21.041(b)(1)-(5) and (9) and (c), and 21.048(a). The statutory authority for the proposed amendment to 19 TAC §230.483 is the TEC, §21.031(a) and §21.041(b)(1)-(3). The statutory authority for the proposed amendment to 19 TAC §233.14 is the TEC, §§21.003(a), 21.031, 21.041(b)(1)-(4), and 21.048(a).
EFFECTIVE DATE: The proposed effective date of the amendments to 19 TAC §§230.437, 230.483, and 233.14 would be October 31, 2010.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The commissioner of education has received a complaint from an educator who is currently certified in several other fields and is seeking to become certified in Marketing Education: Grades 8-12, a Career and Technical Education certification, which, pursuant to 19 TAC §233.14, requires two years of wage-earning experience approved by the educator preparation program in one or more marketing occupations. This certification also requires passing a content area certification examination. However, 19 TAC §230.437(2), specifically excludes career and technical education certification based on skill and experience from the provisions allowing certification by examination for most other certification fields.
In addition, 19 TAC §230.483 requires a one-year internship and recommendation by an educator preparation program for the other career and technical education certifications based on skill and experience (Health Science Technology: Grades 8-12 and Trade and Industrial: Grades 8-12) because these areas involve student safety issues unique to those areas. The same concerns do not apply to Marketing Education.
Staff have consulted with the Texas Education Agency (TEA) Curriculum Division, which concurs that there is no need for a separate Marketing Education internship and no reason why an educator who is already certified and whose work experience has been approved should not be able to qualify for certification by examination in Marketing Education: Grades 8-12.
The proposed amendments to 19 TAC §230.437 and §230.483, shown in Attachment II, and 19 TAC §233.14, shown in Attachment III, would update the rules to add an exception for the issuance of certificates based on examination and address the verification of work experience. Following is a description of the proposed changes.
The proposed amendment to 19 TAC §230.437(2) would add language to allow an exception for Marketing Education: Grades 8-12 even though it is a career and technical education certificate based on skill and experience. The exception would allow for certification by examination.
The proposed amendments to 19 TAC §230.483(c)(1) and to §233.14(a) would provide that, in the case of an educator otherwise qualified for certification by examination in Marketing Education: Grades 8-12, the review and approval of work experience could be performed by a certified school administrator. For clarification, a technical change was made to the second sentence in §233.14(a), moving the phrase "by a certified school administrator" in front of the conditional clause that modifies it.
SBOE Review of Proposed SBEC Rules
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 rules by a vote of at least two-thirds of the members of the SBOE present and voting.
FISCAL IMPACT: The TEA staff have determined that there are no additional costs to persons or entities required to comply with the proposed amendments. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendments would be to increase the availability of qualified Marketing Education instructors without compromising SBEC standards for certification in this area.
PROCEDURAL AND REPORTING IMPLICATIONS: The TEA staff have determined that there are no procedural and reporting implications to school districts and educators.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The TEA staff have determined that there are no locally maintained paperwork requirements to school districts and educators.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.437, Issuance of Additional Certificates Based on Examination, and Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs, §230.483, Specific Requirements for Standard Career and Technical Education Certificates Based on Experience and Preparation; and
Take no action on the proposed amendment to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area).
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Raymond F. Glynn, Deputy Commissioner
School District Leadership and Educator Quality
Jerel Booker, Associate Commissioner
Educator and Student Policy Initiatives
Karen Loonam, Deputy Associate Commissioner
Educator Certification, Standards, and Investigations
Tabita Gutierrez, Director
Educator Certification
Andrew Allen, Assistant Counsel
Legal Services for Educator Certification, Standards, and
Investigations
Attachments:
I. Statutory Citations
II. Text of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter N, Certificate Issuance Procedures, §230.437, Issuance of Additional Certificates Based on Examination, and Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs, §230.483, Specific Requirements for Standard Career and Technical Education Certificates Based on Experience and Preparation
III. Text of Proposed Amendment to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.14, Career and Technical Education (Certificates requiring experience and preparation in a skill area)