Review of Proposed Repeal of and New 19 TAC Chapter 230, Professional Educator Preparation and Certification
July 20, 2012
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 repeal 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, Definitions; Subchapter B, Assessment of Educators; Subchapter M, Certification of Educators in General; Subchapter N, Certificate Issuance Procedures; Subchapter O, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States; Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs; Subchapter Q, Permits; Subchapter S, Educational Aide Certificate; and Subchapter V, Induction Training for Beginning Teachers; and establish new 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. The proposed rule actions are necessary as a result of the reorganization of the rules codified in 19 TAC Chapter 230. Proposed new 19 TAC Chapter 230, Subchapters A-H, would update statutory and administrative rule references and clarify and streamline the professional educator preparation and certification provisions to make them more accessible and understandable to the public. Proposed new 19 TAC Chapter 230, Subchapter C, would also include new statutory requirements as a result of Senate Bill (SB) 867, 82nd Texas Legislature, 2011. In addition, proposed new 19 TAC Chapter 230, Subchapter G, would include new statutory requirements as a result of SB 54, 82nd Texas Legislature, 2011.
STATUTORY AUTHORITY: The statutory authority for current 19 TAC Chapter 230 is the Texas Education Code (TEC), §§21.031; 21.040(6); 21.041(a), (b)(1)-(5) and (9), and (c); 21.044(a); 21.045; 21.048; 21.050; 21.052; 21.054(a); 22.082; 22.0831(f); and Texas Occupations Code, §53.105.
The statutory authority for proposed new 19 TAC Chapter 230 is the TEC, §§21.003(a); 21.031; 21.040(6); 21.041(a), (b)(1)-(5) and (9), and (c); 21.044(a); 21.045; 21.048; 21.0485; 21.050; 21.051; 21.052; 21.054(a); 22.082; 22.0831(c) and (f); and Texas Occupations Code, §53.105 and §54.003.
EFFECTIVE DATE: The proposed effective date of the repeal of and new 19 TAC Chapter 230 would be August 19, 2012.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The current SBEC rules in 19 TAC Chapter 230 are organized as follows: Subchapter A, Definitions; Subchapter B, Assessment of Educators; Subchapter M, Certification of Educators in General; Subchapter N, Certificate Issuance Procedures; Subchapter O, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States; Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs; Subchapter Q, Permits; Subchapter S, Educational Aide Certificate; and Subchapter V, Induction Training for Beginning Teachers. These subchapters provide for rules that establish guidelines and procedures for certification requirements, fees, permits, educational aides, and assignment criteria relating to professional educator preparation and certification.
The Texas Education Agency (TEA) staff held face-to-face stakeholder meetings on October 17, 2011 and November 17, 2011 to gather input on the proposed reorganization of and amendments to the rules currently codified in 19 TAC Chapter 230, Professional Educator Preparation and Certification. Following is a description of the proposed changes.
Proposed New Subchapter A, General Provisions
Proposed new 19 TAC §230.1 would specify that the definitions in this section also apply to proposed new 19 TAC Chapter 232, General Certification Provisions, and proposed revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, as a result of the reorganization of these chapters to establish continuity. In addition, proposed new §230.1 would reflect updated terms to be used by all programs to ensure effective communication among all educators and stakeholders in the state. Definitions would be updated for educator preparation program (EPP), examination, mentor, and private school, and new definitions would be added for accredited institution of higher education, classroom teacher, continuing professional education, field supervision, hearing impairment, high-quality professional development, initial certification, internship, professional class, State Board for Educator Certification, teacher of record, and Texas school district.
Since published as proposed, informal questions and staff discussions have indicated that there was a need to clarify the meaning of the term "appropriate" as it is used in this chapter. The SBEC determined that a clear definition of this term would help EPPs, school districts, and open-enrollment charter schools better understand the examinations, requirements, and assignments for certificates that are required by SBEC rules, procedures, and policies. Therefore, a clarifying definition of the term "appropriate" would be added as proposed new §230.1(2).
Proposed new 19 TAC §230.3 would include language to clarify that professionally prepared individuals would have demonstrated pedagogical and content proficiency.
Proposed New Subchapter B, General Certification Requirements
A majority of the rules in this subchapter would reflect rules renumbered and moved from current 19 TAC Chapter 230, Subchapter M, with only minor technical edits to the rule text such as updating administrative rule references due to the reorganization of the chapter. Proposed new 19 TAC §230.11 would not include the general certification and educational aide requirement for specialized program assignments since an educational aide no longer serves in specialized program assignments. Proposed new 19 TAC §230.11(b)(2) would include language to replace the phrase "successfully resolve criminal history" with references to specific authority and criminal history/ethical grounds under which an application may be denied to help in articulating to the State Office of Administrative Hearings the grounds for administrative denials. Proposed new 19 TAC §230.13 would include language to address the submission of passing scores on comprehensive examinations for the issuance of a standard certification in the area of career and technical education based on experience and preparation in a skill area.
Proposed New Subchapter C, Assessment of Educators
This subchapter would reflect a rule renumbered and moved from current 19 TAC Chapter 230, Subchapter B, with only minor technical edits to the rule text such as updating administrative rule references due to the reorganization of the chapter. In addition, as a result of SB 867, 82nd Texas Legislature, 2011, proposed new 19 TAC §230.23 would specify requirements for testing accommodations for persons with dyslexia. Proposed new 19 TAC §230.25 would clarify requirements for persons with hearing impairments seeking an exemption for educator certification and provide additional guidance for EPPs.
Proposed New Subchapter D, Types and Classes of Certificates Issued
This subchapter would reflect rules renumbered and moved from current 19 TAC Chapter 232, Subchapter A, with changes and technical edits to the rule text such as updating administrative rule references due to the reorganization of the chapter. Proposed new 19 TAC §230.33 would not include instructional educator other than classroom teacher as a class of certificate. Proposed new 19 TAC §230.37 would be organized by requirements applicable to each type of educator preparation program when recommending a candidate for a probationary certificate. In subsection (c)(4), an EPP would be required to notify TEA immediately if the status of a holder of a probationary certificate changes because of a resignation, termination, or discharge or release from the EPP. In subsection (d), language would be included to address a traditional undergraduate preparation program internship. Proposed new 19 TAC §230.41 would not specify any country participating in the visiting teacher program.
In response to public comment, language would be amended in proposed new §230.37(b)(3) and (f) to clarify the requirements for a probationary certificate assignment and the responsibilities of the EPP and to clarify that the teacher of record definition would not restrict the assignment of an educator to assignments where the educator would be a teacher of record.
No substantive changes are reflected in proposed new §§230.31, 230.35, and 230.39.
Proposed New Subchapter E, Educational Aide Certificate
This subchapter would reflect rules renumbered and moved from current 19 TAC Chapter 230, Subchapter S, with the exception of 19 TAC §230.559, with technical edits to the rule text such as updating an administrative rule reference due to the reorganization of the chapter. Section 230.559, Assignments in Specialized Areas, would be repealed. Proposed new 19 TAC §230.53 would include more specific guidance for school districts when recommending a qualified candidate for an educational aide certificate.
No substantive changes are reflected in proposed new §§230.51, 230.55, 230.57, 230.59, and 230.61.
Proposed New Subchapter F, Permits
This subchapter would reflect rules renumbered and moved from current 19 TAC Chapter 230, Subchapter Q, with changes and technical edits to the rule text such as updating administrative rule references due to the reorganization of the chapter. Proposed new 19 TAC §230.77 would require, in subsection (g)(3), that the assignment for instructional support personnel would increase the number of completed semester hours directly related to the basic competencies required of school librarians from 6 to 12 hours and, in subsection (g)(4)(B), that the issuance of an emergency permit would require Reserve Officers' Training Corps (ROTC) instructors to be reissued a permit every year.
No substantive changes are reflected in proposed new §§230.71, 230.73, 230.75, 230.79, 230.81, 230.83, and 230.85.
Proposed New Subchapter G, Certificate Issuance Procedures
This subchapter would reflect rules renumbered and moved from current 19 TAC Chapter 230, Subchapter N, with the exception of 19 TAC §230.433, with changes. Section 230.433, Duplicate Certificates, would be repealed. Proposed new 19 TAC §230.91 would specify the issuance of an online, printable certificate as the official record provided to the holder of the certificate. Proposed new 19 TAC §230.101 would include a fee for correcting a certificate or permit when the error is not made by the TEA. In addition, no fee would be included for the issuance of a duplicate certificate since TEA no longer provides printed or duplicate certificates. As a result of SB 54, 82nd Texas Legislature, 2011, proposed new 19 TAC §230.105 would include the Teacher of Students with Visual Impairments Supplemental certificate, which would not be allowed to be added through certification by examination.
No substantive changes are reflected in proposed new §§230.93, 230.97, 230.99, and 230.103.
Proposed New Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States
This subchapter would reflect rules renumbered and moved from current 19 TAC Chapter 230, Subchapter O, with changes and technical edits to the rule text such as updating administrative rule references due to the reorganization of the chapter. Proposed new 19 TAC §230.111 would clarify in subsection (e) that the SBEC does not offer teacher certificates outside of the Early Childhood-Grade 12 levels for out-of-state educators. In addition, the proposed new section would clarify in subsection (f) that if a Texas examination or certification is scheduled for elimination, an individual requesting certification and examination comparability must ensure that all review documentation, including test scores, is received by TEA staff 60 calendar days before the application submission deadline for the test or certification sought. Proposed new 19 TAC §230.117 would clarify in subsection (a) that a review of credentials will only be valid for the existing standards at the time of the review for the certificate and would specify in subsection (b) that individuals who do not submit all required documents for the review at the time of the application will have one year to submit all required documents or will be required to reapply and resubmit the application fee.
No substantive changes are reflected in proposed new §230.113 and §230.115.
Proposed Repeal of 19 TAC Chapter 230
As shown in Attachment II, this item also presents the proposed repeal of rules in 19 TAC Chapter 230, Subchapter A, Definitions; Subchapter B, Assessment of Educators; Subchapter M, Certification of Educators in General; Subchapter N, Certificate Issuance Procedures; Subchapter O, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States; Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs; Subchapter Q, Permits; Subchapter S, Educational Aide Certificate; and Subchapter V, Induction Training for Beginning Teachers, due to the reorganization of the rules.
SBOE Review of Proposed SBEC Rules
Under the 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, but may not modify a rule. The rules take effect as rules of the SBEC if the SBOE fails to review the rules contained in this item by July 27, 2012, which is the 90th day after the date the SBOE first received these proposed rules.
FISCAL IMPACT: The TEA staff have determined that there are no additional costs to persons or entities required to comply with the proposed rule actions. However, it should be noted that this proposal clarifies that a person must pay a fee for correcting a certificate or permit when the error is not made by the TEA. The fee for correcting a certificate or permit would be equal to the fee for the original certificate or permit. There is no direct adverse economic impact for small businesses or microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT: The proposed rule actions would result in the reorganization and clarification of the certification requirements, fees, procedures, permits, and criteria for professional educator preparation and certification to make those requirements and procedures more accessible to the public.
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: In accordance with the SBEC rulemaking process, a summary of the public comments received by the SBEC on its proposed rules was shared with the SBOE in a separate mailing prior to this SBOE meeting.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: Separate items are presented for action in this agenda for the SBOE to review the proposed repeal of and new 19 TAC Chapter 232, General Certification Provisions, and proposed revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, resulting from the reorganization of the rules.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Take no action on the proposed repeal of 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, Definitions; Subchapter B, Assessment of Educators; Subchapter M, Certification of Educators in General; Subchapter N, Certificate Issuance Procedures; Subchapter O, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States; Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs; Subchapter Q, Permits; Subchapter S, Educational Aide Certificate; and Subchapter V, Induction Training for Beginning Teachers; and
Take no action on proposed new 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States.
Respectfully submitted,
Robert Scott
Commissioner of Education
Staff Members Responsible:
Ann Smisko, Associate Commissioner
Educator Leadership and Quality
Janice Lopez, Director
Educator Certification and Standards
Andrew Allen, Assistant Counsel
Legal Services
Attachments:
I. Statutory Citations (PDF, 173KB)
II. Text of Proposed Repeal of 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, Definitions; Subchapter B, Assessment of Educators; Subchapter M, Certification of Educators in General; Subchapter N, Certificate Issuance Procedures; Subchapter O, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States; Subchapter P, Requirements for Standard Certificates and Specialized Assignments or Programs; Subchapter Q, Permits; Subchapter S, Educational Aide Certificate; and Subchapter V, Induction Training for Beginning Teachers (PDF, 189KB)
III. Text of Proposed New 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States (PDF, 196KB)