Review of Proposed Repeal of and New 19 TAC Chapter 232,
General Certification Provisions
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 232, General Certification Provisions, Subchapter A, Types and Classes of Certificates Issued; Subchapter B, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter C, National Criminal History Record Information Review of Active Certificate Holders; and establish new 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter B, National Criminal History Record Information Review of Active Certificate Holders. The proposed rule actions are necessary as a result of the reorganization of the rules codified in 19 TAC Chapter 232. Proposed new 19 TAC Chapter 232, Subchapters A and B, would update statutory and administrative rule references and clarify and streamline the general SBEC certification provisions to make them more accessible and understandable to the public. Proposed new 19 TAC Chapter 232, Subchapter A, would also include new statutory requirements as a result of House Bill (HB) 1334 and Senate Bill (SB) 866, 82nd Texas Legislature, 2011.
STATUTORY AUTHORITY: The statutory authority for current 19 TAC Chapter 232, Subchapter A, is the Texas Education Code (TEC), §§21.003(a), 21.031, 21.041(b)(1)-(5) and (9), and 22.0831(c) and (f). The statutory authority for current 19 TAC Chapter 232, Subchapter B, is the TEC, §§21.003(a), 21.031(a), and 21.041(b)(1)-(3) and (7)-(9). The statutory authority for current 19 TAC Chapter 232, Subchapter C, is the TEC, §21.041(c) and §22.0831(f).
The statutory authority for proposed new 19 TAC Chapter 232, Subchapter A, is the TEC, §§21.003(a), 21.0031(f), 21.031(a), 21.041(b)(1)-(3) and (7)-(9), and 21.054. The statutory authority for proposed new 19 TAC Chapter 232, Subchapter B, is the TEC, §21.041(c) and §22.0831(f).
EFFECTIVE DATE: The proposed effective date of the repeal of and new 19 TAC Chapter 232 would be August 19, 2012.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The current SBEC rules in 19 TAC Chapter 232 are organized as follows: Subchapter A, Types and Classes of Certificates Issued; Subchapter B, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter C, National Criminal History Record Information Review of Active Certificate Holders. These subchapters provide for rules that establish the requirements relating to types and classes of certificates issued, certificate renewal, continuing professional education, and national criminal history record information review.
The current rules codified in 19 TAC Chapter 232, Subchapter A, would be repealed and reorganized as proposed new 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter D, Types and Classes of Certificates Issued, since the rules more closely align with the rules codified in 19 TAC Chapter 230. The current rules codified in 19 TAC Chapter 232, Subchapter B, would be repealed and reorganized as proposed new 19 TAC Chapter 232, Subchapter A, with minimal changes. The current rules codified in 19 TAC Chapter 232, Subchapter C, would be repealed and reorganized as proposed new 19 TAC Chapter 232, Subchapter B, with minimal changes.
The Texas Education Agency (TEA) staff held webinars with the advisory committee for educator certification and standards on September 15, 2011, and with stakeholders on November 2 and 7, 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; 19 TAC Chapter 232, General Certification Provisions; and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. In addition, face-to-face stakeholder meetings were held on October 17, 2011, and November 17, 2011. Following is a description of the proposed changes.
Proposed New Subchapter A, Certificate Renewal and Continuing Professional Education Requirements
A majority of the rules in this subchapter would reflect rules renumbered and moved from current 19 TAC Chapter 232, Subchapter B, with either no changes to the rule text or with updates to administrative rule references.
Proposed new 19 TAC §232.1(f) and §232.7(b) would include language to specify references to the Texas Higher Education Coordinating Board guaranteed student loans, whose defaults are regularly reported to TEA staff by the Office of the Attorney General. Proposed new 19 TAC §232.1(g) would include language regarding child support arrears to be more consistent with the referenced procedures in the Texas Family Code, Chapter 232.
As a result of HB 1334, 82nd Texas Legislature, 2011, proposed new 19 TAC §232.5(d)-(f) and §232.7(e) would include language to be more consistent with the renewal restrictions and conditions imposed by the TEC, §21.0031(f), and the Texas Government Code, §2001.054.
Proposed new 19 TAC §232.7(a)(1) would specify that when notifying an educator prior to the expiration of his or her renewal period the notice will be sent to the email address provided by the educator. In addition, proposed new subsection (a)(2) would include language to specify the hardships the TEA staff will consider when an educator is unable to complete renewal requirements due to a hardship and that the extension of a renewal deadline would be at the discretion of TEA staff and not subject to appeal. In response to an SBEC member's request, language in proposed new §232.7(b)(2) would be amended to clarify that an educator is eligible for renewal unless the educator's certificate is currently suspended.
Proposed new 19 TAC §232.9 would specify procedures for late renewal and inactive status. In addition, proposed new subsection (c) would include language to specify that a late fee would be due for renewal applications not complete by the renewal date. As a result of SB 866, 82nd Texas Legislature, 2011, proposed new 19 TAC §232.11(e) would provide that continuing education requirements for an educator who teaches students with dyslexia include training regarding new research and practices in educating students with dyslexia and that the training may be satisfied through an accredited online course.
Proposed new 19 TAC §232.13(l) would clarify the continuing professional education (CPE) requirements for holders of multiple classes of certificates. Proposed new 19 TAC §232.15(a) would include language to expand the acceptable types of CPE activities and self-study of relevant professional materials to include interactive distance learning, video conferencing, and online activities and specify that staff development activities completed through accredited public and private schools in countries other than the United States may be accepted. Proposed new subsection (b) would emphasize that all CPE activities must be evidenced by documentation such as transcripts, certificates of completion, or attendance logs for auditing purposes. CPE credit for serving as an assessor is no longer considered to be an acceptable CPE activity that would increase student achievement or the performance of the teacher and is not included as part of proposed new 19 TAC §232.15.
Proposed New Subchapter B, National Criminal History Record Information Review of Active Certificate Holders
The rules in this subchapter would reflect rules renumbered and moved from current 19 TAC Chapter 232, Subchapter C, with only minor technical edits to the rule text such as updating administrative rule references due to the reorganization of the chapter.
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. In addition, there are 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 proposed rule actions would result in certified educators who have the appropriate training to address the educational needs of students. In addition, the proposed rule actions would clarify and streamline SBEC certification renewal and continuing professional education procedures and standards to make them more accessible and understandable 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: None.
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 230, Professional Educator Preparation and Certification, 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 232, General Certification Provisions, Subchapter A, Types and Classes of Certificates Issued; Subchapter B, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter C, National Criminal History Record Information Review of Active Certificate Holders; and
Take no action on proposed new 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter B, National Criminal History Record Information Review of Active Certificate Holders.
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, 144KB)
II. Text of Proposed Repeal of 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Types and Classes of Certificates Issued; Subchapter B, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter C, National Criminal History Record Information Review of Active Certificate Holders (PDF, 129KB)
III. Text of Proposed New 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements; and Subchapter B, National Criminal History Record Information Review of Active Certificate Holders (PDF, 78KB)