Review of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.1, General Authority, and §233.15, Languages Other Than English
September 18, 2009
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 233, Categories of Classroom Teaching Certificates, §233.1, General Authority, and §233.15, Languages Other Than English. The proposed amendments would require an oral proficiency examination for Languages Other Than English (LOTE) certificates. The proposed amendments would also expand the certificates issued for LOTE by adding four new certificates for French, German, and Spanish to be issued no earlier than November 1, 2009, and for Latin to be issued no earlier than January 1, 2010.
STATUTORY AUTHORITY: The statutory authority for the proposed amendments to 19 TAC §233.1 and §233.15 is the Texas Education Code (TEC), §§21.003(a), 21.031(a), and 21.041(b)(1) and (4).
EFFECTIVE DATE: The proposed effective date of the amendments to 19 TAC §233.1 and §233.15 would be October 25, 2009.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, §21.041(b)(1), authorizes the SBEC to propose rules that provide for the regulation of educators. Section 233.1, General Authority, and §233.15, Languages Other Than English, provide the oral proficiency requirements and teaching assignment rules relating to the certificates for languages other than English. In order to update standards and provide new grade level certifications, the following changes, shown in Attachment II, are proposed.
Language would be added to 19 TAC §233.1 to emphasize the need for an oral or communication proficiency examination as part of the certification process for LOTE certificates in proposed new subsection (f).
The proposed amendment to 19 TAC §233.15 would add four new certificates for LOTE in French: Early Childhood-Grade 12 in new subsection (d); German: Early Childhood-Grade 12 in new subsection (e); Latin: Early Childhood-Grade 12 in new subsection (g); and Spanish: Early Childhood-Grade 12 in new subsection (i). The new certificates would allow the holder to teach in a prekindergarten program, in kindergarten, and in Grades 1-12. The new LOTE certificates for French, German, and Spanish would be issued no earlier than November 1, 2009. The new LOTE certificate for Latin would be issued no earlier than January 1, 2010.
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: None.
PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed addition of four new LOTE certificates in French, German, Latin, and Spanish would be having highly-qualified and certified teachers with oral proficiency in LOTE classes at all grade levels. Also, districts would be able to begin or expand current LOTE programs to include additional languages.
PROCEDURAL AND REPORTING IMPLICATIONS: None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: None.
PUBLIC COMMENTS: None.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: A correction of error will be submitted to the Texas Register to correct a typographical error that appears in 19 TAC §233.15(f), relating to the Japanese: Early Childhood-Grade 12 certificate. The correction would replace the word, "Chinese," with "Japanese," in the phrase, "The holder of the Chinese: Early Childhood-Grade 12 certificate is eligible to teach Japanese in a prekindergarten program, in kindergarten, and in Grades 1-12." This correction is necessary since 19 TAC §233.15(f) addresses only the Japanese: Early Childhood-Grade 12 certificate.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 233, Categories
of Classroom Teaching Certificates, §233.1, General Authority, and §233.15, Languages Other Than English.
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 Quality and Standards
Karen Loonam, Deputy Associate Commissioner
Educator Certification and Standards
Melva Cardenas, Director
Educator Credentialing
Attachments: I. Statutory Citations
II. Text of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, §233.1, General Authority, and §233.15, Languages Other Than English