Review of Proposed Amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries
May 21, 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 245, Certification of Educators from Other Countries. The proposed amendments would update the rules to reflect current law and add specificity to the requirements relating to the issuance of a Texas educator certificate based on certification from another country.
STATUTORY AUTHORITY: The statutory authority for the proposed amendments to 19 TAC Chapter 245 is the Texas Education Code (TEC), §§21.041(b)(1), (4), and (5); 21.048(a); 21.050; 21.052(a)-(e) and (g); and 22.0831(f).
EFFECTIVE DATE: The proposed effective date of the amendments to 19 TAC Chapter 245 would be June 27, 2010.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBEC rules in 19 TAC Chapter 245 establish general provisions, requirements for the issuance of a Texas certificate based on certification from another country, application procedures, and evaluation of college credentials.
The proposed amendments to 19 TAC Chapter 245, shown in Attachment II, would update the rules to reflect current law relating to the issuance of a Texas educator certificate based on certification from another country. The proposed amendments reflect discussions held during the September 28, 2009 stakeholder meeting, which included representatives from school districts, professional associations, and TEA staff. The following is a description of the proposed changes.
Language in 19 TAC §245.5(b) would be added to clarify the requirements for the issuance of a one-year certificate. The proposed language also clarifies requirements for the issuance of a one-year certificate when the applicant holds only a student services, principal, or superintendent certificate. Section 245.5(d)(1) and (2) would be renumbered as subsections (c) and (d), respectively, with technical edits. Language would be added in renumbered §245.5(c) to clarify that the examination requirements are to establish eligibility for a standard certificate and to allow an extension of the one-year certificate in extenuating circumstances. Current §245.5(e) and (f) would be deleted since the subsections are obsolete or have an expiration date of March 1, 2004, specified in rule.
Language in 19 TAC §245.10(a)(2)(A) would be added to clarify that the equivalent of a baccalaureate degree, at a minimum, must be verified by a foreign credential evaluation service. Language in §245.10(a)(3) would be added to specify that a statement from an authorized licensing agency in the issuing country must be written in English or accompanied by a translation in the English language from a foreign credential evaluation service or from an accredited translation service. Current §245.10(b) and (e) would be deleted since they are obsolete. Current §245.10(c) and (d) would be renumbered accordingly.
Language would be amended in 19 TAC §245.15 to clarify that requests for evaluation of college credentials must be directed to and approved by an SBEC-approved educator preparation program. Language would also specify that an individual with no certificate or other credential must seek admission to an SBEC-approved educator preparation program and be recommended by the program for certification.
Technical Changes
Throughout Chapter 245, grammatical and technical changes would be made, such as replacing the term "executive director" with the term "Texas Education Agency staff" or "State Board for Educator Certification" and the term "State Board for Educator Certification" with the term "Texas Education Agency staff" where appropriate. Language would be amended to clarify that accrediting organizations must be recognized by the Texas Higher Education Coordinating Board. Language would be amended to specify creditable years of service. Also, statutory citation references would be updated and standardized to reflect current law and Texas Register formatting requirements.
References to other SBEC rules would be updated and/or added as part of the proposed amendments to 19 TAC Chapter 245.
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 Texas Education Agency (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 the continuation and clarification of requirements for the certification of educators from other countries.
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: A stakeholder meeting was held on September 28, 2009 for the purpose of reviewing and seeking input related to 19 TAC Chapter 245.
COMMISSIONER'S RECOMMENDATION: I recommend that the State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries.
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 and Standards
Tabita Gutierrez, Acting Director
Educator Credentialing
Attachments:
I. Statutory Citations
II. Text of Proposed Amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries