September 2014 Committee on School Initiatives Item 1

Review of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates

September 19, 2014

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 revise 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. The proposed revisions would be necessary as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). The proposed revisions would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state.

STATUTORY AUTHORITY:  The statutory authority for 19 TAC Chapter 227, Subchapter A, is the Texas Education Code (TEC), §§21.031, 21.044(a), 21.0441, 21.049, 21.050(a), and 21.051. The statutory authority for 19 TAC Chapter 227, Subchapter B, is the TEC, §21.041(b)(1) and (4), and Texas Occupations Code, §53.105.

EFFECTIVE DATE: The proposed effective date of the proposed amendments would be March 1, 2015, except for proposed new 19 TAC §227.17, Formal Admission, which would take effect January 1, 2015.

PREVIOUS BOARD ACTION:  None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:  The SBEC rules in 19 TAC Chapter 227 begin with Subchapter A, Admission to Educator Preparation Programs, which provides for rules that establish requirements for admission to an educator preparation program. Subchapter B, Preliminary Evaluation of Certification Eligibility, provides for rules for the implementation of a preliminary criminal history evaluation, as provided in the Texas Occupations Code, Chapter 53, Subchapter D. The TEC, §21.049, authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional EPPs. The TEC, §21.031, states that the SBEC is established to oversee all aspects of the certification and continuing education of public school educators and to ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.

The proposed revisions to 19 TAC Chapter 227, shown in Attachment II, update the rules to reflect current law and provide minimum standards with flexibility for all EPP candidates. The proposed revisions reflect discussions held during stakeholder meetings with EPPs on January 14, 2014; February 18, 2014; and March 26, 2014, and regional stakeholder meetings held on February 27, 2014; March 3, 2014; and March 4, 2014, with district and regional administrators. Additional changes also reflect input received from the staffs at the TEA and the THECB.

General Provisions

Language in §227.1(b) would be amended to clarify an educator preparation program's role in an educator's criminal history background check as informational.

Definitions

Language in §227.5 would be amended to add a definition of accredited institution of higher education for clarity, add a definition of post-baccalaureate program based on feedback from preparation programs, and remove a phrase from the definition of contingency admission to stay in alignment with the acceptance of accredited institutions of higher education. Language would also be amended to remove definitions for words and terms not used in Chapter 227.

Since published as proposed, 19 TAC §227.5(5) and (6) would be amended for clarity to add the phrase "that must be" to the definition of educator preparation program and add the phrase "that is" to the definition of post-baccalaureate program, respectively.

Admission Criteria

Language in §227.10(a) would be amended to align the acceptance of an accredited institution of higher education. In addition, language would be added to specify the minimum requirements for admission to an EPP for those seeking initial certification. A subject-specific, 15 semester credit hour prerequisite would also be added for those seeking admission for mathematics or science certification at or above Grade 7, in accordance with the TEC, §21.0441, added by HB 2012, 83rd Texas Legislature, Regular Session, 2013. The basic skills testing requirement articulated in §227.10(a)(4) would be removed as a requirement.

Language in §227.10(c) would be amended to provide for an EPP to admit a candidate who has either completed another EPP or who has been employed for three years in a public school under a temporary or probationary certificate if the candidate seeks certification in a new field.

In response to public comment, language contained in the proposed amendment to §227.10(a)(3)(A) that provided for a grade point average (GPA) requirement of 2.75 would be deleted, maintaining the minimum GPA requirement of 2.5 currently codified in rule.

Formal Admission

As a result of recurring feedback from candidates, proposed new 19 TAC §227.17 would be added to clarify and document when an applicant is considered admitted to an EPP. Proposed new 19 TAC §227.17 would take effect January 1, 2015.

Implementation Date

Language would be amended to reflect an implementation date of March 1, 2015, for the proposed amendments to 19 TAC Chapter 227, Subchapter A, with the exception of proposed new 19 TAC §227.17.


Technical Changes

Minor technical edits such as updating cross references would also be made throughout Chapter 227.

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 September 25, 2014, which is the 90th day after the date the SBOE first received these proposed rules.

FISCAL IMPACT:  The TEA staff has determined that there is no additional fiscal impact on state and local governments and there are no additional costs to persons or entities required to comply with the proposed rule actions. In addition, there is no direct additional adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.022, is required.

PUBLIC AND STUDENT BENEFIT:  The public and student benefit anticipated as a result of the proposed revisions to Chapter 227 would be the development of clear, minimum EPP admission criteria that would ensure educators are prepared to positively impact the performance of the diverse student population of this state.

PROCEDURAL AND REPORTING IMPLICATIONS:  The proposed revisions would have no additional procedural and reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:  The proposed revisions would have no additional locally maintained paperwork requirements.

PUBLIC COMMENTS:  In accordance with the SBEC rulemaking process, a summary of comments received by the SBEC on its proposed rules will be shared with the SBOE under separate cover prior to this SBOE meeting.

ALTERNATIVES:  None.

OTHER COMMENTS AND RELATED ISSUES:  None.

MOTION TO BE CONSIDERED:

Take no action on the proposed revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates.


Staff Members Responsible:
Ryan Franklin, Interim Associate Commissioner
Educator Leadership and Quality

Tim Miller, Director
Educator Preparation Programs - Accountability and Program Management

Tim Regal, Policy Advisor
Educator Leadership and Quality

Attachments:
I. Statutory Citations (PDF, 25KB)
II. Text of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF, 43KB)