September 2014 Committee on School Initiatives Item 2
Review of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs
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 amend 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments 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), and Senate Bill (SB) 460, 83rd Texas Legislature, Regular Session, 2013. The proposed amendments 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 228 is the Texas Education Code (TEC), §§21.031, 21.041(b)(1) and (2), 21.044, 21.045(a), 21.049(a), 21.050(a) and (c), and 21.051.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 228 would be October 26, 2014.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBEC rules in 19 TAC Chapter 228 establish requirements for EPPs. 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 amendments to 19 TAC Chapter 228, shown in Attachment II, would update the rules to reflect current law and provide minimum standards with flexibility for all EPPs. These proposed amendments reflect discussions held during stakeholder meetings with EPPs held 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.
Definitions
Language in §228.2 would be amended to add a definition of post-baccalaureate program based on feedback from preparation programs, add a definition of professional certification for clarity, add a definition of site supervisor to better reflect the realities of a professional certification practicum, and update and standardize words and terms applicable to all programs in the state to ensure effective communication among and with all educators and stakeholders in the state.
The definition of clinical teaching would be amended to allow for 24-week, half-day assignments so that candidates in clinical teaching positions would have time available to continue with or seek employment. The definition of field supervisor would also be amended to require that field supervisors keep their certification current. In addition, the definition of internship would be amended so that it better captures varied school calendars and internship start dates.
Language in §228.2 would also be updated so definitions in 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, and 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, would be uniform.
Since published as proposed, 19 TAC §228.2(7) and (16) 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.
Approval Process
Language in §228.10 would be amended to delete subsection (a) because the required submission is both redundant and could be obtained by the TEA. Language would be removed in proposed subsection (b) in response to both stakeholder and Texas Sunset Commission recommendations so that all EPPs would be on a five-year review cycle. Language in proposed subsection (d) would replace current subsection (f) to allow programs to open additional locations provided they notify the TEA in advance and run those programs in accordance with their practices that were approved by the TEA.
In response to public comment, language in current §228.10(d) that would remove the clinical teaching approval process was amended to be retained as subsection (c) and the remaining subsections would be re-lettered accordingly.
Governance of Educator Preparation Programs
Since published as proposed, 19 TAC §228.20(e) would be amended to correct punctuation, change "shall" to "must" and add "be" for consistency in word usage, and add the phrase "to become effective" for clarity.
Educator Preparation Curriculum
Language in §228.30 would be amended to replace the majority of the curriculum requirements with the Texas teacher standards so that preparation is aligned with evaluation and professional development. Additionally, language would be added to reflect current law that requires training in the detection of students with mental or emotional disorders, in accordance with the TEC, §21.044(c-1).
In response to public comment, language in §228.30(b)(5) would be amended to include reference to TEC, §21.044(c-2).
Preparation Program Coursework and/or Training
Language in §228.35 would be amended to remove the requirement that programs spend six clock-hours on certification test preparation. The amendment also removes the requirement that the TEA keep a list of approved alternative sites and methods for field-based experiences.
Proposed subsection (g) would also be added to differentiate the components of field observations between initial certification of teachers and professional certification.
Since published as proposed, 19 TAC §228.35(d)(2) would be amended to correct punctuation and add the phrase "at least" for clarity.
In response to public comment, language in §228.35(g)(2) that would require a minimum of 45 minutes of observation time by the field supervisor for a professional certification candidate to be on-site and face-to-face would be deleted and the remaining paragraphs would be renumbered accordingly.
Technical Changes
Minor technical edits such as updating cross references would also be made throughout Chapter 228.
Since published as proposed, 19 TAC §228.2(4) and §228.30(b) would be amended to correct punctuation.
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 the 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 amendments. 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 amendments would be the development of clear, minimum EPP requirements 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 amendments would have no additional procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments 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 amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs.
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, 29KB)
II. Text of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs (PDF, 93KB)