Adopted new §231.587 relocates the current provisions in §231.257 that are repealed in Division 8 into Division 24 to reflect that the SBOE has reclassified the Fundamentals of Computer Science or Advanced Placement Computer Science Principles course as a CTE course. The new section also adds trade and industrial education certifications as permissible to teach the course for Grades 9-12.

§231.589. Game Programming and Design, Grades 9-12.

Adopted new §231.589 maintains the current provisions in §231.257 that are adopted for repeal for the Game Programming and Design course for Grades 9-12, while moving it into Division 24 to reflect that the SBOE has reclassified the course as a CTE course. The new section also adds trade and industrial education certifications as permissible to teach the course.

§231.591. Mobile Applications Development, Grades 9-12.

Adopted new §231.591 adds the SBOE-approved course Mobile Applications Development for Grades 9-12 and the appropriate certificates to teach that course into Division 24 to reflect that the SBOE has reclassified it as a CTE course. The course was previously referenced in §231.257, which has been repealed.

§231.593. Cybersecurity, Grades 9-12.

Adopted new §231.593 maintains the current provisions in §231.259 regarding Cybersecurity courses for Grades 9-12, while moving it into Division 24 to reflect that the SBOE has reclassified it as a CTE course. There are no changes to the list of certificates appropriate to teach these courses.

§231.595. Discrete Mathematics for Computer Science, Grades 9-12.

Adopted new §231.595 maintains the current provisions in §231.255 regarding Discrete Mathematics for Computer Science for Grades 9-12, while moving it into Division 24 to reflect that the SBOE has reclassified it as a CTE course. The new section also adds trade and industrial education certifications as permissible to teach the course.

Division 25. Transportation, Distribution, and Logistics, Grades 9-12 Assignments.

The SBEC adopts a repeal and replacement for Division 25, Transportation, Distribution, and Logistics, Grades 9-12, that addressed expansion of course numbers in the previous division and correct the numbering for this division. The course information for Division 25 has been renumbered for technical formatting purposes to provide enough room to include current provisions as well as add additional courses approved by the SBOE along with corresponding certificates.

Division 26. Energy, Grades 9-12 Assignments.

Adopted new Division 26 adds the new Energy cluster to align with curriculum changes and provides clarity on SBOE-approved courses and the appropriate certificates to teach those courses.

§231.651. Energy and Natural Resources, Grades 9-12.

Adopted new §231.651 adds seven new SBOE-approved courses, Oil and Gas Production I-IV; Introduction to Process Technology; Foundations of Energy; or Petrochemical Safety, Health, and Environment, for Grades 9-12 and provides guidance on the assignment to teach the courses. TEA staff in Educator Certification, Curriculum, and Career and Technical Education worked together closely to discuss rule changes. TEA staff identified certificates appropriate to teach courses based on alignment of knowledge and skills assessed on examinations for certificate issuance to the certificate holder's ability to successfully instruct students in the TEKS for a specified subject area and course offering.

Subchapter F. Special Education-Related Services Personnel Assignments

The adopted revisions to Subchapter F address the need to expand course numbering in previous subchapters of the rules. The adopted revisions include the current rules, renumbered to allow for additional rules in 19 TAC Chapter 231. This adoption reflects the reorganization of Subchapter F by adopting the repeal of §§231.611, 231.613, 231.615, 231.617, 231.619, 231.621, and 231.623, renumbered as adopted new §§231.701, 231.703, 231.705, 231.707, 231.709, 231.711, and 231.713. The content of the rules remains the same.

Subchapter G. Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments

The adopted revisions to Subchapter G address the need to expand course numbering in previous subchapters of the rules. The adopted revisions include the current rules, renumbered to allow for additional rules in 19 TAC Chapter 231. This adoption reflects the reorganization of Subchapter G by adopting the repeal of §§231.641, 231.643, and 231.645, renumbered as adopted new §§231.751, 231.753, and 231.755. The content of the rules remains the same.

SUMMARY OF COMMENTS AND RESPONSES. The public comment period on the proposal began August 21, 2020, and ended September 21, 2020. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the October 9, 2020 meeting in accordance with the SBEC board operating policies and procedures. The following is a summary of the public comments received on the proposal and the responses.

Comment: Eighteen individuals commented that the list of certificates found in 19 TAC §231.585, Computer Science, Grades 9-12, should be broadened to include Technology Education, Business Education, Technology Applications, and Trade and Industrial Education and increase the number of individuals considered appropriately certified to teach computer science. Commenters referenced the elimination of computer programming courses and the potential impact on districts' ability to easily place those educators into other career and technical education assignments.

Response: The SBEC disagrees. Due to the positive impact that appropriately prepared students can have on the industry, it matters significantly who is providing this instruction. Computer science courses require a skill set not necessarily covered on other certificate areas, and individuals certified in areas outside those already specified in rule are not guaranteed to have the knowledge and skills required to be able to teach computer science courses well. The certificates listed in 19 TAC §231.585, Computer Science, Grades 9-12, have remained consistent for years and are aligned with the work of the SBOE and staff in the divisions of Curriculum Standards and Student Support and College, Career and Military Preparation at the TEA.

Comment: Fifteen individuals commented that if the SBEC opts to make no changes to the list of certificates approved to teach computer science, it should allow a one- to two-year transition period to allow individuals to prepare for and pass the required examination that would qualify them for issuance of the SBEC certificate to teach the course.

Response: The SBEC disagrees. While some individuals may need more time to qualify for issuance of a Computer Science certificate, it is not necessary for the SBEC to delay implementation of the new rules. Districts have several options already in place to increase flexibility, such as the district of innovation status, with an exemption from certification requirements as best determined by districts to meet local needs; local board support to pursue a teacher certification waiver reviewed and approved by the commissioner of education; and requests for emergency permits issued under SBEC rules in 19 TAC Chapter 230, Subchapter F, Permits.

Comment: Eighteen individuals commented that the limited scope of certificates identified in 19 TAC §231.587, Fundamentals of Computer Science, Advanced Placement Computer Science Principles, Grades 9-12, would prevent educators that previously taught computer programming courses from being eligible for placement into other computer science courses, decreasing district flexibility in retaining and hiring qualified educators to teach certain CTE courses. The commenters asked that the SBEC consider adding Business Education and Technology Education to the list of certificates appropriate to teach courses found in §231.587.

Response: The SBEC disagrees. Computer science courses require a skill set not necessarily covered on other certificate areas, and individuals certified in areas outside those already specified in rule are not guaranteed to have the knowledge and skills required to be able to teach computer science courses well.

Comment: One individual suggested broadening the list of certificates specified in 19 TAC §231.593, Cybersecurity, Grades 9-12, to add Business and Industrial Arts/Industrial Technology as appropriate credentials to teach Foundations of Cybersecurity. The commenter believes these additions will increase flexibility at the district level to meet high demand for this course offering.

Response: The SBEC disagrees. Cybersecurity courses require a skill set not necessarily covered on other certificate areas, and individuals certified in areas outside those already specified in rule are not guaranteed to have the knowledge and skills required to be able to teach cybersecurity courses well. Additionally, the certificates listed in 19 TAC §231.593, Cybersecurity, Grades 9-12, have not changed in the amended rules, but the course information has been moved to the appropriate section in SBEC rule to align with the recent work completed by the SBOE to combine technology applications and CTE courses. This was an organizational change and the SBOE did not change the content of these courses.

Comment: One individual commented in opposition to the addition of courses added to 19 TAC §§231.305, Architectural Design, Grades 9-12; 231.333, Principles of Arts, Audio/Video Technology, and Communications, Grades 9-12; 231.361, Business Information Management; Business Law; and Touch System Data Entry, Grades 9-12; 231.487, Computer Maintenance, Grades 9-12; and 231.591, Mobile Applications Development, Grades 9-12. The commenter stated that the certificate holders will not be prepared to teach these courses without additional training or experience.

Response: The SBEC disagrees. Districts determine the individual best qualified to meet the needs of their students and to deliver effective instruction and support and ensure that the individual is prepared to teach the assigned course. Additionally, the amended rules do not create a requirement for school districts to hire individuals with these other certificates; they simply allow hiring flexibility.

Comment: One individual commented in opposition to the rule changes to 19 TAC Chapter 231 citing concerns of Kindergarten-Grade 12 curriculum.

Response: The comment is outside the scope of the proposed rule. The topic of the comment was related to the SBOE rulemaking and not the SBEC.

Comment: One individual commented in opposition to 19 TAC §231.567, Engineering Design and Presentation, Grades 9-12, which would allow educators with an Agriculture certificate to teach advanced engineering courses. The individual stated that there is misalignment in required expertise and content in these areas.

Response: The SBEC disagrees. Districts determine the individual best qualified to meet the needs of their students and to deliver effective instruction and support. Additionally, amended rules do not create a requirement for school districts to hire individuals with these other certificates; they simply allow hiring flexibility.

Comment: One individual commented in support of the addition of course assignments for the Technology Applications and Business certificates.

Response: The SBEC agrees. These changes will allow for increased flexibility for districts, teachers, and students as it relates to course offerings and placement of appropriately certified individuals into various assignments.

The SBOE took no action on the review of the new, amended and repealed sections at the November 20, 2020 SBOE meeting.

STATUTORY AUTHORITY. The amendment implements Texas Education Code (TEC), §21.031(a), which states that the State Board for Educator Certification (SBEC) shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and TEC, §21.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

CROSS REFERENCE TO STATUTE. The amendment is adopted under Texas Education Code (TEC), §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by House Bill 3, 86th Texas Legislature, 2019.