Texas Register

RULE §228.10Approval Process
ISSUE 08/26/2016
ACTION Proposed
Preamble Texas Admin Code Rule

(a)New entity approval [Entity Approval]. An entity seeking initial approval to deliver an educator preparation program (EPP) shall submit an application and proposal with evidence indicating the ability to comply with the provisions of this chapter , [and] Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates), Chapter 229 of this title (relating to Accountability System for Educator Preparation Programs), and Chapter 230 of this title (relating to Professional Educator Preparation and Certification). [The proposal shall include the following program approval components: entity commitment to adequate preparation of certification candidates, program standards, and community collaboration; criteria for admission to an EPP; curriculum; program delivery and evaluation; and a plan for ongoing support of the candidates. The proposal must also identify the certificates proposed to be offered by the entity and meet applicable federal statutes or regulations.] The proposal will be reviewed by the Texas Education Agency (TEA) staff and a pre-approval site visit will be conducted. The TEA staff shall recommend to the State Board for Educator Certification (SBEC) whether the entity should be approved. A post-approval site visit will be conducted after the first year of the EPP's operation.

   (1)The proposal shall include the following program approval components:

    (A)ownership and governance of the EPP;

    (B)criteria for admission to the EPP;

    (C)EPP curriculum;

    (D)EPP coursework and/or training, including ongoing support during clinical teaching, internship, and practicum experiences;

    (E)certification procedures;

    (F)assessment and evaluation of candidates for certification and EPP improvement;

    (G)professional conduct of EPP staff and candidates;

    (H)EPP complaint procedures; and

    (I)required submissions of information, surveys, and other accountability data.

   (2)The proposal shall also include identification of the classes and categories of certificates proposed to be offered by the entity.

(b)Continuing entity approval [Entity Approval]. An entity approved by the SBEC under this chapter shall be reviewed at least once every five years [under procedures approved by the TEA staff]; however, a review may be conducted at any time at the discretion of the TEA staff.

  (1)At the time of the review, the entity shall submit to the TEA staff [SBEC] a status report regarding its compliance with existing standards and requirements for EPPs . An EPP is responsible for establishing procedures and practices sufficient to ensure the security of information against unauthorized or accidental access, disclosure, modification, destruction, or misuse prior to the expiration of the retention period. Evidence of compliance is described in the figure provided in this paragraph [ and the entity's original proposal].

Attached Graphic

   (2)Unless specified otherwise, the entity must retain evidence of compliance described in the figure in paragraph (1) of this subsection for a period of five years.

   (3)TEA staff shall, at the minimum, use the following risk factors to determine the need for discretionary reviews and the type of five-year reviews:

    (A)a history of the program's compliance with state law and board rules, standards, and procedures, with consideration given to:

      (i)the seriousness of any violation of a rule, standard, or procedure;

      (ii)whether the violation resulted in an action being taken against the program;

      (iii)whether the violation was promptly remedied by the program;

      (iv)the number of alleged violations; and

      (v)any other matter considered to be appropriate in evaluating the program's compliance history;

    (B)whether the program meets the accountability standards under Texas Education Code, §21.045; and

    (C)whether a program is accredited by other organizations.

(c)Approval of clinical teaching [Clinical Teaching] for an alternative certification program [ Alternative Certification Program]. An alternative certification program seeking approval to implement a clinical teaching component shall submit a description of the following elements of the program for approval by the TEA staff on an application in a form developed by the TEA staff that shall include, at a minimum:

  (1)general clinical teaching program description, including conditions under which clinical teaching may be implemented;

  (2)selection criteria for clinical teachers;

  (3)selection criteria for cooperating [mentor ] teachers;

  (4)description of support and communication between candidates, cooperating teachers [mentors], and the alternative certification program;

  (5)description of program supervision; and

  (6)description of how candidates are evaluated.

(d)Addition of certificate categories and classes [ Certificate Fields].

  (1)An EPP that is rated "accredited," as provided in §229.4 of this title (relating to Determination of Accreditation Status), may request additional certificate categories [fields ] be approved by TEA staff, by submitting an application in a form developed by the TEA staff that shall include, at a minimum, the curriculum matrix; a description of how the standards for Texas educators are incorporated into the EPP; and documentation showing that the program has the staff knowledge and expertise to support individuals participating in each certification category [field] being requested. The curriculum matrix must include the standards, framework competencies, applicable Texas Essential Knowledge and Skills, course and/or module names, and the benchmarks or assessments used to measure successful program progress.

  (2)An EPP rated "accredited" [ ," as provided in §229.4 of this title,] and currently approved to offer a [content area] certificate for which the SBEC is changing the grade level of the certificate may request to offer the preapproved category [content field] at different grade levels by submitting an application in a form developed by the TEA staff that shall include, at a minimum, a modified curriculum matrix that includes the standards, course and/or module names, and the benchmarks or assessments used to measure successful program progress. The requested additional certificate categories [ fields] must be within the classes of certificates for which the EPP has been previously approved by the SBEC.

  (3)An EPP that is not rated "accredited" may not apply to offer additional certificate categories [ fields] or classes of certificates.

  (4)[(2)] An EPP that is rated "accredited" may request the addition of [certificate fields in] a certificate class [of certificates] that has not been previously approved by the SBEC, but must present a full proposal on an application in a form developed by the TEA staff for consideration and approval by the SBEC.

(e)Addition of program locations [Program Locations]. An EPP that is rated "accredited," [as provided in §229.4 of this title,] may open additional locations, provided the program informs the SBEC of any additional locations at which the program is providing educator preparation 60 days prior to providing educator preparation at the location. Additional program locations must operate in accordance with the program components under which the program has been approved to operate.

(f)Contingency of approval [Approval]. Approval of an EPP by the SBEC [or by the TEA staff], including each specific certificate class and category [field], is contingent upon approval by other lawfully established governing bodies such as the Texas Higher Education Coordinating Board, boards of regents, or school district boards of trustees. Continuing EPP approval is contingent upon compliance with superseding state and federal law.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 15, 2016


Cristina De La Fuente-Valadez

Director, Rulemaking, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: September 25, 2016

For further information, please call: (512) 475-1497

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