§228.40, Assessment and Evaluation of Candidates for Certification and Program Improvement

The SBEC proposes amending 19 TAC §228.40 to clarify that unless a candidate demonstrates content knowledge on a content certification examination prior to being admitted to an EPP, an EPP is responsible for providing coursework and training that adequately prepares a candidate to pass the content certification examination(s) required for certification. If an EPP admits a candidate under the 12 or 15 semester credit criteria, the EPP must provide the coursework and training necessary for the candidate to pass the content certification examination(s) required for certification. If an EPP admits a candidate under the content certification examination criteria and the content certification examination used for admission is the same content certification examination used for certification, the EPP is not responsible for providing the coursework and training necessary for the candidate to pass the content certification examination(s) required for certification. The amendment would add language to allow an EPP to prepare a candidate and grant test approval for a classroom teacher certificate category other than the category for which the candidate was initially admitted to the EPP if the candidate requests the new category in writing. This amendment would provide more flexibility for schools and districts to hire interns who have met the subject matter requirement for an intern or probationary certificate. The amendment would clarify that an EPP shall determine the readiness of each candidate to take the appropriate certification examination(s). The current rule only requires an EPP to determine readiness for the Pedagogy and Professional Responsibilities examination. Because candidates are now limited to how many times they can attempt a certification examination, this provision would provide a higher level of support to candidates. The amendment would clarify that an EPP shall not grant test approval for a certification examination until a candidate has been contingently or formally admitted into a program. This amendment would align with the admission language in 19 TAC Chapter 227. The amendment would also clarify that an EPP must continuously evaluate the design and delivery of the approved program components based on performance data, scientifically-based research practices, and the results of internal and external feedback and assessments. Because the current rule only requires EPPs to evaluate their curriculum, this amendment would improve all aspects of preparation.

§228.50, Professional Conduct

The SBEC proposes amending 19 TAC §228.50 to include requiring an EPP to ensure that candidates and individuals preparing candidates understand the Educators' Code of Ethics. This amendment would foster a better understanding of the Educators' Code of Ethics by candidates and individuals preparing candidates.

§228.60, Implementation Date

The SBEC proposes amending 19 TAC §228.60 to remove language related to the temporary teaching certificate. The removal of the temporary teaching certificate from 19 TAC Chapter 230 is being proposed and may be found in the Proposed Rules section of this issue of the Texas Register.

§228.70, Complaints and Investigations Procedures

The SBEC proposes amending 19 TAC §228.70 to clarify that a mentor, cooperating teacher, site supervisor, or administrator must be employed or have been employed at a site that serves as a site for clinical teaching, internship, or practicum experiences to be eligible to file a complaint against an EPP. This amendment would further define the jurisdiction of SBEC to investigate complaints that are directly related to an EPP. The TEC, §21.0455, as added by HB 2205, 84th Texas Legislature, Regular Session, 2015, requires the SBEC to propose rules necessary to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the TEA. HB 2205 also requires an EPP to notify candidates for teacher certification of this complaint process. Changes to 19 TAC Chapter 228 are not necessary because the current rules as written comply with the change in law.

The proposed rule actions would have additional procedural and reporting implications as follows.

Approval Process

The proposed amendment to 19 TAC §228.10(a) and (b)(1) would modify the components required to be submitted for program approval and renewal.

Program Consolidation or Closure

Proposed new 19 TAC §228.15(a)(1) would require new procedures for EPP closure or consolidation.

Change of Ownership

Proposed new 19 TAC §228.17(b) would require new procedures for notifying the TEA of change in ownership.

Governance of Educator Preparation Programs

The proposed amendment to 19 TAC §228.20(e) and (f) would modify the way EPP program amendments are approved.

Educator Preparation Curriculum

Proposed 19 TAC §228.30(c)(3) would require new curriculum requirements for substance abuse, suicide prevention, the framework for teacher and principal evaluation, and the principal standards.

Preparation Program Coursework and/or Training

Proposed 19 TAC §228.35(a)(4) would require the development and implementation of specific criteria and procedures for crediting military service, training, or education toward training, education, work experience, or related educator certification requirements. If coursework and training is offered online, proposed 19 TAC §228.35(a)(5) would require an EPP to meet or be making progress in meeting criteria set for accreditations, quality assurance, and/or compliance with an approved accrediting organization, certification organization, or the Texas Higher Education Coordinating Board.

For coursework and training required before clinical teaching or an internship, proposed 19 TAC §228.35(b)(2) would increase the number of hours from 80 to 150 and prescribe coursework and training content. Proposed 19 TAC §228.35(e)(2)(A) and (B) would increase full-day clinical teaching assignments from 12 to 14 weeks and increase half-day clinical teaching assignments from 24 to 28 weeks. Proposed 19 TAC §228.35(e)(2)(C)(v) and (6)(C) would identify the way additional internships and practicums can be recommended. Proposed 19 TAC §228.35(e)(2)(C)(vi)(II)-(IV) would modify the way EPPs notify the TEA about resignations, terminations, non-renewals, withdrawals, discharges, and releases. Proposed 19 TAC §228.35(e)(2)(D) would create a new clinical teaching exception approval process. Proposed 19 TAC §228.35(e)(2)(E) would require clinical teaching and/or field-based experiences to include experiences during the start of the school year. Proposed 19 TAC §228.35(e)(7)(D) would modify the data collection from the SBEC to the TEA for applications for school sites outside the United States.

Proposed 19 TAC §228.35(f) would require documentation when an individual who does not meet criteria for mentor, cooperating teacher, or site supervisor is not available. Proposed 19 TAC §228.35(g) and (h) would require pre-observation conferences. Proposed 19 TAC §228.35(g)(2)-(8) would increase the number and prescribe the timing of observations. Proposed 19 TAC §228.35(h)(2) and (3) would require one on-site and face-to-face observation and prescribe the timing of observations for non-teacher candidates.

Assessment and Evaluation of Candidates for Certification and Program Improvement

Proposed 19 TAC §228.40(c) would identify the way candidates can change certification categories. Proposed 19 TAC §228.40(e) would require EPPs to evaluate all components, not just the curriculum. Proposed 19 TAC §228.40(f) would require EPPs to maintain admission and completion records for those who withdraw or are discharged from an EPP.

The proposed rule actions would have additional locally maintained paperwork requirements. Proposed 19 TAC §228.10(b)(1) would require an EPP to establish procedures and practices sufficient to ensure the security of information that is required to be retained as evidence of compliance with existing standards and requirements for EPPs. An EPP would need to secure 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 19 TAC §228.10(b)(1). Proposed 19 TAC §228.40(f) would require an EPP to maintain admission and completion records for those who withdraw from or are discharged from an EPP.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the proposed rule actions are in effect there will be fiscal implications for state and local government as a result of enforcing or administering the proposed rule actions.

The following fiscal implications are based on costs for state government (ESCs and public universities), local government (public community colleges, counties, open-enrollment charter schools, and school districts), persons (individuals), and small businesses and microbusinesses that operate EPPs for fiscal years (FYs) 2017-2021.

The proposed rule actions to 19 TAC Chapter 228 would require EPPs to meet standards for online coursework and increase the level of support provided to EPP candidates. The proposed rule actions would also require EPPs to hire field supervisors who have participated in TEA-approved training.

The TEA estimates the total costs for state government-operated EPPs at $620,600 in FY 2018, $622,800 in FY 2019, $631,000 in FY 2020, and $635,200 in FY 2021. The TEA estimates the total costs for local government-operated EPPs at $237,100 in FY 2018, $239,300 in FY 2019, $251,700 in FY 2020, and $253,900 in FY 2021. The TEA estimates the total costs for individuals at $344,800 in FY 2017 and $34,500 in each year for FYs 2018-2021. The TEA estimates the local employment impact at $2,741,000 in each year for FYs 2018-2021. The TEA estimates the total costs for small businesses and microbusinesses that operate EPPs at $1,616,400 in FY 2018, $1,620,800 in FY 2019, $1,639,300 in FY 2020, and $1,646,700 in FY 2021. For FY 2017, there would be no costs for EPPs or local employment impact because there would be no need to hire additional field supervisors.

The estimated costs for ESC EPPs to meet standards for online coursework is up to $7,300 per EPP over three years' and it is estimated that two ESC EPPs would begin the process of meeting these standards in FYs 2018-2020 and four additional ESC EPPs would begin the process of meeting these standards in FY 2021. If fewer ESC EPPs seek to offer online coursework, the estimated cost will be less. If more ESC EPPs begin the process of meeting standards sooner, the estimated cost would be more. Public university EPPs must already meet standards for online coursework. The estimated cost of increasing the level of support for state government EPPs (ECS and public university) is $150 per additional observation by a field supervisor. The estimated cost for state government EPPs to provide a minimum of five observations for teacher candidates participating in internships under intern certificates is $447,200 in each year for FYs 2018-2021. If more teacher candidates participate in internships under probationary certificates that only require three observations, the estimated cost for state government EPPs will be less. The estimated cost for state government EPPs to provide at least one observation for non-teacher candidates enrolled in state government EPPs that do not require any on-site and face-to-face observations is $169,200 in each year for FYs 2018-2021. For FY 2017, there would be no costs for hiring additional field supervisors and seeking online certification.

The TEA estimates that if ESCs provide the TEA-approved training at the cost of $125 per field supervisor, the estimated increase in revenue is $344,800 in FY 2017 and $34,500 in each year for FYs 2018-2021. If other organizations are approved by the TEA to offer the field supervisor training, this estimated revenue increase for state government will be lower.

The TEA estimates costs for local government EPPs to meet standards for online coursework is up to $7,300 per EPP over three years and it is estimated that two local government EPPs would begin the process of meeting these standards in FYs 2018-2019 and four additional local government EPPs would begin the process of meeting these standards in FYs 2020-2021. If fewer local government EPPs seek to offer online coursework, the estimated cost will be less. If more local government EPPs begin the process of meeting standards sooner, the estimated cost would be more. The estimated cost of increasing the level of support for local government EPPs (school district, charter school, community college, and county) is $150 per additional observation by a field supervisor. The estimated cost for local government EPPs to provide a minimum of five observations for teacher candidates participating in internships under intern certificates is $232,900 in each year for FYs 2018-2021. If more teacher candidates participate in internships under probationary certificates that only require three observations, the estimated cost for local government EPPs will be less. For FY 2017, there would be no costs for hiring additional field supervisors and seeking online certification.

The TEA estimates costs for individuals for trained field supervisors, if the TEA-approved training is provided at the cost of $125 per field supervisor by ESCs, at $344,800 in FY 2017 and $34,500 in each year for FYs 2018-2021. If other organizations are approved by the TEA to offer the field supervisor training, this estimated cost to persons will be higher or lower depending on the cost of the training.

The estimated increase in local employment throughout the state is $150 per additional observation by a field supervisor. The estimated employee increase to provide a minimum of five observations by a field supervisor for teacher candidates and at least one observation by a field supervisor for non-teacher candidates is $2,741,000 in each year for FYs 2018-2021. The estimated employee increase to provide at least one observation for non-teacher candidates enrolled in EPPs that do not require any on-site and face-to-face observations is $169,200 in each year for FYs 2018-2021. These estimates include field supervisors who are hired by state government, local government, small business, microbusiness, private university, and non-profit EPPs. If more teacher candidates participate in internships under probationary certificates that only require three observations, the estimated employee increase will be less. By ESC geographic area, the local employment impact for each year of FYs 2018-2021 would be as follows: $333,000 for Region 1; $106,000 for Region 2; $77,000 for Region 3; $285,000 for Region 4; $89,000 for Region 5; $90,000 for Region 6; $112,000 for Region 7; $73,000 for Region 8; $73,000 for Region 9; $284,000 for Region 10; $258,000 for Region 11; $122,000 for Region 12; $75,000 for Region 13; $79,000 for Region 14; $87,000 for Region 15; $122,000 for Region 16; $75,000 for Region 17; $117,000 for Region 18; $87,000 for Region 19; and $210,000 for Region 20. For FY 2017, there would be no local employment impact because there would be no need to hire additional field supervisors.