The continuing entity approval process was amended to include the EPP risk model and risk factors in adopted 19 TAC §228.10(b)(3) in accordance with TEC, §21.0454, as added by House Bill (HB) 2205, 84th Texas Legislature, Regular Session, 2015. These risk factors determine the need for discretionary continuous approval reviews and the type of five-year continuous approval reviews.

§228.15, Program Consolidation or Closure

New 19 TAC §228.15 was added to describe the procedures an EPP needs to follow for closure or consolidation. The adopted new rule is based on the procedures that TEA staff is currently using for EPPs that are closing or consolidating. The adopted new rule requires an EPP that is closing or consolidating to submit a letter on official letterhead to TEA staff signed by the legal authority of the EPP that contains a formal statement of consolidation or closing with an effective date of August 31 for consolidation or closure. The adopted new rule requires an EPP to contact candidates currently in the EPP with notification of consolidation or closure and the steps candidates must take in relation to their program status. The adopted new rule requires an EPP to maintain evidence of attempts to notify each candidate and requires an EPP to provide and update a representative's name, electronic mail address, and telephone number that is valid for five years after the EPP's closure to provide access to candidate records and responses to former candidate's questions and/or issues. If an EPP is consolidating, the candidate records transfer to the new EPP. The adopted new rule requires an EPP to complete required SBEC and TEA actions such as required submissions of information, surveys, and other accountability data, removal of security accesses, and reconciliation of certification recommendations. The adopted new rule prevents the chief operating officer, legal authority, or a member of the governing body of an EPP who fails to comply with the consolidation or closure procedures from being eligible to be recommended to the SBEC for approval as an EPP and prevents the chief operating officer, legal authority, or a member of the governing body of an EPP that closes voluntarily due to pending TEA or SBEC action or involuntarily due to SBEC action from being eligible to be recommended to the SBEC for approval as an EPP. The adopted new rule also allows TEA staff to recommend that the SBEC impose sanctions affecting the new EPP's accreditation status if an EPP is consolidating and fails to comply with the consolidation procedures. Adding this section to 19 TAC Chapter 228 provides clear and consistent rules for programs to follow when closing or consolidating and provides support for candidates in programs that are closing or consolidating.

§228.17, Change of Ownership

New 19 TAC §228.17 was added to define a change in ownership of an EPP as any agreement to transfer the control of an EPP. The control of an EPP is considered to have changed: in the case of ownership by an individual, when more than half of the EPP has been sold or transferred; in the case of ownership by a partnership or a corporation, when more than half of the owning partnership or corporation has been sold or transferred; or in the case of ownership by a board of directors, officers, shareholders, or similar governing body, when more than 50% of the ownership has changed.

In order for an EPP with new ownership to continue preparing educators, the new owners of the EPP must notify TEA staff of the ownership change in writing within 10 days of the change in ownership. Adding this section to 19 TAC Chapter 228 provides clear and consistent rules for programs to follow when transferring ownership.

§228.20, Governance of Educator Preparation Programs

The adopted amendment relating to governance of EPPs decreases the minimum number of times an advisory committee must meet each academic year from two to one and clarifies that the EPP must inform each member of the advisory committee of the roles and responsibilities of the committee. The amendment allows EPPs more flexibility in how the advisory committee assists in the design, delivery, evaluation, and major policy decisions of the EPP.

The adopted amendment also clarifies how an EPP may amend its program. To make changes to its program, an EPP will submit notification of a proposed amendment on a letter signed by the EPP's legally authorized agent or representative that explains the amendment, details the rationale for changes, and includes documents relevant to the amendment. If the EPP is rated "accredited" or "accredited-not rated," this notice must be sent to TEA staff 60 days prior to the EPP implementing the changes. If the EPP is not rated "accredited" or "accredited-not rated," this notice must be sent to TEA staff 120 days prior to the EPP implementing the changes, and the changes must be approved by TEA staff. The amendment creates a clear and efficient process for EPPs to amend program components.

This section was also amended to require each EPP to develop and implement a calendar of program activities that must include a deadline for accepting candidates into a program cycle to assure adequate time for admission, coursework, training, and field-based experience requirements prior to a clinical teaching or internship experience. This amendment provides applicants to an EPP with more information as to the expectations for adequate educator preparation.

In response to public comment, language was amended in 19 TAC §228.20(g) to require EPPs to develop and implement a calendar of program activities for candidates who are enrolled after a published admission deadline so that applicants are aware of what is required to be prepared for a clinical teaching or internship assignment. By amending the language in this way, all candidates will be informed of program expectations prior to being admitted to an EPP.

§228.30, Educator Preparation Curriculum

Because the educator preparation curriculum serves as the basis of the coursework and training that fulfills an essential role in preparing educators, 19 TAC §228.30 was amended to improve the preparation of educators and provide consistency among preparation programs. This section was amended to clarify which of the existing curriculum requirements are for all classes of certificates and which requirements are appropriate for a specific class of certificate. The curriculum requirements for the classroom teacher class of certificate was also amended to include the English Language Proficiency Standards and, for certificate fields that include early childhood, the Prekindergarten Guidelines.

Curriculum requirements for all classes of certificates were added to include the information required by the TEC, §21.044, as amended by HB 2012, 83rd Texas Legislature, Regular Session, 2013; and the TEC, §21.0453, as added by HB 2318, 83rd Texas Legislature, Regular Session, 2013. These requirements include the skills that educators are required to possess, the responsibilities that educators are required to accept, and the high expectations for students; the importance of building strong classroom management skills; and the framework for teacher and principal evaluation. Curriculum requirements were added to include mental health, substance abuse, and youth suicide training as required by the TEC, §21.044, as amended by Senate Bill (SB) 674, 84th Texas Legislature, Regular Session, 2015. A curriculum requirement for the principal class of certificate was also added to include the skills and competencies captured in the Texas administrator standards as indicated in 19 TAC §149.2001, Principal Standards. This aligns the principal class requirements with the classroom teacher class requirements that include the skills and competencies captured in the Texas administrator standards as indicated in 19 TAC §149.1001, Teacher Standards.

The TEC, §21.044, as amended by HB 2205, 84th Texas Legislature, Regular Session, 2015, requires all programs that provide training in certification areas that require a bachelor's degree to include training on the instruction of dyslexia. Changes to 19 TAC Chapter 228 are not necessary because the current rules as written comply with the change in law.

§228.35, Preparation Program Coursework and/or Training

Section 228.35 was amended to clarify which of the existing coursework and training requirements are for all classes of certificates and which requirements are appropriate for a specific class of certificate. The coursework and training provisions for all classes were amended to clarify that coursework and training must adequately prepare candidates for educator certification and that coursework and training must be sustained, rigorous, intensive, interactive, candidate focused, and performance based.

Since published as proposed, the provision that allows up to 50 hours of an EPP's coursework and/or training to be provided by a school district or campus was retained as new 19 TAC §228.35(a)(4) and amended to apply to candidates who are considered late hires. The coursework and/or training provided by a school district or campus needs to meet the criteria for staff development that is described in the TEC, §21.451. The coursework and/or training provided by a school district or campus also needs to be directly related to the certificate being sought. Because a late hire candidate must complete pre-internship coursework and training within 90 school days from the beginning of an internship assignment, allowing a portion of these hours to be provided by the school district or campus in which a candidate is employed provides a more reasonable expectation for a candidate who is considered a late hire. For candidates who are not considered late hires, EPPs may require additional hours beyond the minimum requirement of 300 hours and allow school district or campus staff development to count toward these additional hours.

In accordance with the Texas Occupations Code, §55.007, a provision was added that allows an EPP to substitute prior or ongoing service, training, or education for educator certification requirements so that military service members and military veterans may credit verified military service, training, or education toward training, education, work experience, or related requirements for educator certification. The provision for candidates who are not military service members or military veterans was also amended to substitute prior or ongoing service, training, or education if the service, training, or education was provided by an approved EPP or an accredited IHE within the past five years and is directly related to the certification being sought. This amendment provides flexibility to EPPs and candidates while providing consistency among EPPs.

Because many EPPs are already either offering or planning to offer coursework and training online, a requirement was added for EPPs that offer coursework and/or training online to meet standards for online coursework and training. EPPs at public and private universities must already meet Texas Higher Education Coordinating Board (THECB) standards for online coursework and training. Requiring EPPs to meet online accreditation or certification standards improves the preparation of educators participating in online coursework and training and provides consistency among preparation programs offering online coursework and training.

The coursework and training provisions for the classroom teacher class of certificate were amended to clarify that an EPP must provide a minimum of 300 hours of coursework and training. The number of coursework hours required before clinical teaching or an internship was also increased from 80 to 150 hours and the content of these hours includes 10 proficiencies that are based on the performance standards described in 19 TAC §149.1001, Teacher Standards. The coursework and training requires candidates to demonstrate proficiency in areas specified in adopted 19 TAC §228.35(b)(2).

The proposal to increase the hours and provide more specificity of the coursework and training improves the quality of educator preparation for candidates who are hired as a classroom teacher under an internship and candidates who are working directly with students in the capacity of a clinical teacher. The coursework and training requirement will be equivalent to 10 semester credit hours at an accredited IHE. The content of the coursework and training requirement will be similar to the performance standards to be used to inform the training, appraisal, and professional development of all teachers. The proposals are based on the direction provided by SBEC members and input from a variety of stakeholders.

The EPP delivery provisions have been amended to clarify that an EPP must direct a candidate's participation in a field-based experience. The field-based experience provisions have also been amended so that the standards are similar for onsite experiences and those experiences provided by use of electronic transmission or other video or technology-based method. Because field-based experiences fulfill an essential role in preparing educators, clarifying these provisions improves the preparation of educators and provides consistency among preparation programs.

The clinical teaching provisions have been amended to increase the 12-week clinical teaching experience to 14 weeks of at least 65 full days and increasing the 24-week clinical teaching experience to 28 weeks of at least 130 half days. By increasing the minimum standards for the length of clinical teaching, the amendment improves the preparation of educators by providing clinical teachers with more opportunities to develop their knowledge and skills. The clinical teaching provisions have also been amended to require candidates to experience a full range of professional responsibilities that include the first several weeks of the school year through field-based experiences and/or clinical teaching. This amendment allows candidates to observe how critical routines and procedures are established during the first part of the year.

In response to public comment, language was amended in 19 TAC §228.35(e)(2)(F) to clarify that the start of the school year is defined as the first 15 instructional days of the school year. By amending the language in this way, EPPs and schools will have more flexibility with determining when candidates need to observe how critical routines and procedures are established during the first part of the year.

The proposal also provides language that allows the SBEC to approve an EPP request for an exception to the clinical teaching options described in rule. An exception request must include an alternative option that adequately prepares candidates for educator certification and ensures the educator is effective in the classroom. An exception request must include the rationale and support for the alternative option, a full description and methodology of the alternative option, a description of the controls to maintain the delivery of equivalent and quality support for clinical teaching, and a description of the ongoing monitoring and evaluation process to ensure EPP objectives are met. By allowing an exception to the existing clinical teaching options, an innovative program can be allowed to pursue flexible and creative designs to accommodate the unique characteristics and needs of different regions of the state as well as the diverse population of potential educators.

The internship provisions have been amended to clarify that a candidate must hold an intern or probationary certificate while participating in an internship and must meet the requirements and conditions, including the subject matter knowledge requirement, to be eligible for an intern or probationary certificate. The clarification addresses the adopted changes in 19 TAC Chapter 230 regarding the creation of an intern certificate.

In response to public comment, language was amended in 19 TAC §228.35(e)(2)(C)(ii) to clarify that the beginning date of an internship is the first day of instruction with students. By amending the language in this way, when an internship begins will be clearer so that the appropriate support can be provided by the mentor and field supervisor.

The internship provisions were amended to allow for an additional internship assignment of less than a full day under conditions specified in adopted 19 TAC §228.35(e)(2)(C)(iii). This amendment provides more flexibility for EPPs to meet the needs of schools and districts.

The internship provisions have also been amended to clarify that an EPP may recommend an additional internship year if the EPP certifies that the first internship was not successful, the EPP has developed a plan to address any deficiencies identified by the candidate and the candidate's field supervisor, and the EPP implements the plan during the additional internship. An EPP may also recommend an additional internship year if the EPP certifies that the first internship was successful and that the candidate is making satisfactory progress toward completing the EPP before the end of the additional internship. The amendment also defines an internship as successful when the field supervisor and supervising campus administrator recommend to the EPP that the candidate should be recommended for a standard certificate. The amendment provides clear and consistent rules for programs to follow regarding recommending additional internships for candidates.

The internship provisions have also been amended to clarify that an EPP must provide ongoing support to a candidate for the full term of the initial or additional internship, unless, prior to the expiration of that term a standard certificate is issued to the candidate during an additional internship; the candidate resigns, is non-renewed, or is terminated from the school assignment; or the candidate withdraws, is discharged, or is released from the EPP.