Language was amended in §228.35(g)(8) to define the observation requirements for a full-day clinical teaching assignment that exceeds 14 weeks and extends beyond one semester. A field supervisor from an EPP will need to provide at least two formal observations during the first half of the assignment and two formal observations during the second half of the assignment. This change ensures that candidates receive necessary support and feedback throughout the clinical teaching assignment as a means to foster continuous improvement and would provide consistency among EPPs. Technical edits update relevant cross references.

Language was amended in §228.35(h)(2) to incorporate the requirements of the TEC, §21.044(f-1), as amended by SBs 1839 and 1963, 85th Texas Legislature, Regular Session, 2017. The adopted rule removes the requirement that at least one formal observation by a field supervisor be onsite and face-to-face for a candidate seeking a principal, superintendent, school counselor, school librarian, educational diagnostician, reading specialist, or master teacher certificate. This change implements the statutory requirements of the TEC, §21.044(f-1).

Language was amended in §228.35(h)(3) to clarify that a minimum of three observations are required during a practicum, regardless of the type of certificate that is held by a candidate. Because a practicum can be completed while a candidate seeking an advanced certificate is employed under an intern, probationary, or standard certificate, this clarification is needed since the number of observations for a teacher candidate participating in an internship differs according to the type of certificate the candidate holds. This change clarifies the requirements for candidates seeking an advanced certificate.

New §228.35(i) incorporates the requirements of the TEC, §21.0489, as amended by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017. New §228.35(i)(1) identifies the concepts and themes that coursework and/or training must include. These concepts and themes were recommended to TEA staff by experts in the field of early childhood education. New §228.35(i)(2) requires an EPP to provide a minimum of 150 clock-hours of coursework and/or training for candidates seeking an Early Childhood: Prekindergarten-Grade 3 certificate who hold a valid standard, provisional, or one-year classroom teacher certificate that has been issued by the SBEC and allows them to teach all subjects in grades prekindergarten, kindergarten, first, second, or third. Teachers already certified in these areas have already demonstrated their content proficiency based on the passing of their prior content tests. Additionally, their time in the classroom provides the same real-world teaching experience that is the purpose of field-based experiences and clinical teaching. This reduces the number of hours of additional required training for educators currently certified in these areas. New §228.35(i)(3) requires an EPP to provide a candidate who holds any other classroom teacher certificate the same coursework and training that the EPP would provide for a candidate who is seeking an initial certificate in Early Childhood: Prekindergarten-Grade 3. Due to the specialized nature of early childhood, content knowledge, content pedagogy, and pedagogy practices from outside of the early childhood grade-bands cannot be directly applied to this setting. These changes implement the statutory requirements of the TEC, §21.0489, and provide consistency among programs.

New §228.35(j) defines the coursework and/or training requirements for the Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12 certificate. The requirements parallel that which is already being used by the two EPPs actively certifying candidates for the TVI certificate to adequately produce educators.

The TEC, §21.0485, requires an individual to complete coursework in an EPP to be eligible for this certificate. This is the minimum amount of coursework and/or training hours provided by the two programs that actively offer this certificate. The assignment needs to take place in a public school accredited by the TEA or other school approved by the TEA for this purpose. Other schools include private schools accredited by the Texas Private School Accreditation Commission, all Department of Defense Education Activity schools, and schools that meet the approval standards described in 19 TAC §228.35(e)(9)(C) and (D). The TEC, §21.0485, requires an individual to satisfy any other requirements prescribed by the SBEC to be eligible for this certificate. This minimum describes the level of support provided by the two programs that actively offer this certificate and is necessary to ensure sufficient levels of support for the specialized nature of this certificate. This change reflects the requirements of the EPPs that currently offer training for this certificate and also provides consistency among EPPs that may offer the certification in the future.

New §228.35(k) creates provisions for individuals employed as certified educational aides to complete an EPP. New subsection (k)(1) creates a clinical teaching option for candidates who are employed as a certified educational aide to satisfy their clinical teaching assignment requirements through their instructional duties under the supervision of a certified educator. New subsection (k)(1)(A) allows for the assignment requirements of 490 hours to be satisfied through their instructional duties. While the 490-hour requirement is equivalent to the 14-week requirement for other individuals completing clinical teaching, the 490-hour requirement allows an individual more flexibility in completing the assignment while working as a certified educational aide. This change also creates flexibility for school districts and charter schools by allowing them to "grow their own" educational aides into certified teachers and to diversify the pool of new teachers while ensuring sufficient time within the clinical teaching assignment to demonstrate proficiency in each of the educator standards for the assignment.

New §228.35(k)(1)(B) permits an educational aide clinical teaching assignment to be up to 35 hours fewer than the minimum of 490 hours. The grounds for permitting fewer than the minimum number of hours are maternity leave, military leave, and illness. This amendment provides flexibility for candidates and EPPs to complete clinical teaching experiences despite intervening life events.

New §228.35(k)(1)(C) adds criteria for a successful clinical teaching assignment. A successful assignment includes the candidate demonstrating proficiency in each of the educator standards for the assignment. Based on stakeholder feedback, if either the field supervisor or cooperating teacher do not recommend the candidate for a standard certificate, the documentation supporting that recommendation would be provided to the candidate for review by all parties. This provides clarification of the recommendation to all parties and provides consistency among the requirements for all certificates.

New §228.35(k)(2) specifies the coursework and/or training requirements and defines the observation requirements for a 490-hour clinical teaching option for candidates who are employed as a certified educational aide. A field supervisor from an EPP needs to provide at least one formal observation during the first third of the assignment, one formal observation during the second third of the assignment, and one formal observation during the final third of the assignment. This change ensures that candidates receive necessary support and feedback throughout the clinical teaching assignment as a means to foster continuous improvement and provides consistency among EPPs.

Technical edits were also made to 19 TAC Chapter 228 to conform to style and formatting requirements.

SUMMARY OF COMMENTS AND RESPONSES. The public comment period on the proposal began June 22, 2018, and ended July 23, 2018. The SBEC also provided an opportunity for registered oral and written comments at its August 3, 2018, meeting in accordance with the SBEC Board Operating Policies and Procedures (BOPP). At its October 5, 2018, meeting, the SBEC accepted public testimony pursuant to the BOPP; however, no registered comments were taken as the comment period closed. The following is a summary of the public comments received on the proposal and the responses.

Comment: The Alternative Certification for Teachers of San Antonio (ACT SA) commented that the legislative intent of the certificate options was to expand certificate options for candidates seeking certification in trades and industry only, and yet the proposed language in §228.35(c) adds Marketing: Grades 6-12 and Health Science: Grades 6-12. ACT SA commented that the addition of these two certificate areas would go beyond the intent of the new statute, and in doing so, may set a precedent of creating pathways to certification that have not been fully investigated and analyzed by stakeholders. ACT SA commented that proposed language in §228.35(c)(2) would allow for many of the required training hours to be provided by a school district, a campus, an educator preparation program (EPP) or another entity approved by Texas Education Agency (TEA), whereas it is the EPP that should be responsible for all training requirements.

Response: The SBEC agrees that the proposed language in §228.35(c) that would add Marketing and Health Science is outside the scope of the legislation for the Trade and Industrial Workforce Training certification and has stricken proposed §228.35(c) at adoption.

The SBEC agrees that the entity that may offer the required training hours be limited to an EPP. The SBEC has modified §228.35(b) at adoption to state that an EPP shall provide a minimum of 200 clock-hours of coursework and/or training for a candidate seeking a Trade and Industrial Workforce Training certificate.

Comment: The Texas Association of School Administrators (TASA) commented that House Bill (HB) 3349, as passed by the 85th Texas Legislature, creates an abbreviated pathway to industrial workforce training only; however, the proposed amendments would add two unrelated fields--marketing and health science--bypassing the legislative vetting process. TASA commented that changing legislation through SBEC rule would set a dangerous precedent and would involve very subjective versus objective decision-making. For reference, TASA cited two statutory provisions that provided flexibility in hiring decisions for school district administrators that were appropriately vetted through the legislative process: Texas Education Code (TEC) Chapter 12A, Districts of Innovation, and TEC, §21.055, School District Teaching Permit. TASA commented that the proposed amendments could maintain fidelity with statute by striking language in §228.35(c) related to marketing and health science certificate pathways. TASA recommended involving the Career and Technical Association of Texas and its members in future discussions regarding certifications in marketing and health science areas. TASA commented that language in proposed §228.35(c)(2) should be stricken in order to maintain fidelity with statute, to allow for certainty of adequate candidate training, and to not contradict SBEC rules related to the Accountability System for Educator Preparation by offering 90 hours of coursework training.

Response: The SBEC agrees that the proposed language in §228.35(c) that would add Marketing and Health Science is outside the scope of the legislation for the Trade and Industrial Workforce Training certification and has stricken proposed §228.35(c) at adoption.

The SBEC agrees that the entity that may offer the required training hours be limited to an EPP. The SBEC has modified §228.35(b) at adoption to state that an EPP shall provide a minimum of 200 clock-hours of coursework and/or training for a candidate seeking a Trade and Industrial Workforce Training certificate.

Comment: The Association of Texas Professional Educators (ATPE) commented that while SBEC has actively worked to raise standards for educator preparation in recent years, it has four concerns with the proposed amendment to §228.35(c): reducing the candidate required training hours; going beyond the abbreviated program allowances of HB 3349; allowing entities other than approved EPPs to provide the remaining 90 hours of required training; and failing to prevent educators receiving certification under the expedited path from easily seeking additional certifications.

ATPE commented that because the hours required of educators before entering the classroom are critical training hours aimed at ensuring these candidates are prepared to teach and because pedagogy involves critical time spent learning to use teaching strategies based on the theories of learning and an understanding of individual student needs, backgrounds, and interests, candidates seeking the Trade and Industrial Workforce Training certificate should not receive less training in this critical area than what is expected of every other candidate. ATPE commented that the addition of the marketing and health science certificates is inappropriate, and the addition has not been properly vetted. ATPE also commented that because the proposal allows entities other than approved EPPs to provide the remaining 90 hours of training that the provision is once again outside of the bounds of the enacting bill, and SBEC's own standards for holding EPPs accountable would be weakened tremendously by the addition of this language. In addition, ATPE commented the SBEC would not have jurisdiction over these entities or the instruction they offer to candidates. ATPE also commented that it would also limit the ability of the SBEC to share quality information with prospective and current EPP candidates, as the entities and instruction would not be held accountable under the Accountability System for Educator Preparation Programs. ATPE commented that the proposal fails to prevent educators certified and trained under this expedited path from easily seeking additional certifications. The TEC states that the SBEC must "provide for a certified educator to qualify for additional certification to teach at a grade level or in a subject area not covered by the educator's certificate upon satisfactory completion of an examination or other assessment of the educator's qualification." This statute and process, often termed "cert-by-exam," allows certified educators to utilize their initial training and potential experience in the classroom to seek additional certifications by passing the appropriate test. This is done based on the recognition that all initial certifications require the same 300 hours of training, including the critical emphasis on pedagogy discussed earlier. This rule would change that and could result in a large number of students and subjects taught by educators trained under the abbreviated 200-hour structure, which is again not the intent of HB 3349.

ATPE provided suggestions to resolve their respective concerns by striking the following language: "80 clock-hours of" in proposed §228.35(c)(1)(B); "90 clock-hours of" in proposed §228.35(c)(2); and "Marketing: Grades 6-12, or Health Science: Grades 6-12" in proposed §228.35(c).

ATPE also suggested striking the following last two sentences in §228.35(c)(2): "The additional coursework and/or training may be provided by a school district, a campus, an EPP, or another entity that is an approved TEA continuing professional education provider. Appropriate documentation such as certificate of attendance, sign-in sheet, or other written verification must be validated by the candidate's EPP." In addition, ATPE recommended resolving its fourth concern by adding the following language as proposed new §228.35(c)(3): "Candidates prepared and certified under this subsection are not eligible for additional certifications under TEC, §21.056."

Response: The SBEC agrees that the proposed language in §228.35(c) that would add Marketing and Health Science is outside the scope of the legislation for the Trade and Industrial Workforce Training certification and has stricken proposed §228.35(c) at adoption.

As the comment relates to the proposed amendments not preventing educators who receive certification under the expedited path from easily seeking additional certification by examination, the SBEC agrees that the proposed amendments do not preclude certification by examination for these licensees. While this is an issue that should be considered in future rulemaking, these proposed amendments do not provide advance notice of rulemaking regarding this issue sufficient for the public to ascertain whether protection of their interests required them to have requested a hearing and participated therein. It is therefore not an issue that the SBEC can address at this stage in this rulemaking process.

The SBEC agrees that the entity that may offer the required training hours be limited to an EPP. The SBEC has modified §228.35(b) at adoption to state that an EPP shall provide a minimum of 200 clock-hours of coursework and/or training for a candidate seeking a Trade and Industrial Workforce Training certificate.

Comment: The Texas State Teachers Association (TSTA) commented that the proposed amendment to §228.35(c) would undermine the value of the teaching certificate by expediting certification without full realization of the pedagogy; would allow for contradiction to SBEC rules adopted in 2016 that state training be provided by programs rather than other entities; would move beyond the scope of HB 3349; and would allow for teachers with 100 fewer EPP hours to gain additional certificates via the expedited route. TSTA further commented that there are already two options for districts to bypass certification requirements in the adoption of a teaching permit adopted by the legislature in 2015 and the adoption of a District of Innovation plan, allowing a district to exempt itself from teacher certification requirements. TSTA commented that future problems with the proposed amendment to §228.35(c) include moving more workforce training into public schools that already have limited budgets and the ultimate destabilizing of the Texas teacher workforce by moving away from a sustainable teaching force to a transitional one, given new educators leave the profession within five years.

TSTA further commented that the SBEC can maintain a strong stance against attempts to weaken the Texas teaching certificate by restoring the language in §228.35(c) that was presented to the SBEC on March 2, 2018, by removing Marketing: Grades 6-12 and Health Science: Grades 6-12 language and removing provisions for entities other than EPPs to provide training for the Trade and Industrial Workforce Training certificate.

TSTA commented that the proposed language in §228.2(12), (23), and (30) is redundant and unnecessary if the training currently recommended already includes training for the cooperating teacher, mentor, and site supervisor.