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.

As the comment relates to the addition of requiring an EPP to include training in how to coach and mentor candidates for cooperating teachers, mentors, and site supervisors, the SBEC agrees that the language is implied in the existing rule. However, by including this language, the SBEC is making the requirement explicit and emphasizing the importance of these individuals adequately guiding and supporting the candidates throughout their clinical teaching experiences.

Comment: The Texas Classroom Teachers Association (TCTA) commented that the proposed amendment to §228.35(c), in particular, the extending of the abbreviated program to include Marketing: Grades 6-12 and Health Science: Grades 6-12 due to "stakeholder feedback from the San Antonio area," exceeds the plain language of the enabling legislation and has not been properly vetted through legislation. TCTA commented that 200 hours of training for full certification is insufficient and alarming. TCTA expressed concern that implications of such include candidates for the Workforce Training certificate who may only have a high school diploma and may need more training, rather than less, in order to learn pedagogy to provide quality instruction, as research shows these teachers make better gains with students. TCTA was also concerned that many courses could be taught by teachers prepared under the abbreviated program, as receiving certification in this manner allows these teachers to obtain certifications in areas besides Marketing and Health Science. TCTA recommended that language regarding the proposed expansion of the abbreviated EPP program to Marketing and Health Science be stricken and that the required number of pre-service training hours for the abbreviated EPP be restored to 180 clock-hours, as described in §228.35(b), which is required for all other teacher certification candidates.

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 200 hours of training for full certification is insufficient and alarming, the SBEC disagrees. The legislation requires an abbreviated pathway for the Trade and Industrial Workforce Training certificate, and this certificate is only available to individuals with prior wage-earning experience in an occupation they will be teaching.

As the comment relates to educators receiving certification under the expedited path from easily seeking additional certification, the SBEC agrees. While this is an issue that should be considered in future rulemaking, it is outside the scope of the proposed amendments provided by the notices.

Comment: Texas Woman's University (TWU) commented that the proposed amendments be modified to amend the definition of "field supervisor" in proposed §228.2(16) and to amend language in proposed §228.35(f)(2)(A)(iv), §228.35(f)(2)(B)(i), and §228.30(c)(8)(A)-(C).

TWU commented that the list of persons that can be supervised by a campus-level administrator be changed to add school librarian and school counselor. TWU also commented that language concerning educational diagnosticians be added to read: "Educational diagnostician candidates may only be supervised by a field supervisor who holds a valid Educational Diagnostician certification."

TWU recommended that "bereavement" be added to the list of reasons by which an EPP may permit a clinical teaching assignment to be up to 10 half days fewer than the minimum clinical teaching assignment in proposed §228.35(f)(2)(A)(iv) and to the list of reasons by which an EPP may permit an internship up to 30 school days fewer than the minimum in proposed §228.35(f)(2)(B)(i).

TWU also commented that proposed §228.30(c)(8)(A)-(C) should include an instruction implementation date of at least six months to one year since the prescribed curriculum for the International Society for Technology in Education (ISTE) standards and assessment has not yet been provided.

Response: As the comment relates to amending the proposed definition of "field supervisor" in §228.2(16), the SBEC agrees in part. The SBEC agrees that Educational Diagnostician candidates only be supervised by a field supervisor who holds that certification. The current rule explicitly prescribes that unless otherwise specified, a field supervisor shall have current certification in the class in which supervision is provided. While further clarification is an issue that should be considered in future rulemaking, it is outside the scope of the proposed amendments provided by the notices.

As the comment relates to allowing a campus-level administrator to also supervise school librarian and school counselor candidates, the SBEC agrees that this issue should be considered in future rulemaking. It is outside the scope of the proposed amendments provided by the notices.

The SBEC disagrees that programs should not be expected to implement this rule when it becomes effective because programs have been aware that these requirements were coming since the Texas Legislature enacted SB 1839, creating TEC, §21.044(c-2), on June 12, 2017, more than a year before this amendment becomes effective.

The SBEC agrees that "bereavement" be added to the list of reasons by which an EPP may permit a clinical teaching assignment to be fewer than the minimum required days. The SBEC has adopted §228.35(e)(2)(A)(iv) to include bereavement.

Comment: iTeachTEXAS commented that the addition of Marketing: Grades 6-12 and Health Science: Grades 6-12 to §228.35(c) would go beyond the intent of the new statute underlying the change in rule and would establish a precedent of creating additional expedited pathways to certification without determining the need for teachers in those subjects. iTeachTEXAS conveyed its concern as an EPP with providing an attestation of the 90 clock-hours of previous coursework required under §228.35(c)(2) because the proposed rule suggests that the EPP would validate the quality of training provided by a broad array of entities that are approved to provide continuing professional education by TEA. iTeachTEXAS further commented that a mechanism is not in place to flag teachers who would receive expedited certification once marketing and health science teachers take the TExES Pedagogy and Professional Responsibilities EC-12 (160).

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.

As the comment relates to 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.

Comment: The University of Texas at San Antonio (UTSA), College of Education and Human Development, commented that the proposed amendment to §228.30(c)(8) cannot be implemented as written for several reasons, one being that the ISTE is an inadequate measure by which to determine digital literacy because the ISTE standards have no such measure and make no distinction between proficiency and deficiency. UTSA commented that adequate tools for measuring teacher digital literacy exist and provided two options. UTSA commented that the rule is without an implementation date for the digital literacy measurement tool and recommended a date of September 2020, with September 2019 being the earliest, giving programs at least a year for faculty training and preparation. UTSA commented that TEA does not have resources in place to help programs prepare for this implementation and that since TEA requires programs to pay a $55 fee as specified in §229.9(7), TEA is required to offer resources to programs to help them be successful in implementing digital literacy evaluation instruments. UTSA also commented that the ISTE deliberately contrasts the Interstate Teacher Assessment and Support Consortium Standards, which are used to evaluate teachers.

Response: The SBEC disagrees that it can consider any other digital literacy standards other than ISTE due to the explicit and specific requirement of TEC, §21.044(c-2). Further, the SBEC disagrees that programs should not be expected to implement this rule when it becomes effective because programs should have been aware that these requirements were coming since the Texas Legislature enacted SB 1839, creating TEC, §21.044(c-2), on June 12, 2017, more than a year before this amendment becomes effective. The SBEC agrees that the Texas Legislature did not appropriate additional funds to school districts to implement TEC, §21.044(c-2), but these costs are directly caused by the legislation and not by this rule.

Comment: An individual commented that proposed new §228.35(f)(2)(A) should include language that requires the clinical teaching semester to include clinical teaching in both certification areas, when the candidate has a dual assignment. The individual cited an example whereby a candidate teaches both Physical Education and Life Science: Grades 6-12, with Life Science being the primary teaching assignment, yet the student teaching hours are acquired in Physical Education, making the educator ill-equipped to teach Life Science since student teaching hours and experience were not accrued in Life Science. The individual also inquired whether a candidate can actually spend four hours per day student teaching in two certification fields since the school day is defined as being comprised of seven hours.

Response: The SBEC agrees that the proposed rules do not speak to clinical teaching or internships for dual certification fields. 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.

STATUTORY AUTHORITY. The amendments are adopted under the Texas Education Code (TEC), §21.031, which authorizes the State Board for Educator Certification (SBEC) to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; 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, §21.044, as amended by Senate Bills (SBs) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program; TEC, §21.0442(c), as added by House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to ensure that an educator preparation program (EPP) requires at least 80 hours of instruction for a candidate seeking a Trade and Industrial Workforce Training certificate; TEC, §21.0443, which requires the SBEC to establish rules for the approval and renewal of EPPs; TEC, §21.0453, which states that the SBEC may propose rules as necessary to ensure that all EPPs provide the SBEC with accurate information; TEC, §21.0454, which requires the SBEC to develop a set of risk factors to assess the overall risk level of each EPP and use the set of risk factors to guide the TEA in conducting monitoring, inspections, and evaluations of EPPs; TEC, §21.0455, which requires the SBEC to propose rules necessary to establish a process for complaints to be directed against an EPP; TEC, §21.046(b), which states that the qualifications for certification as a principal must be sufficiently flexible so that an outstanding teacher may qualify by substituting approved experience and professional training for part of the educational requirements; TEC, §21.0485, which states the issuance requirements for certification to teach students with visual impairments; TEC, §21.0487(c), which states that because an effective principal is essential to school improvement, the SBEC shall ensure that each candidate for certification as a principal is of the highest caliber and that multi-level screening processes, validated comprehensive assessment programs, and flexible internships with successful mentors exist to determine whether a candidate for certification as a principal possesses the essential knowledge, skills, and leadership capabilities necessary for success; TEC, §21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, which states the eligibility for an Early Childhood: Prekindergarten-Grade 3 certificate; TEC, §21.049(a), which authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional EPPs; TEC, §21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(b), which states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate; TEC, §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; TEC, §21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017, which provides a requirement that before a school may employ a certification candidate as a teacher of record, the candidate must have completed at least 15 hours of field-based experience in which the candidate was actively engaged at an approved school in instructional or educational activities under supervision; Texas Occupations Code, §55.007, which provides that verified military service, training, and education be credited toward licensing requirements.

The SBOE took no action on the review of the amendments to 19 TAC §§228.1, 228.2, 228.30, and 228.35 at the November 16, 2018, SBOE meeting.

CROSS REFERENCE TO STATUTE. The adopted amendments implement the Texas Education Code, §§21.031; 21.041(b)(1); 21.044, as amended by Senate Bills 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017; 21.0442(c), as added by House Bill 3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.0453; 21.0454; 21.0455; 21.046(b); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(b) and (c); 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; and the Texas Occupations Code, §55.007.