The State Board for Educator Certification (SBEC) proposes amendments to §§228.1, 228.2, 228.10, 228.20, 228.30, 228.40, 228.50, and 228.60, and new §228.35, concerning requirements for educator preparation programs. The proposed revisions would update the rules to reflect current law, add minimum standards for all educator preparation programs, while still allowing flexibility, and ensure consistency among the educator preparation programs in the state. The proposed amendments and new section result from the SBEC's rule review conducted in accordance with Texas Government Code, §2001.039.

The SBEC rules in 19 TAC Chapter 228 establish requirements for educator preparation programs. The Texas Education Code (TEC), §21.049, authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional educator preparation programs. The TEC, §21.031, states that the SBEC is established to oversee all aspects of the certification and continuing education of public school educators and to 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.

The proposed revisions to 19 TAC Chapter 228 would update the rules to reflect current law and provide minimum standards with flexibility for all educator program candidates. These proposed revisions reflect discussions held during the November 9, 2007, Educator Preparation Advisory Committee meeting and the January 24-25, 2008, and June 12, 2008, stakeholder meetings. Additional changes also reflect public input received at the March 2008 and May 2008 SBEC meetings.

General Provisions

Language in §228.1 would be amended to update the term "pre-kindergarten" to "early childhood" and delete the references to the "Centers for the Professional Development of Teachers," as they no longer exist. The reference to "alternative routes to certification" would also be deleted, as the rules apply to all educator preparation programs in the state.

Definitions

The proposed amendment to §228.2 would update terms to be used by all programs in the state to ensure effective communication among and with all educators and stakeholders in the state. Specifically, the proposed amendment would specify in new paragraphs (4), (12) and (17) that clinical teaching, internship, or student teaching would occur at a public school accredited by the Texas Education Agency (TEA) or a TEA-recognized private school; specify in proposed new paragraph (9) that field-based experiences must be conducted face-to-face in order to provide interaction with students and faculty; modify paragraph (18) to specify that instruction would occur for the majority of the instructional day instead of at least one class period; and clarify in proposed new paragraph (20) that the state curriculum is for Kindergarten-Grade 12.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §228.2 has been modified to specify in proposed new paragraph (13) that "a late hire" would refer to an individual who has been accepted into an educator preparation program and hired for a teaching assignment by a school after June 15 or after the school's academic year has begun to allow the individual time to complete the 30 clock-hours of field-based experiences while school is still in session.

Approval Process

The proposed changes to §228.10 would clarify in new subsection (a) that public university programs must have an approved degree plan from the Texas Higher Education Coordinating Board prior to applying to be an approved educator preparation program. Language would be added in subsection (b) to specify the program components to be incorporated into a proposal. Subsection (c) would be modified to delete the reference to the Texas State Partnership since it is a voluntary national accreditation process with standards that are not the same as the state. In addition, language would be added to specify that an entity approved by the SBEC before September 1, 2008, would be required to submit a status report and be reviewed at least once every five years, and that an entity approved after August 31, 2008, would be approved only for a term of 10 years and must reapply every 10 years thereafter. Proposed new subsection (d) would incorporate into rule the process for alternative certification programs to add a clinical teaching component. Language in subsection (e) would be amended to specify the requirements for adding additional certification fields and new classes of certificates. Proposed new subsection (f) would be added to require SBEC approval for new program locations. Also, current subsection (e) would be repealed since this provision is incorporated in proposed changes to §228.10.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §228.10 has been modified to allow in subsection (e)(1) that an "accredited" educator preparation program may submit a modified curriculum matrix for adding a certification field when the SBEC changes the grade level of a certificate if the educator preparation program was previously approved by the SBEC for the certification field of a similar grade level.

Governance of Educator Preparation Programs

Language in §228.20 would be amended in subsection (a) to allow an educator preparation program to be delivered by identified providers. Language in subsection (b) would be amended to specify a minimum requirement of at least two advisory meetings during the academic year to promote collaboration with the school districts that the educator preparation programs serve. In proposed new subsections (d) and (e), language would be added to ensure communication, clarity, and intent of programs.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §228.20 has been modified to add the word "or" in subsection (b) for clarification, and also provide in subsection (b) that the advisory committee must include members representing as many as possible of the groups identified as collaborators in that subsection.

Educator Preparation Curriculum

The proposed amendment to §228.30 would include reorganizing provisions in current subsections (a), (b), and (c) to other sections for clarification. Also, proposed new subsection (b) would be added to specify that the curriculum listed refers to programs for candidates seeking initial certification, and add language to provide specificity to the rule to ensure more consistency among the programs in the state.

Preparation Program Coursework and/or Training

Proposed new §228.35 would establish minimum preparation program coursework and/or training requirements. Language is proposed in new subsection (a) that would clarify coursework and/or training requirements for initial teacher certification and specify that all educator preparation programs in the state require a minimum of 300 clock-hours of training. Language in proposed new subsection (b) would be added to set out the coursework and/or training requirements for professional certification. In proposed new subsection (c), language would be added to allow for greater flexibility by permitting the required training to be done within a reasonable time in order to allow the district to hire a candidate on short notice, and language would be added to clarify that "late hire" refers to a candidate for a teaching position. Proposed new subsection (d) would set out the different types of field experiences that may be available through a program and establish the expectations for each type of experience. Proposed new subsection (e) would add the requirement that each new educator preparation program candidate be assigned a campus mentor and the requirement that a program provide training for the mentor. In proposed new subsection (f), language would be added to provide specificity for program supervision with minimum formal observations each semester to ensure support and instructional feedback.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in proposed new §228.35 has been modified in proposed new subsection (a)(5) to specify 50 clock-hours of training may be provided by a school district; to add in proposed new subsection (c)the phrase, "within 90 school days," for clarification; and to clarify in proposed new subsection (d)(2)(C)(i)(III) that authorized internships or teaching experiences completed through Head Start programs must be affiliated with a public school. Language has also been modified in proposed new subsection (f) to specify that two formal observations must be completed during the first semester and one formal observation must be completed during the second semester since a campus administrator also conducts at least one observation.

Assessment and Evaluation of Candidates for Certification and Program Improvement

The proposed amendment to §228.40 would update terminology and specify that programs shall not grant test approval until after a candidate has been fully accepted into the program. Also, current subsections (c) and (e) would be removed since these provisions are included in other SBEC rules. In addition, language has been added in proposed new subsection (d) to specify a five-year record retention requirement for documents that evidence a candidate's completion of all program requirements.

Implementation Date

Language in §228.60 would be amended to specify that all educator preparation programs must implement the changes for all candidates entering into student teaching, clinical teaching, an internship, or practicum for the 2009-2010 school year.

In response to public comment received on the amendment to 19 TAC §232.5, Temporary Teacher Certificates, language has been added to §228.60 that would specify that provisions in 19 TAC Chapter 228, Requirements for Educator Preparation Programs, shall apply to §232.5, upon the effective date of the rule actions adopted in Chapter 228.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §228.60 has been modified to specify in proposed new subsection (b) that 380 clock-hours of training would be required as included in the amendment to §232.5, Temporary Teacher Certificates.

Technical Changes

Throughout Chapter 228, numerous grammatical and technical changes are proposed, such as the term "Board" would be replaced by the term "State Board for Educator Certification." Also, statutory citation references would be updated and standardized to reflect current law and Texas Register formatting requirements. Sections would also be restructured for consistency and readability.

Regarding procedural and reporting implications for the proposed rule actions, educator preparation programs would be responsible for tracking the educator preparation program requirements for each educator preparation program candidate. The proposed rule actions would include an additional locally maintained paperwork requirement. Specifically, the proposed amendment to §228.40 would require in new subsection (d) that an educator preparation program retain documents relating to a candidate's completion of all program requirements for a period of five years after program completion.

Dr. Karen Loonam, deputy associate commissioner for educator certification and standards, has determined that for the first five-year period the proposed amendments and new section are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rule actions.

Dr. Loonam has determined that for the first five-year period the proposed amendments and new section are in effect the public benefit anticipated as a result of the proposed rule actions would be the development of clear, minimum educator preparation program requirements that would ensure educators are prepared to positively impact the performance of the diverse student population of this state. There is no anticipated economic cost to persons who are required to comply with the proposed amendments and new section.

The proposed amendments and new section may have an unknown economic cost for some educator preparation programs as a result of enforcing or administering the proposed rule actions. Educator preparation programs that are not already meeting the proposed new minimum preparation standards may have additional costs, such as an increase in staffing for supervision of program candidates and costs related to additional training hour requirements. The majority of educator preparation programs already meet the proposed new minimum standards and would have no additional economic costs as a result of the proposed rule actions.

There may be an anticipated economic impact for small businesses and microbusinesses that serve as educator preparation entities with alternative certification programs. It is estimated that the proposed rule actions will affect between 1-100 small businesses and 1-100 microbusinesses (businesses with 20 or fewer employees). The projected economic impact will be for compliance costs, such as an increase in staffing for supervision of program candidates and additional training hour requirements.

Minimizing the economic impact on small businesses and/or microbusinesses is not a viable option since it would cause the health, safety, and environmental and economic welfare of the state to not be protected; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments and new section submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Dr. Karen Loonam, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The amendments and new section are proposed under the TEC, §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.045(a), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under TEC, §21.048(a), and performance based on the appraisal system for beginning teachers adopted by the SBEC; §21.050(a), which specifies that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under TEC, Chapter 28, Subchapter A; and §21.051, which authorizes the SBEC to propose rules providing flexible options for persons for any field experience or internship required for certification.

The proposed amendments and new section implement the TEC, §§21.031(a); 21.044; 21.045(a); 21.050(a); and 21.051.