The State Board for Educator Certification (SBEC) adopts 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 amendments to §§228.1, 228.30, and 228.50 are adopted without changes to the proposed text as published in the August 22, 2008, issue of the Texas Register (33 TexReg 6696) and will not be republished. The amendments to §§228.2, 228.10, 228.20, 228.40, 228.60, and new §228.35 are adopted with changes to the proposed text published in the August 22, 2008, issue. The adopted amendments and new section 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 adopted 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 Texas Education Agency (TEA) staff presented to the SBEC draft proposed changes to 19 TAC Chapter 228 at the March 2008 meeting and at the May 2008 meeting. The SBEC took action at the July 2008 meeting to approve proposed revisions to 19 TAC Chapter 228 and repeal of 19 TAC §230.191 for filing as proposed with the Texas Register.

Following the public comment period, the SBEC took action in October 2008 to approve for adoption, subject to State Board of Education (SBOE) review, the proposed revisions to 19 TAC Chapter 228 with additional changes to 19 TAC §228.2, Definitions; §228.10, Approval Process; §228.20, Governance, Design, and Delivery of Educator Preparation Programs; §228.40, Assessment and Evaluation of Candidates for Certification and Program Improvement; and §228.60, Implementation Date; and new §228.35, Preparation Program Coursework and/or Training.

The adopted revisions to 19 TAC Chapter 228 update the rules to reflect current law and provide minimum standards with flexibility for all educator program candidates. These adopted 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, May 2008, and July 2008 SBEC meetings.

General Provisions

Language in §228.1 has been 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" has also been deleted, as the rules apply to all educator preparation programs in the state.

Definitions

The adopted amendment to §228.2 updates 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 adopted amendment specifies in new paragraphs (4), (12), and (17) that clinical teaching, internship, or student teaching will occur at a public school accredited by the TEA or a TEA-recognized private school; specifies in adopted new paragraph (9) the guidelines for field-based experiences; modifies paragraph (18) to specify that instruction will occur for the majority of the instructional day instead of at least one class period; and clarifies in adopted 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 was modified to specify in adopted new paragraph (13) that "a late hire" will refer to an individual accepted into an educator preparation program and hired for a teaching assignment by a school to allow the individual time to complete the field-based experience requirement while school is in session.

Since published as proposed, language in adopted new paragraph (9) has been modified further to clarify that not all field-based experiences must be conducted face-to-face. In adopted new paragraph (13), language has been modified further to clarify that "a late hire" will be an individual who has not been accepted into an educator preparation program before June 15 and who is hired for a teaching assignment by a school after June 15 or after the school's academic year has begun.

Approval Process

The adopted changes to §228.10 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 has been added in subsection (b) to specify the program components to be incorporated into a proposal. Subsection (c) has been 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 has been added to specify that an entity approved by the SBEC before September 1, 2008, will 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, will be approved only for a term of 10 years and must reapply every 10 years thereafter. Adopted new subsection (d) incorporates into rule the process for alternative certification programs to add a clinical teaching component. Language in subsection (e) has been amended to specify the requirements for adding additional certification fields and new classes of certificates. Adopted new subsection (f) has been added to require SBEC approval for new program locations. Also, current subsection (e) has been repealed since this provision is incorporated in adopted 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 was 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.

Since published as proposed, language in adopted new subsection (f) has been modified further to clarify the process for educator preparation programs to add additional locations.

Governance of Educator Preparation Programs

Language in §228.20 has been amended in subsection (a) to allow an educator preparation program to be delivered by identified providers. Language in subsection (b) has been 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 adopted new subsections (d) and (e), language has been 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 was 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.

Since published as proposed, language in adopted new subsection (e) has been modified further to clarify the process for educator preparation programs to amend the program.

Educator Preparation Curriculum

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

Preparation Program Coursework and/or Training

Adopted new §228.35 establishes minimum preparation program coursework and/or training requirements. Language in adopted new subsection (a) clarifies coursework and/or training requirements for initial teacher certification and specifies that all educator preparation programs in the state require a minimum of 300 clock-hours of training. Language in adopted new subsection (b) has been added to set out the coursework and/or training requirements for professional certification. In adopted new subsection (c), language has been 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 has been added to clarify that "late hire" refers to a candidate for a teaching position. Adopted new subsection (d) sets out the different types of field experiences that may be available through a program and establishes the expectations for each type of experience. Adopted new subsection (e) adds 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 adopted new subsection (f), language has been 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 adopted new §228.35 was modified to specify in adopted new subsection (a)(5) that 50 clock-hours of training may be provided by a school district; add in adopted new subsection (c) the phrase, "within 90 school days," for clarification; clarify in adopted 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; and specify in adopted new subsection (f) 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.

Since published as proposed, language in adopted new subsections (a)(3)(A), (c), and (d)(1) has been modified further to allow for up to 15 clock-hours of field-based experience to be provided by use of electronic transmission or other video or technology-based method. In adopted new subsection (a)(5), language has been modified further to change Texas Education Agency to TEA since the acronym has been established in subsection (a)(3)(A)(i).

Assessment and Evaluation of Candidates for Certification and Program Improvement

The adopted amendment to §228.40 updates terminology and specifies when programs shall grant test approval. Also, current subsections (c) and (e) have been removed since these provisions are included in other SBEC rules. In addition, language has been added in adopted new subsection (d) to specify a five-year record retention requirement for documents that evidence a candidate's completion of all program requirements.

As a result of the adopted amendment to 19 TAC §227.10(a)(3)(C), the language in §228.40(b) has been modified to clarify that educator preparation programs shall not grant test approval for the pedagogy and professional responsibilities assessment until a candidate is eligible for admission and fully accepted into an educator preparation program.

Implementation Date

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §228.60 was modified to specify in adopted new subsection (b) that 380 clock-hours of training will be required as included in 19 TAC §232.5, Temporary Teacher Certificates.

Since published as proposed, language in §228.60(a) has been modified further to specify that all educator preparation programs must implement the changes for all candidates admitted on or after January 1, 2009.

In response to public comment received on the amendment to 19 TAC §232.5, Temporary Teacher Certificates, language has been added to §228.60, in adopted new subsection (b), that specifies 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.

Technical Changes

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

Minimizing the economic impact on small businesses and/or microbusinesses is not a viable option since doing so will not protect the health, safety, and environmental and economic welfare of the state; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

Following the July 2008 SBEC meeting, the proposed revisions to 19 TAC Chapter 228 were filed with the Texas Register, initiating the official public comment period. The following comments were received regarding the proposed revisions.

Comment: A representative from iteachTexas commented that although they support the concept of field-based experiences, the definition should be revised to delineate the "performance of professional educator activities" and recommended "alternative methods" for meeting the 30-hour requirement.

Board Response: The SBEC agreed and took action to adopt, subject to SBOE review, the rules with changes since published as proposed to clarify field-based experiences. Section 228.2(9) clarifies that field-based experiences do not have to be face-to-face, and new §228.35(a)(3)(A), (c), and (d)(1) provide that, subject to certain conditions, up to 15 clock-hours of the required 30 clock-hours of field-based experiences may be provided by technological simulations of an actual classroom.

Comment: Legal counsel for A+ Texas Teachers (also known as Texas Teachers for Tomorrow) commented that the definition of late hires and the 30-hour field-based experience requirement are both unworkable and proposed that the 30 hours be changed to 15 hours and be allowed to be completed via video recordings, complete with pedagogical interpretation and instruction from program instructors.

Board Response: The SBEC disagreed with changing the 30-hour field-based experience requirement to 15 hours only and took action to adopt, subject to SBOE review, the rules with changes since published as proposed to clarify field-based experiences. The field-based experience requirement is a vital element of an educator preparation program that demonstrates the complexities of teaching. However, flexibility in the method of its delivery can be allowed without affecting the value of the experience. Section 228.2(9) clarifies that field-based experiences do not have to be face-to-face, and new §228.35(a)(3)(A), (c), and (d)(1) provide that, subject to certain conditions, up to 15 clock-hours of the required 30 clock-hours of field-based experiences may be provided by technological simulations of an actual classroom.

Comment: The Austin Community College (ACC) commented that §228.2(9) should be amended to remove the requirement that professional activities include more than observation within a classroom and that interaction must be ongoing and relevant because the requirements are restrictive for all program participants. The ACC expressed concern that the proposed requirement of ongoing interactions will be difficult for all alternative certification candidates to achieve and for school districts to provide placement.

Board Response: The SBEC disagreed and took action to adopt, subject to SBOE review, the rule with changes since published as proposed to clarify the definition of field-based experiences. The field-based experience requirement is a vital element of an educator preparation program that demonstrates the complexities of teaching. Section 228.2(9) clarifies that field-based experiences do not have to be face-to-face, and new §228.35(a)(3)(A), (c), and (d)(1) provide that, subject to certain conditions, up to 15 clock-hours of the required 30 clock-hours of field-based experiences may be provided by technological simulations of an actual classroom.

Comment: Legal counsel for A+ Texas Teachers commented that the requirement in §228.10(c) that programs must seek approval to deviate from their original proposals stifles business innovation and runs contrary to the performance based review that Alternative Certification Programs (ACPs) are subject to. The commenter further stated that fully accredited programs must be grandfathered, otherwise the rule is an impermissible retroactive regulation of past conduct.

Board Response: The SBEC agreed and took action to adopt, subject to SBOE review, the rule with changes since published as proposed to clarify the process for educator preparation programs to add additional locations. Effective oversight by TEA staff is dependent on accurate and up-to-date information regarding program operations. If the program deviates significantly from the original proposal that was approved by the SBEC, then the SBEC has the right to know and reapprove programmatic changes. The SBEC disagreed that the rule will stifle innovation.

Comment: Legal counsel for A+ Texas Teachers commented that the requirement in §228.10(f) and §228.20(d) that new geographic locations must be approved must allow for existing locations to be grandfathered. The commenter further stated that any attempt to require SBEC approval for geographical expansion already undertaken before the rule becomes effective would be an impermissible retroactive regulation of past conduct.

Board Response: The SBEC agreed and took action to adopt, subject to SBOE review, the rule with changes since published as proposed to clarify the process for educator preparation programs to add additional locations. Section 228.10(f) clarifies that geographical expansions from the original proposal existing before January 1, 2009, do not require SBEC approval but must be reported to TEA staff. This applies to §228.20(d) as well.