The State Board for Educator Certification (SBEC) proposes amendments to §§228.1, 228.2, 228.10, 228.20, 228.30, 228.35, 228.40, 228.50, and 228.60, concerning educator preparation programs (EPPs). The sections establish requirements for EPPs.

The proposed amendments would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state. The proposed amendments result from the SBEC's rule review of 19 TAC Chapter 228 conducted in accordance with Texas Government Code, §2001.039, and House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which requires the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to EPPs, and Senate Bill (SB) 460, 83rd Texas Legislature, Regular Session, 2013.

The Texas Education Code (TEC), §21.049, authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional EPPs. 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 amendments to 19 TAC Chapter 228 reflect discussions held during stakeholder meetings with EPPs held on January 14, 2014; February 18, 2014; and March 26, 2014, and regional stakeholder meetings held on February 27, 2014; March 3, 2014; and March 4, 2014, with district and regional administrators. Additional changes also reflect input received from the staffs at the TEA and the THECB.

Definitions

Language in §228.2 would be amended to add a definition of post-baccalaureate program based on feedback from preparation programs, add a definition of professional certification for clarity, add a definition of site supervisor to better reflect the realities of a professional certification practicum, and update other words and terms to be used by all programs in the state to ensure effective communication among and with all educators and stakeholders in the state.

The definition of clinical teaching would be amended to allow for 24-week half-day assignments so that candidates in clinical teaching positions could continue with or seek employment. The definition of field supervisor would also be amended to require that field supervisors keep their certification current. In addition, the definition of internship would be amended so that it better captures varied school calendars and internship start dates.

Language in §228.2 would also be updated so definitions in 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, and 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, would be uniform.

Approval Process

Language in §228.10 would be amended to delete subsection (a) because the required submission is both redundant and could be obtained by the TEA. Language would be removed in proposed subsection (b) in response to both stakeholder and Texas Sunset Commission recommendations so that all EPPs would be on a five-year review cycle. Current subsection (d) would be deleted so that alternative certification programs could offer clinical teaching opportunities without having to obtain prior approval from TEA staff. Language in proposed subsection (d) would replace current subsection (f) to allow programs to open additional locations provided they notify the TEA in advance and run those programs in accordance with their practices that were approved by the TEA.

Educator Preparation Curriculum

Language in §228.30 would be amended to replace the majority of the curriculum requirements with the Texas teacher standards so that preparation is aligned with evaluation and professional development. Additionally, language would be added to reflect current law that requires training in the detection of students with mental or emotional disorders, in accordance with the TEC, §21.044(c-1).

Preparation Program Coursework and/or Training

Language in §228.35 would be amended to remove the requirement that programs spend six clock-hours on certification test preparation. The amendment also removes the requirement that the TEA keep a list of approved alternative sites and methods for field-based experiences.

Proposed subsection (g) would also be added to differentiate the components of field observations between initial certification of teachers and professional certification.

Technical Changes

Minor technical edits such as updating cross references would also be made throughout Chapter 228.

The proposed amendments would have no additional procedural or reporting implications. The proposed amendments would have no additional locally maintained paperwork requirements.

Michele Moore, associate commissioner for educator leadership and quality, has determined that for the first five-year period the proposed amendments are in effect there will be no additional fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.

Ms. Moore has determined that for the first five-year period the proposed amendments are in effect the public and student benefit anticipated as a result of the proposed amendment would be the development of clear, minimum EPP requirements that would ensure educators are prepared to positively impact the performance of the diverse student population of this state. There are no additional costs to persons required to comply with the proposed amendments.

In addition, there is no direct adverse economic impact for small businesses and microbusinesses; 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, Rulemaking, 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) 463-5337. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Ms. Michele Moore, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

The amendments are proposed under the Texas Education Code (TEC), §21.031, which states that the State Board for Educator Certification (SBEC) shall 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; §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; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.044, 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; §21.045(a), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs (EPPs) based on the following information that is disaggregated with respect to sex and ethnicity: results of the certification examinations prescribed under the TEC, §21.048(a); performance based on the appraisal system for beginning teachers adopted by the SBEC; achievement, including improvement in achievement, of students taught by beginning teachers for the first three years following certification, to the extent practicable; and compliance with SBEC requirements regarding the frequency, duration, and quality of structural guidance and ongoing support provided by field supervisors to beginning teachers during their first year in the classroom; §21.049(a), which authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional EPPs; §21.050(a), which states 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; §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; and §21.051, 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.

The amendments implement the TEC, §§21.031, 21.041(b)(1) and (2), 21.044, 21.045(a), 21.049(a), 21.050(a) and (c), and 21.051.