The State Board for Educator Certification (SBEC) adopts 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 amendments to §§228.1, 228.40, 228.50, and 228.60 are adopted without changes to the proposed text as published in the June 6, 2014, issue of the Texas Register (39 TexReg 4351) and will not be republished. The amendments to §§228.2, 228.10, 228.20, 228.30, and 228.35 are adopted with changes to the proposed text as published in the June 6, 2014, issue of the Texas Register (39 TexReg 4351). The sections establish requirements for EPPs.

The adopted amendments 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 adopted 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 adopted 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 was 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 and standardize words and terms applicable to programs in the state to ensure effective communication among and with all educators and stakeholders in the state.

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

Language in §228.2 was also updated so definitions in 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, will be uniform.

Since published as proposed, 19 TAC §228.2(7) and (16) was amended for clarity to add the phrase "that must be" to the definition of educator preparation program and add the phrase "that is" to the definition of post-baccalaureate program, respectively.

Approval Process

Language in §228.10 was amended to delete subsection (a) because the required submission is both redundant and could be obtained by the TEA. Language was removed in adopted subsection (b) in response to both stakeholder and Texas Sunset Commission recommendations so that all EPPs would be on a five-year review cycle. Language in adopted subsection (d) replaces 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.

In response to public comment, language in current §228.10(d) that would remove the clinical teaching approval process was amended to be retained as subsection (c) and the remaining subsections were re-lettered accordingly.

Governance of Educator Preparation Programs

Since published as proposed, 19 TAC §228.20(e) was amended to correct punctuation, change "shall" to "must" and add "be" for consistency in word usage, and add the phrase "to become effective" for clarity.

Educator Preparation Curriculum

Language in §228.30 was 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 was 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).

In response to public comment, language in §228.30(b)(5) was amended to include reference to TEC, §21.044(c-2).

Preparation Program Coursework and/or Training

Language in §228.35 was 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.

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

Since published as proposed, 19 TAC §228.35(d)(2) was amended to correct punctuation and add the phrase "at least" for clarity.

In response to public comment, language in §228.35(g)(2) that would require a minimum of 45 minutes of observation time by the field supervisor for a professional certification candidate to be on-site and face-to-face was deleted and the remaining paragraphs were renumbered accordingly.

Technical Changes

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

Since published as proposed, 19 TAC §228.2(4) and §228.30(b) were amended to correct punctuation.

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

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.

The following comments were received regarding the proposed amendments.

Comment: The associate dean for teacher education for The University of Texas at San Antonio (UTSA) commented that removing the term student teaching throughout 19 TAC Chapter 228 and referring to student teaching in rule under the umbrella term clinical teaching would be confusing for many and would require universities to change their course catalogs.

Board Response: The SBEC disagreed that removing the term student teaching throughout 19 TAC Chapter 228 and referring to student teaching in rule under the umbrella term clinical teaching would be confusing for many and would require universities to change their course catalogs. The removal of the term student teaching from 19 TAC Chapter 228 is necessary to avoid confusion that may arise from using two terms defined the same way in rule. The definition of clinical teaching refers to student teaching as being interchangeable with clinical teaching. The proposed amendments to 19 TAC Chapter 228 do not preclude any entity from continuing to use the term student teaching as it is defined in current rule on transcripts, in course catalogs, or when corresponding with education entities.

Comment: The associate dean for teacher education for UTSA commented that the requirement for field-based experience taking place in an "authentic school setting in a public school accredited by the TEA" should not be removed from 19 TAC §228.2(9).

Board Response: The SBEC provides the following clarification. The requirement that field-based experience take place in an authentic school setting in a public school accredited by the TEA would be moved to 19 TAC §228.35(d)(1).

Comment: The associate dean for teacher education for UTSA commented that the word "interactive" should not be removed from 19 TAC §228.2(9).

Board Response: The SBEC disagreed. Field-based experience can be interactive only at the discretion of the teacher hosting the candidate, and the candidate may or may not be properly prepared to interact with students at the time of the field-based experience. All of the requirements of field-based experience can be achieved without the experience being interactive.

Comment: The University of Texas at Austin (UT) commented that the proposed amendment to the definition of field-based experience in 19 TAC §228.2(9) should be expanded to include "under supervision."

Board Response: The SBEC provides the following clarification. The change to the definition of field-based experiences in 19 TAC §228.2(9) would be a technical change, and the requirements associated with field-based experience would be moved to 19 TAC §228.35(d)(1). In that section, the phrase "under supervision" remains a part of the requirements for field-based experience.

Comment: A representative of Career in Education commented that the approval process for the addition of a clinical teaching component for alternative certification programs, captured in current 19 TAC §228.10(d), should remain in rule so that educator preparation programs (EPPs) without clinical teaching components have a clear process for receiving approval for adding clinical teaching.

Board Response: The SBEC agreed and took action to reinstate the approval process for the addition of a clinical teaching component for alternative certification programs as new subsection (c).

Comment: UT commented that the proposed amendment to 19 TAC §228.30(b)(3) is unclear as to pedagogical content knowledge and is duplicative in listing "knowledge of students and student learning" under subsection (b)(3)(B) and then articulating two specific cases of knowledge of students in subsection (b)(4) and (5).

Board Response: The SBEC disagreed. The proposed amendment to 19 TAC §228.30(b)(3) makes reference to the Texas Teaching Standards found in 19 TAC §149.1001, Teacher Standards. The labels listed in 19 TAC §228.30(b)(3) are not the entirety of the standards, and EPPs would need to align their preparation curriculum with the entirety of the standards in 19 TAC §149.1001, not simply the broad labels found in 19 TAC §228.30(b)(3). Within those standards are sections that address content-based pedagogy. Additionally, the specific examples of knowledge of students captured in 19 TAC §228.30(b)(4) and (5) have specific statutory requirements and thus need to be separately listed so that programs reference the appropriate statutes and comply with those statutory requirements.

Comment: Disability Rights Texas commented that proposed 19 TAC §228.30(b)(5) should be amended to include TEC, §21.044(c-2), as that section also captures a program's responsibilities around instruction in the detection of students with mental or emotional disorders.

Board Response: The SBEC agreed and amended 19 TAC §228.30(b)(5) to add the reference to TEC, §21.044(c-2).

Comment: The associate dean for teacher education for UTSA commented that all 30 clock-hours indicated in proposed 19 TAC §228.35(d)(1) should fit the requirements articulated in 19 TAC §228.35(d)(1)(A) - (E) because this would better prepare candidates for clinical teaching.

Board Response: The SBEC provides the following clarification. The 15 clock-hours requirement of field-based experience that meets the conditions articulated in 19 TAC §228.35(d)(1)(A) - (E) matches the statutory requirement for field-based experience in the TEC, §21.051(b).

Comment: Nine individuals, including seven from Lamar University, commented that the proposed amendment that adds 19 TAC §228.35(g) should go further in allowing EPPs the flexibility to conduct all field supervision observations virtually because conducting on-site visits would unduly burden rural candidates by limiting access to programs and would increase program costs substantially, which would limit accessibility for candidates. In addition, the commenters stated that empirical evidence does not exist that clearly indicates that on-site observations are more effective than virtual observations.

Board Response: The SBEC determined that additional research and stakeholder input regarding this issue should be obtained and took action to delete from the rule adoption proposed 19 TAC §228.35(g)(2).

Comment: The president of iteachTexas requested clarification of the implementation date and questioned whether the implementation date would be the same as the proposed effective date for the proposed revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates.

Board Response: The SBEC provides the following clarification. The proposed amendments to 19 TAC Chapter 228 would be effective October 26, 2014, 20 days after filing as adopted with the Texas Register.

The State Board of Education (SBOE) took no action on the review of the proposed amendments to 19 TAC Chapter 228 at the September 19, 2014, SBOE meeting.

The amendments are adopted 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.