The State Board for Educator Certification (SBEC) proposes amendments to 19 TAC §§228.2, 228.10, 228.20, 228.30, 228.35, 228.40, 228.50, 228.60, and 228.70 and new 19 TAC §228.15 and §228.17, concerning requirements for educator preparation programs (EPPs). The SBEC rules in 19 TAC Chapter 228 establish requirements for EPPs to prepare candidates to teach Texas schoolchildren. The proposed amendments to 19 TAC §§228.2, 228.10, 228.20, 228.30, 228.35, 228.40, 228.50, 228.60, and 228.70 and new 19 TAC §228.15 and §228.17 would include changes as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at the Texas Education Agency (TEA). Chapter 228 encompasses all the requirements that each EPP must provide to prospective teachers to ensure they are prepared sufficiently.

The Texas Education Code (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 TEC, §21.049, authorizes the SBEC to propose rules providing for educator certification programs as an alternative to traditional EPPs.

At the January 2015 SBEC Work Session, the SBEC members received three presentations on educator quality as it pertains to EPPs in the state of Texas. The Texas Teaching Commission, the Council for the Accreditation of Educator Preparation, and the National Council on Teacher Quality provided state and national perspectives on educator quality in relation to Texas EPPs. SBEC members provided feedback to TEA staff on those presentations. Specifically, as it relates to 19 TAC Chapter 228, the SBEC requested policy options that focus on raising EPP standards, improving teacher preparation programs, and new and improved ways to train better teachers.

TEA staff conducted an SBEC work session on June 9, 2016, to provide the SBEC with a shared understanding of the preparation process, to discuss current issues related to educator preparation and teacher quality, and to capture SBEC's perspective on preparation so that TEA staff could provide the desired support in preparation for possible rule changes. The TEA staff also convened three face-to-face stakeholder meetings in December 2015 and June 2016 to gather input on the proposed revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The proposed rules reflect input received from the SBEC, TEA staff, and TEA staff-convened stakeholder meetings, but also includes additional changes since the draft rule text was shared at the December 2015, April 2016, and June 2016 SBEC meetings. Following is a description of the proposed revisions.

§228.2, Definitions

This section defines key terms that share common meaning across several certification and educator preparation rules within the Texas Administrative Code (TAC). The SBEC's goal is to ensure there is a common understanding of frequently used terms resulting in accurate and effective communication and alignment throughout the state between EPPs, school districts, educators, candidates for certification, and other stakeholders.

The SBEC proposes amending the definition of field supervisor to define more clearly the criteria an EPP must use in hiring a field supervisor. The current definition only requires a field supervisor applicant to hold a current certification to observe candidates, monitor their performance, and provide constructive feedback to improve their effectiveness as educators. The amendment would clarify that a field supervisor must have at least three years of experience as an accomplished educator as shown by student learning. Evidence of student learning includes evaluations that include evidence of student learning, campus or district reports that include evidence of student learning, and/or letters of recommendation that include evidence of student learning. The amendment would clarify that a field supervisor must hold a current certification in the certification class in which supervision is provided. A field supervisor with experience as a principal and who holds a current certificate that is appropriate for a principal assignment may supervise principal, classroom teacher, master teacher, and reading specialist candidates. A field supervisor with experience as a superintendent and who holds a current certificate that is appropriate for a superintendent assignment may supervise superintendent, principal, classroom teacher, master teacher, and reading specialist candidates. If an individual is not currently certified, the amendment would clarify that an individual must hold at least a master's degree in the academic area or field related to the certification class for which supervision is being provided and comply with the same number, content, and type of continuing professional education requirements for the certification class for which supervision is being provided. The amendment would clarify that a field supervisor cannot be employed by the same school where the candidate being supervised is completing his or her clinical teaching, internship, or practicum. The amendment would also clarify that a field supervisor cannot also serve as a candidate's mentor, cooperating teacher, or site supervisor. Because the field supervisor fulfills an essential role in preparing educators, creating and clarifying criteria for the selection of field supervisors would improve the preparation of educators and provide consistency among preparation programs.

The SBEC proposes amending the definition of post-baccalaureate program to differentiate it from the definition of alternative certification program. The amendment would clarify that a post-baccalaureate program at an institution of higher education (IHE) would provide educator preparation for individuals who are seeking a degree beyond a bachelor's degree along with certification as an educator. The amendment would clarify that an alternative certification program at an IHE would provide educator preparation for individuals who are only seeking certification as an educator and not another degree. By amending the definition in this way, consumer information regarding the performance of EPPs would be more accurate.

The SBEC proposes adding definitions of accredited institution of higher education, benchmarks, certification category, certification class, classroom teacher, contingency admission, formal admission, initial certification, intern certificate, probationary certificate, school day, and school year. These additional definitions are necessary to provide clarity to new terms that are being proposed and existing terms.

The SBEC proposes amending the definitions of alternative certification program, candidate, clock hours, and educator preparation program to align these definitions with other chapters in the TAC. The SBEC proposes amending the definitions of clinical teaching, internship, and practicum to reflect possible revisions in 19 TAC Chapter 228. The SBEC also proposes amending the definition of field-based experience to clarify that field-based experiences are a requirement for the classroom teacher class of certificate and that observations of classrooms are the minimum requirement for field-based experiences. Because field-based experiences fulfill an essential role in preparing educators, clarifying the minimum criteria as opposed to "active engagement in instructional activities or educational activities under supervision" that is required by the TEC, §21.051(b), would improve the preparation of educators and provide consistency among preparation programs. The SBEC proposes amending the definitions of cooperating teacher to define the responsibilities of the cooperating teacher. The responsibilities of the cooperating teacher (those assigned to assist candidates during clinical teaching) would be similar to those of a mentor (those assigned to assist candidates during internship) and a site supervisor (those assigned to assist candidates during practicum). The responsibilities would include guiding, assisting, and supporting a candidate during the candidate's clinical teaching in areas such as planning, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies. The SBEC also proposes amending the definitions of cooperating teacher, mentor, and site supervisor to require EPPs and school or district administrators to collaboratively select the individuals and require the individuals to be accomplished educators as shown by student learning. Evidence of student learning would include evaluations that include evidence of student learning, campus or district reports that include evidence of student learning, and/or letters of recommendation that include evidence of student learning. The amendment would require individuals to have at least three years of experience and require an individual serving as a cooperating teacher and mentor to be currently certified in the certification category for the clinical teaching or internship assignment. The amendment would require a site supervisor to be currently certified in the certification class for the practicum assignment. The amendment would also require EPPs to provide training for these individuals prior to their being assigned to clinical teaching, internship, or practicum candidates. Because the cooperating teacher, mentor, and site supervisor fulfill essential roles in preparing educators, creating and clarifying criteria for the selection of individuals for these roles would improve the preparation of educators and provide consistency among preparation programs.

The SBEC proposes amending the definition of late hire to reflect more accurately when an individual would be considered a late hire and to decrease the number of candidates who are serving as a classroom teacher during an internship who have not completed the pre-internship requirements of coursework and field-based experiences. Candidates are currently considered a late hire if they are admitted to an EPP and hired by a school or district after June 15. Late hire candidates are not required to complete the 80 hours of coursework and 30 hours of field-based experiences prior to being hired as a classroom teacher. The SBEC proposes amending the definition to set the late hire date to July 10. This date would be near the 45th day before the first instructional day, which is the date by which educators under a contract with another school or district may resign from their contract without any penalties. Options for field-based experiences in classrooms are limited after this date and the ability of a candidate to complete required pre-internship coursework that is sustained, rigorous, interactive, student-focused, and performance-based between July 10 and the start of school is unlikely. Candidates who do not qualify as a late hire would not be able to be hired as a classroom teacher under an intern or probationary certificate but may be hired by the school or district under an emergency permit, school district teaching permit, or as a substitute teacher. Because coursework and field-based experiences are essential components in preparing educators, changing the late hire date to limit the number of candidates hired as classroom teachers who have not completed the pre-internship requirements of coursework and field-based experiences would improve the recruiting, admission, and preparation practices of EPPs and the hiring practices of schools and districts.

The SBEC proposes removing the definition of professional certification because all of the certification classes, including the classroom teacher class, are considered a part of the education profession. The SBEC also proposes removing the definition of teacher of record because the SBEC proposes the use of the term classroom teacher throughout 19 TAC Chapter 228. Because classroom teacher is a broader term than teacher of record, all candidates seeking a classroom teacher certificate would be prepared to be a teacher of record even though a particular assignment as a classroom teacher may not require an individual to be responsible for evaluating student achievement and assigning grades.

§228.10, Approval Process

The SBEC proposes amending the new entity approval process to include all the requirements of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, and 19 TAC Chapter 230, Professional Educator Preparation and Certification, as well as specific sections of 19 TAC Chapter 228. These amendments would update the new entity approval process with the current expectations for EPPs. The updated program approval components would also be used to inform continuing entity approval reviews for existing EPPs.

The SBEC also proposes amending the new entity approval process to include a post-approval visit. The post-approval process is a current practice that allows TEA staff to confirm that a new EPP is implementing the approved program components.

The SBEC proposes amending the continuing entity approval process to include a figure that describes the evidence an EPP is expected to maintain for a period of five years regarding its compliance with EPP standards and requirements. The amendment would also include a requirement that EPPs ensure the security of information that is being maintained. Creating a figure that describes the evidence an EPP is expected to maintain regarding its compliance with EPP standards and requirements would provide clarity and consistency of what is expected for new program approvals and continuing entity approval reviews. Creating a requirement to ensure the security of information that is being maintained by the EPP would improve the safekeeping of confidential information and information that may be required to be provided as part of a continuing entity approval review.

The SBEC proposes amending the continuing entity approval process to include the EPP risk model and risk factors in accordance with TEC, §21.0454, as added by House Bill (HB) 2205, 84th Texas Legislature, Regular Session, 2015. These risk factors would determine the need for discretionary continuous approval reviews and the type of five-year continuous approval reviews.

§228.15, Program Consolidation or Closure

The SBEC proposes revising 19 TAC Chapter 228 by adding proposed new 19 TAC §228.15 to describe the procedures an EPP would need to follow for closure or consolidation. The proposed new rule is based on the procedures that TEA staff is currently using for EPPs that are closing or consolidating. The proposed new rule would require an EPP that is closing or consolidating to submit a letter on official letterhead to TEA staff signed by the legal authority of the EPP that contains a formal statement of consolidation or closing with an effective date of August 31 for consolidation or closure. The proposed new rule would require an EPP to contact candidates currently in the EPP with notification of consolidation or closure and the steps candidates must take in relation to their program status. The proposed new rule would require an EPP to maintain evidence of attempts to notify each candidate and require an EPP to provide and update a representative's name, electronic mail address, and telephone number that would be valid for five years after the EPP's closure to provide access to candidate records and responses to former candidate's questions and/or issues. If an EPP is consolidating, the candidate records would transfer to the new EPP. The proposed new rule would require an EPP to complete required SBEC and TEA actions such as required submissions of information, surveys, and other accountability data, removal of security accesses, and reconciliation of certification recommendations. The proposed new rule would prevent the chief operating officer, legal authority, or a member of the governing body of an EPP who fails to comply with the consolidation or closure procedures from being eligible to be recommended to the SBEC for approval as an EPP and would prevent the chief operating officer, legal authority, or a member of the governing body of an EPP that closes voluntarily due to pending TEA or SBEC action or involuntarily due to SBEC action from being eligible to be recommended to the SBEC for approval as an EPP. The proposed new rule would also allow TEA staff to recommend that the SBEC impose sanctions affecting the new EPP's accreditation status if an EPP is consolidating and fails to comply with the consolidation procedures. Adding this section to 19 TAC Chapter 228 would provide clear and consistent rules for programs to follow when closing or consolidating and provide support for candidates in programs that are closing or consolidating.

§228.17, Change of Ownership

The SBEC proposes revising 19 TAC Chapter 228 by proposing new 19 TAC §228.17 to define a change in ownership of an EPP as any agreement to transfer the control of an EPP. The control of an EPP is considered to have changed in the case of ownership by an individual, when more than half of the EPP has been sold or transferred; in the case of ownership by a partnership or a corporation, when more than half of the owning partnership or corporation has been sold or transferred; or in the case of ownership by a board of directors, officers, shareholders, or similar governing body, when more than 50% of the ownership has changed.

In order for an EPP with new ownership to continue preparing educators, the new owners of the EPP must notify TEA staff of the ownership change in writing within 10 days of the change in ownership. Adding this section to 19 TAC Chapter 228 would provide clear and consistent rules for programs to follow when transferring ownership.

§228.20, Governance of Educator Preparation Programs

The SBEC proposes amending the governance of EPP section to decrease the minimum number of times an advisory committee must meet each academic year from two to one and clarify that the EPP must inform each member of the advisory committee of the roles and responsibilities of the committee. The amendment would allow EPPs more flexibility in how the advisory committee assists in the design, delivery, evaluation, and major policy decisions of the EPP.