The State Board for Educator Certification (SBEC) adopts 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 amendments to §§228.2, 228.10, 228.20, and 228.35 are adopted with changes to the proposed text as published in the August 26, 2016, issue of the Texas Register (41 TexReg 6318). The amendments to §§228.30, 228.40, 228.50, 228.60, and 228.70 and new §228.15 and §228.17 are adopted without changes to the proposed text as published in the August 26, 2016, issue of the Texas Register (41 TexReg 6318) and will not be republished. The SBEC rules in 19 TAC Chapter 228 establish requirements for EPPs to prepare candidates to teach Texas schoolchildren. The adopted 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 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.

REASONED JUSTIFICATION. 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 reflected input received from the SBEC, TEA staff, and TEA staff-convened stakeholder meetings, but also included 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 adopted 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 definition of field supervisor was amended 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 clarifies 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 clarifies 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 clarifies 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 clarifies 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 also clarifies 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 improves the preparation of educators and provides consistency among preparation programs.

The definition of post-baccalaureate program was amended to differentiate it from the definition of alternative certification program. The amendment clarifies that a post-baccalaureate program at an institution of higher education (IHE) provides educator preparation for individuals who are seeking a degree beyond a bachelor's degree along with certification as an educator. The amendment clarifies that an alternative certification program at an IHE provides 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 will be more accurate.

The 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 were added. These additional definitions are necessary to provide clarity to new terms that are being adopted and existing terms.

The definitions of alternative certification program, candidate, clock hours, and educator preparation program were amended to align these definitions with other chapters in the TAC. The definitions of clinical teaching, internship, and practicum were amended to reflect adopted revisions in 19 TAC Chapter 228. The definition of field-based experience was also amended 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), improves the preparation of educators and provides consistency among preparation programs.

The definition of cooperating teacher was amended to define the responsibilities of the cooperating teacher. The responsibilities of the cooperating teacher (those assigned to assist candidates during clinical teaching) will 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 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 definitions of cooperating teacher, mentor, and site supervisor were also amended to require EPPs and school or district administrators to collaboratively select the individuals and requires the individuals to be accomplished educators 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 requires individuals to have at least three years of experience and requires 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 requires a site supervisor to be currently certified in the certification class for the practicum assignment. 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 improves the preparation of educators and provides consistency among preparation programs.

The definition of late hire was amended to reflect more accurately when an individual is 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. Candidates who do not qualify as a late hire will 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 improves the recruiting, admission, and preparation practices of EPPs and the hiring practices of schools and districts.

The definition of professional certification was removed because all of the certification classes, including the classroom teacher class, are considered a part of the education profession. The definition of teacher of record was also removed because of 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 will 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.

In response to public comment, language was amended in 19 TAC §228.2(12), (23), and (30) to allow training for cooperating teachers, mentors, and site supervisors to be completed within three weeks of the cooperating teacher, mentor, or site supervisor being assigned to a candidate participating in clinical teaching, an internship, or a practicum. The previous language in the proposal required training to be completed prior to an assignment. By amending the language in this way, EPPs and school districts have more flexibility in providing the required training to the cooperating teachers, mentors, and site supervisors who have been selected to guide, assist, and support candidates. In response to public comment, language was also amended in 19 TAC §228.2(22) to specify that an individual is considered as a late hire if the individual has not been accepted into an EPP before the 45th day before the first day of instruction and who is hired for a teaching assignment by a school after the 45th day before the first day of instruction. The previous language in the proposal specified the late hire date as July 10. By amending the language in this way, the late hire designation is more consistent and fair.

§228.10, Approval Process

The new entity approval process has been amended 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 update the new entity approval process with the current expectations for EPPs. The updated program approval components will also be used to inform continuing entity approval reviews for existing EPPs.

The new entity approval process has also been amended 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 continuing entity approval process has been amended 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 also includes 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 provides 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 improves the safekeeping of confidential information and information that may be required to be provided as part of a continuing entity approval review.

Since published as proposed, several changes were made to the figure in 19 TAC §228.10(b)(1). Under Component II: Admission, the evidence listed for 19 TAC §227.10(e) was changed from "approved vendor" to "approved entity" so that an approved EPP may evaluate foreign transcripts for out-of-country candidates. This reflects the changes to 19 TAC §227.10(e) that the SBEC adopted effective October 18, 2016. Under Component III: Curriculum, the evidence listed for 19 TAC §228.40(a) was changed to combine the second and third examples into one example to minimize redundant examples of evidence. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for 19 TAC §228.35(g) was changed to move "field supervisor logs" after the first example of evidence, allowing either of the first two examples to be acceptable evidence. This provides more flexibility for programs to demonstrate compliance with this rule. Also under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for 19 TAC §228.35(g) and (h), relating to initial contact by a field supervisor, was amended so that both sets of evidence are the same. This provides consistency for field supervisors who provide support for classroom teacher candidates and field supervisors who provide support for candidates seeking certification in a certification class other than classroom teacher. In addition, under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for adopted 19 TAC §228.35(a)(4) was retained and amended to allow coursework and training for late hire candidates to be provided by their school district or campus. Under Component VIII: Certification Procedures, the evidence listed for 19 TAC §§241.20, 239.20, 239.60, 239.84, and 239.93 was changed from "official service record" to "service record" so that copies of official service records or documents produced by school districts that are similar to official service records can be used as evidence. This provides more flexibility for programs to demonstrate compliance with this rule.

In response to public comment, several changes were made to the figure in 19 TAC §228.10(b)(1). Under Component II: Admission, the evidence listed for 19 TAC §227.10(a)(7) was amended to more clearly describe how an interview or other screening instrument should be evaluated as part of the admission process. The previous language in the proposal would have required an interview or other screening instrument to use a rubric with a cut score to evaluate a candidate. By amending the language to require a cut score or rubric that includes descriptions of levels of performance quality based on a coherent set of criteria, the description of the evidence is clearer and more appropriate. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for adopted 19 TAC §228.35(a)(3) was amended so that attendance policies that require a certain level of attendance for a passing grade can be used to demonstrate that a candidate has completed coursework and training prior to completing an EPP. The previous language in the proposal would have required EPPs to maintain attendance records for each candidate. By amending the language in this way, EPPs have more flexibility to demonstrate compliance with this rule. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for adopted 19 TAC §228.35(b)(1) was amended to clarify that candidate reflections of field-based experiences may be written or videotaped. The previous language in the proposal did not specify how the reflections needed to be demonstrated. This provides more flexibility for programs to demonstrate compliance with this rule. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for adopted 19 TAC §228.35(e)(4) and (5) was amended to clarify that a statement of eligibility will only be required as evidence for a candidate participating in an internship. The previous language in the proposal would have required a statement of eligibility for clinical teaching assignments. By amending the language in this way, EPPs are provided with more clarity to demonstrate compliance with this rule. Under Component IV: Cont'd...