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Texas Register Preamble


The State Board for Educator Certification (SBEC) proposes an amendment to §§228.1, 228.2, 228.30, and 228.35, concerning requirements for educator preparation programs. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 7 and 1839 and House Bills (HBs) 2039, 3349, and 1963, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and the Texas Education Agency (TEA) staff recommendations.

The SBEC rules in 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs (EPPs), provide for rules that establish requirements for educator preparation programs.

The following is a description of the proposed amendments.

§228.1. General Provisions.

A proposed new subsection (d) would allow the TEA to extend rule deadlines when rules in this chapter cannot be complied with because of a disaster that results in the governor declaring a state of disaster. This amendment would allow the TEA to extend deadlines in this chapter for up to 90 days to accommodate persons in the disaster areas identified by the governor's declaration.

§228.2. Definitions.

The definition of cooperating teacher in §228.2(12) would be amended to add the phrase, "including training in how to coach and mentor teacher candidates," to the criteria of the cooperating teacher training. This amendment would require cooperating teachers to be trained on how to coach and mentor teacher candidates, so they could adequately guide and support the candidates throughout their clinical teaching experiences.

The definition of field supervisor in §228.2(16) would be amended to clarify that a field supervisor who has certification as a principal and experience as a campus-level administrator may also supervise classroom teacher, master teacher, and reading specialist candidates; and a field supervisor who has certification as a superintendent and experience as a district-level administrator may also supervise principal candidates. This amendment would provide flexibility for EPPs in determining the field supervisor and would support teacher candidates being supervised by a field supervisor who has experience as a classroom teacher. A technical edit is also recommended to update in rule relevant cross references.

The definition of internship in §228.2(21) would be amended to move the criteria for a successful internship into the appropriate preparation program coursework and training in subsection §228.35(f)(2)(B)(vii). This amendment would provide consistency among the requirements for internships, clinical teaching, and practicums.

The definition of mentor in §228.2(23) would be amended to add the phrase, "including training in how to coach and mentor teacher candidates," to the criteria of the site supervisor training. This amendment would require site supervisors to be trained on how to coach and mentor teacher candidates, so they could adequately guide and support the candidates throughout their internship experiences.

The definition of site supervisor in §228.2(30) would be amended to add the phrase, "including training in how to coach and mentor candidates," to the criteria of the site supervisor training. This amendment would require site supervisors to be trained on how to coach and mentor candidates, so they could adequately guide and support the candidates throughout their internship experiences.

§228.30. Educator Preparation Curriculum.

Language would be amended in §228.30(c)(3) to clarify curriculum requirements for instruction regarding mental health, substance abuse, and youth suicide. The TEC, §21.044(c-1), requires EPPs to select training from a list of recommended best practice-based programs and research-based practices. This amendment would clarify that an EPP that acquires training from a provider on the list may use that training on its own if it implements the training as required by the provider.

Language would be amended in §228.30(c)(7) to incorporate the requirements of the TEC, §21.044(g)(6), as amended by SB 7, 85th Texas Legislature, Regular Session, 2017. The language being proposed would require the curriculum for all certification classes to include instruction regarding appropriate relationships, boundaries, and communications between educators and students.

Language would be amended in §228.30(c)(8) to incorporate the requirements of the TEC, §21.044, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. The language being proposed would require the curriculum for all certification classes to include instruction in digital learning. The EPP would need to assess each candidate with a digital literacy evaluation followed by a prescribed digital learning curriculum that must include resources to address any deficiencies identified by the digital literacy evaluation. The instruction must be aligned with the International Society for Technology in Education's (ISTE) standards and provide effective, evidence-based strategies to determine a person's degree of digital literacy. The current ISTE standards for educators and administrators are published on its website at https://www.iste.org/standards.

Language would be amended in §228.30(d)(4) and §228.30(e) to remove the domains of the Teacher and Administrator Standards. Because these domains are identified in Commissioner of Education rules, Chapter 149, Subchapters AA and BB, this amendment would reduce the amount of redundancy in the rules.

Proposed new §228.30(f) would incorporate the requirements of the TEC, §21.0489, as amended by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017. The subsection would identify the standards that an EPP must include in its Early Childhood: Prekindergarten-Grade 3 curriculum for candidates who hold a valid standard, provisional, or one-year classroom teacher certificate that has been issued by the SBEC and allows them to teach all subjects in grades prekindergarten, kindergarten, first, second, or third. The curriculum must include the Child Development provision of the Early Childhood-Grade 3 Content Standards, the Early Childhood-Grade 3 Pedagogy and Professional Responsibilities Standards, and the Science of Teaching Reading Standards. This amendment would implement the statutory requirements of the TEC, §21.0489.

§228.35. Preparation Program Coursework and/or Training.

Language would be amended in §228.35(a)(6) to broaden the options from which EPPs may select to ensure coursework and training that is offered online is of a high quality. This amendment would include the certification options that are provided by the Distance Education Accreditation Commission. This amendment would provide EPPs that do not offer all their coursework and training online additional cost-effective options for quality assurance.

Proposed new §228.35(c) would incorporate the abbreviated program requirements of the TEC, §21.0442(c), as amended by HB 3349, 85th Texas Legislature, Regular Session, 2017. The language being proposed would require an EPP to provide a minimum of 200 clock-hours of coursework and/or training for a candidate seeking initial certification in the classroom teacher certification class in Trade and Industrial Workforce Training. The coursework and/or training requirement is 100 hours less than the minimum for all other initial classroom teacher certificates because the statute calls for an abbreviated educator preparation program for Trade and Industrial Workforce Training and because this certificate is only available to individuals with prior wage-earning experience in an occupation they will be teaching. New subsection (c)(1) would require a candidate to complete the following prior to clinical teaching or internship: a minimum of 30 clock-hours of field-based experience as prescribed in subsection (b)(1) and 80 clock-hours of coursework/training as prescribed in subsection (c)(1)(B). The 30 clock-hours of field-based experience is consistent with the required hours of field-based experience for all certificates and ensures that an individual has a baseline of experience in a classroom prior to assuming a position as the teacher of record. Additionally, the 80 clock-hours of coursework and training provides for basic training in essential topics while upholding the requirement for an abbreviated certificate. New subsection (c)(2) would require a candidate to complete a minimum of 90 additional clock-hours in the curriculum prescribed in §228.30(a)-(d) prior to completion of the program. The 90 additional clock-hours are necessary to ensure adequate training in the topics the TEC, §21.044, requires. The curriculum would include: the Pedagogy and Professional Responsibilities for Trade and Industrial Education (Grades 6-12) educator standards; the Educators' Code of Ethics; instruction in the detection and education of students with dyslexia; instruction regarding mental health, substance abuse, and youth suicide; the importance of setting high expectations for students and building strong classroom management skills; the framework for teacher and principal evaluation; appropriate relationships, boundaries, and communication between educators and students; instruction in digital learning; the relevant Texas Essential Knowledge and Skills; and reading instruction.

This amendment would implement the statutory requirements of the TEC, §21.0442(c), and will provide consistency among EPPs.

Based on stakeholder feedback, the provisions in §228.35(c) would be expanded to include initial certification in the classroom teacher certification class in Marketing: Grades 6-12 and Health Science: Grades 6-12. These certificates are similar to the Trade and Industrial Workforce Training certificate in that they also require experience and preparation in a skill area. This would provide an abbreviated route to certification for these areas. Remaining subsections would be relettered accordingly.

Language would be amended in §228.35(f)(1)(C) to incorporate the requirements of the TEC, §21.051(b-1), as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. The language being proposed would allow a teacher candidate to satisfy up to 15 clock-hours of field-based experience by serving as a long-term substitute. A long-term substitute would be defined as an individual who has been hired by a public or private school accredited or approved by the TEA to work more than 30 consecutive days in an assignment as a classroom teacher. Long-term substitute experience may occur after the candidate's admission to an EPP or during the two years before the date the candidate is admitted to the EPP. The candidate's experience in instructional or educational activities during the long-term substitute experience must be documented by the EPP. This change would implement the provisions of the TEC, §21.051(b-1), and would provide consistency among EPPs.

Language would be amended in §228.35(f)(2)(A)(i)(I) to increase the minimum required days for a 14-week clinical teaching assignment from 65 days to 70 full days, and in subsection (f)(2)(A)(i)(II) to increase the minimum required days for a 28-week clinical teaching assignment from 130 to 140 half days. These changes would reflect the actual number of days and half-days in a five-day week. Current rule allows fewer days to provide flexibility for an exception for maternity leave, military leave, or illness. These changes would provide clarity of the expected days required and then allow for an exception due to these circumstances, as reflected in subsection (f)(2)(A)(iv). These amendments would still allow for flexibility for and consistency among EPPs.

Language would be added as new §228.35(f)(2)(A)(ii) to clarify that a full-day clinical teaching assignment must be an average of four hours per day in the subject and grade level of the certification category being sought. This average would include intermissions and recesses but not conference periods and duty-free lunch periods. This amendment would allow more assignments to qualify as full-day clinical teaching assignments and provide more consistency between clinical teaching and internship assignments.

Language would be added as new §228.35(f)(2)(A)(iii) to specify criteria for a successful clinical teaching assignment. A successful assignment would include that the candidate demonstrates proficiency in each of the educator standards for the assignment. Based on stakeholder feedback, if either the field supervisor or cooperating teacher do not recommend the candidate for a standard certificate, the documentation supporting that recommendation would be provided to the candidate for review by all parties. This would provide clarification of the recommendation to all parties and provide consistency among the requirements for all certificates.

Language would be amended in new §228.35(f)(2)(A)(iv) to permit a full day clinical teaching assignment to be up to five days fewer than the minimum of 70 days and a half day clinical teaching assignment to be up to ten days fewer than the minimum of 140 days. The grounds for permitting fewer than the minimum number of days would be maternity leave, military leave, and illness. This amendment would provide flexibility for candidates and EPPs to complete clinical teaching experiences.

Language would be amended in §228.35(f)(2)(B)(i) to clarify that an internship may be up to 30 school days fewer than the minimum of 180 days if the candidate is hired by the school or district after the first day of school. This amendment would ensure that candidates are only eligible for the shortened internship if they are hired after the first day of school.

Language would be amended in §228.35(f)(2)(B)(ii) to clarify that the beginning date of an internship for the purpose of field supervision would be the first day of instruction with students. Because the requirement for an internship is 180 days, interns may need to participate in professional development before and after the first and last instructional day to meet the requirements of an internship. Because the purpose of field supervision is to provide support to candidates based on observed instructional practices, field supervision does not need to begin until candidates are providing instruction to students.

Language would be amended in §228.35(f)(2)(B)(iii) to include intermissions and recesses into the average of four hours a day an individual must teach for an internship. Intermissions and recesses are included in the statutory definition of school day and the educational activities that beginning teachers are expected to perform during intermissions and recesses are included in the classroom teacher educator standards. This change would also clarify that conference periods and duty-free lunch periods are not included. This amendment would allow more assignments to qualify as internships. A technical edit is also recommended to update in rule relevant cross references.

Language would be amended in §228.35(f)(2)(B)(vi)(II)-(IV) to provide candidates and EPPs with more time to provide the required notices related to inactivation of intern and probationary certificates. The time required for candidates to provide an EPP a notice of resignation, non-renewal, or termination of employment or withdrawal from the EPP would increase from one business day to seven calendar days. The time required for EPPs to provide candidates with a notice of inactivation of intern or probationary certificates due to resignation, non-renewal, or termination of employment or withdrawal from the EPP would increase from one business day to seven calendar days. This amendment would provide candidates and EPPs with more flexibility in providing required notices. Technical edits are also recommended to update in rule relevant cross references.

Language would be amended in new §228.35(f)(2)(B)(vi)(V) to add notification requirements for EPPs when an internship assignment does not meet requirements. An EPP would need to provide a candidate with notice within seven calendar days of knowing that an EPP assignment does not meet requirements. The notice would inform the candidate that the employer would be notified, and the intern or probationary certificate would be inactivated within 30 calendar days. Within one business day of notifying the candidate, an EPP would need to provide similar notice to the employer. Within one business day of notifying the employer, the EPP would need to provide similar notice to the TEA. This amendment would provide consistency among EPPs in providing required notices that result in the inactivation of certificates. This timeline is consistent with other notification requirements related to the inactivation of certificates and is necessary to ensure that programs provide prompt notification to candidates, employers, and the TEA to prevent a candidate from continuing in an inappropriate assignment.

Language would be amended in new §228.35(f)(2)(B)(vii) to move language from §228.2(21) that describes the criteria for a successful internship. Based on stakeholder feedback, if either the field supervisor or campus supervisor do not recommend the candidate for a standard certificate, the EPP would be required to provide the documentation supporting that recommendation to the candidate for review by all parties. This would provide clarification of the recommendation to all parties and provide consistency among the requirements for all certificates.

Language would be amended in new §228.35(f)(2)(B)(viii) to incorporate the provisions of the TEC, §21.0491(c)(2), as amended by HB 3349, 85th Texas Legislature, Regular Session, 2017. The proposed language would authorize a candidate seeking a Trade and Industrial Workforce Training certificate to complete an internship at an accredited institution of higher education if the candidate teaches not less than an average of four hours each day, including intermissions and recesses, in a dual credit career and technical instructional setting. Permitting an internship in this setting allows candidates to fulfill the employment eligibility requirement found in the TEC, §21.0491(c)(2)(B), at an institution of higher education. A dual credit career and technical instructional setting would be defined by Part 1, Chapter 4, Subchapter D of this title (relating to Dual Credit Partnerships Between Secondary Schools and Public Schools). This amendment would implement the statutory requirements of the TEC, §21.0491(c)(2), and will provide consistency among EPPs.

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