The State Board for Educator Certification (SBEC) adopts amendments to §§228.1, 228.2, 228.30, and 228.35, concerning requirements for educator preparation programs. The amendments to §228.1 and §228.30 are adopted without changes to the proposal text as published in the June 22, 2018 issue of the Texas Register (43 TexReg 3963) and will not be republished. The amendments to §228.2 and §228.35 are adopted with changes. The adopted amendments 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 adopted amendments also implement changes based on stakeholder input and the Texas Education Agency (TEA) staff recommendations.

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

The following is a description of the adopted amendments.

§228.1. General Provisions.

A new subsection (d) allows staff 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 allows TEA staff 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) was 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 requires 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) was 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. While this amendment provides flexibility for EPPs in determining the field supervisor, it also ensures that teacher candidates are supervised by a field supervisor who has experience as a classroom teacher. A technical edit, at adoption, updates a relevant cross reference in §228.2(16).

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

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

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

§228.30. Educator Preparation Curriculum.

Section 228.30(c)(3) was amended to clarify curriculum requirements for instruction regarding mental health, substance abuse, and youth suicide. The Texas Education Code (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 clarifies 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.

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

The amendment to §228.30(c)(8) incorporates the requirements of the TEC, §21.044, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. The language requires the curriculum for all certification classes to include instruction in digital learning. The adopted rule requires EPPs 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.

Section 228.30(d)(4) and §228.30(e) were amended 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 reduces the amount of redundancy in the rules.

New §228.30(f) incorporates the requirements of the TEC, §21.0489, as amended by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017. The subsection identifies 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 implements the statutory requirements of the TEC, §21.0489.

§228.35. Preparation Program Coursework and/or Training.

Section 228.35(a)(6) was amended 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 includes the certification options that are provided by the Distance Education Accreditation Commission. This amendment provides EPPs that do not offer all their coursework and training online additional cost-effective options for quality assurance.

The amendment to §228.35(b) incorporates the abbreviated program requirements of the TEC, §21.0442(c), as amended by HB 3349, 85th Texas Legislature, Regular Session, 2017. In response to public comment, the adopted rule requires 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 fewer than the minimum for all other initial classroom teacher certificates because the statute calls for an abbreviated EPP 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.

At proposal, the provisions in §228.35(c) would have allowed an abbreviated route to certification for Marketing: Grades 6-12 and Health Science: Grades 6-12. But in reviewing the proposed amendment to the rule at its September 13-14, 2018, meeting, members of the State Board of Education (SBOE) stated that they felt it was inappropriate to lower the coursework and training requirements for Marketing: Grades 6-12 and Health Science: Grades 6-12 because these certificate areas were not expressly included in HB 3349, 85th Texas Legislature, Regular Session, 2017, and required fewer prerequisite years of work experience. The SBOE voted to reject the proposed amendments to 19 TAC Chapter 228. Therefore, at its October 2018 meeting, and in response to public comments, the SBEC struck those provisions in §228.35 regarding Marketing: Grades 6-12 and Health Science: Grades 6-12 and adopted language that creates an abbreviated route to certification only for the Trade and Industrial Workforce Training certification class. Remaining subsections were re-lettered at adoption.

The amendment to §228.35(e)(1)(C) incorporates the requirements of the TEC, §21.051(b1), as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. The amended rule allows 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 is 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 implements the provisions of the TEC, §21.051(b-1), and provides consistency among EPPs.

Language was amended in §228.35(e)(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 (e)(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 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 provide clarity of the expected days required and then allow for an exception due to these circumstances, as reflected in subsection (e)(2)(A)(iv). These amendments still allow flexibility for and consistency among EPPs.

New §228.35(e)(2)(A)(ii) was added 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 includes intermissions and recesses but not conference periods and duty-free lunch periods. This amendment allows more assignments to qualify as full-day clinical teaching assignments and provides more consistency between clinical teaching and internship assignments.

New §228.35(e)(2)(A)(iii) was added to specify criteria for a successful clinical teaching assignment. A successful assignment includes the candidate demonstrating 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 must be provided to the candidate for review by all parties. This provides clarification of the recommendation to all parties and provides consistency among the requirements for all certificates.

New §228.35(e)(2)(A)(iv) permits 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 10 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 provides flexibility for candidates and EPPs to complete clinical teaching experiences. In response to public comment, the SBEC approved, at adoption, to add bereavement to the list of grounds permitting fewer than the minimum number of days of the teaching assignment.

Language was amended in §228.35(e)(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 due to maternity leave, military leave, illness, or bereavement. In response to public comment, the SBEC approved, at adoption, to add bereavement to the list of grounds permitting an internship to be fewer than the minimum days. This amendment ensures that candidates are only eligible for the shortened internship if they are hired after the first day of school.

Language was amended in §228.35(e)(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 was amended in §228.35(e)(2)(B)(iii) to include intermissions and recesses into the average of four hours a day an individual must teach during 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 also clarifies that conference periods and duty-free lunch periods do not count toward internship hours. This amendment allows more assignments to qualify as internships. A technical edit, at adoption, updates a relevant cross reference in §228.35(e)(2)(B)(iii)(III).

Amended language in §228.35(e)(2)(B)(vi)(II)-(IV) provides 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 increases 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 increases from one business day to seven calendar days. This amendment provides candidates and EPPs with more flexibility in providing required notices. Technical edits update relevant cross references.

New §228.35(e)(2)(B)(vi)(V) adds notification requirements for EPPs when an internship assignment does not meet requirements. An EPP will need to provide a candidate with notice within seven calendar days of when the EPP knows that an internship assignment does not meet requirements. The notice informs the candidate that the employer will be notified, and the intern or probationary certificate will be inactivated within 30 calendar days. Within one business day of notifying the candidate, an EPP will need to provide similar notice to the employer. Within one business day of notifying the employer, the EPP will need to provide similar notice to TEA staff. This amendment provides 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 TEA staff to prevent a candidate from continuing in an inappropriate assignment.

New §228.35(e)(2)(B)(vii) adds language that was stricken from §228.2(21) describing 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 will be required to provide the documentation supporting that recommendation to the candidate for review by all parties. This provides clarification of the recommendation to all parties and provides consistency among the requirements for all certificates.

New §228.35(e)(2)(B)(viii) adds language that incorporates the provisions of the TEC, §21.0491(c)(2), as amended by HB 3349, 85th Texas Legislature, Regular Session, 2017. The adopted language authorizes 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 implements the statutory requirements of the TEC, §21.0491(c)(2), and provides consistency among EPPs.

The amendment to §228.35(e)(3) adds requirements for the review, approval, and revocation of clinical teaching exception requests. The review and approval requirements reflect the procedures that TEA staff and the SBEC currently use for requests that have already been approved. The added revocation requirements address how approval of an exception is revoked if an EPP does not meet the conditions of the exception that was approved by the SBEC. This amendment clarifies the process by which clinical teaching exception requests are reviewed, approved, and revoked. This amendment is necessary because the current rules do not provide for a clear process for revoking a clinical teaching exception for a program that does not meet the conditions of the exception. The September 15 deadline tracks the deadline for programs to report data.

The amendment to §228.35(e)(4) adds language clarifying that "candidates" as used in this subsection refers to candidates participating in an internship or clinical teaching assignment. This amendment provides consistency among clinical teaching and internship assignments.

Language was amended in §228.35(e)(8)(D) regarding practicum experiences to specify that if either the field supervisor or site supervisor do not recommend the candidate for a standard certificate, the documentation supporting that recommendation will be provided to the candidate for review by all parties. This will provide clarification of the recommendation to all parties and provide consistency among the requirements for all certificates.