The State Board for Educator Certification (SBEC) proposes amendments to §§228.2, 228.35, and 228.40, the repeal of §228.17, and new sections, §228.17 and §228.33, concerning requirements for educator preparation programs. The proposed revisions would establish requirements for intensive pre-service, for educator preparation program (EPP) name changes, and for a candidate seeking certification in two categories to have clinical teaching in both.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs, establish the requirements for EPPs. The proposed revisions would add intensive pre-service training to the types of training that EPPs can provide, including a definition for and the requirements of the intensive pre-service training, as well as the implementation date to support the option of intensive pre-service.

The proposed revisions would address a need to provide guidance in rule for instances where EPPs desire a name change following a change in ownership and would also require a candidate who has a second certification category to have clinical teaching in both certification categories. Current rules do not address these issues.

Some of the changes would correspond to amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, which are also published in the Proposed Rules section of the issue, and would also correspond to proposed amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Programs, which were presented for discussion in a separate item in the 2019 April agenda.

The following is a description of the proposed revisions.

§228.2. Definitions.

The proposed amendment in §228.2(7) would add the phrase, "may contain one or more certification categories," and delete the phrase, "also known as a certification field," from the definition of certification class to clarify that a class of certificate may contain one or more categories within a certification. For example, the certificate classes include superintendent, principal, classroom teacher, reading specialist, master teacher, school librarian, school counselor, and educational diagnostician, as specified in 19 TAC §230.33. As indicated in 19 TAC Chapter 233, certificates in the classroom teacher class have various categories such as English Language Arts and Reading; Social Studies, Special Education, and Health. This proposed amendment would better distinguish between a class and a category since a category is a subgroup of a class.

The proposed amendment in §228.2(20) would define intensive pre-service as an educator assignment supervised through an EPP that may lead to an intern or probationary certificate and subsequently, the completion of a standard certificate. Intensive pre-service would provide a candidate the opportunity to practice content pedagogy and pedagogy skills in a classroom setting with support before serving in the role as the classroom teacher of record.

§228.17. Change of Ownership and Name Change.

Proposed new §228.17 includes a new subsection title, Change of Ownership and Name Change (currently Change of Ownership ) that encompasses the new rule that would allow EPPs to change their names when they change ownership, but not otherwise. This has surfaced as a need for EPPs in instances where programs change ownership and the new owners desire a different name. The proposed new rule would not allow a program to change its name unless it has both a recent change in ownership that has been reported to Texas Education Agency (TEA) staff within 10 days of the change, and a current accreditation status of "Accredited" or "Accredited-Not Rated" in order to preserve the integrity of the accreditation system and prevent programs from confusing the public with frequent name changes. To enforce this and ensure EPP compliance, the proposed new rule would allow for TEA staff to recommend an accreditation status of "Not Accredited-Probation" immediately when a program fails to inform TEA staff regarding its name change. Further, under 19 TAC §229.4, Determination of Accreditation Status, an EPP's accreditation can be revoked after it has been on "Not Accredited-Probation" status for one year. Current §228.17 would be proposed for repeal as a result of proposed new §228.17.

§228.33. Intensive Pre-Service.

Pre-service experience is important to student success, and the proposed new rule would provide a way to encourage the benefit of student teaching to alternative certification program and post-baccalaureate candidates. The proposed new rule would allow a candidate with an intern certificate or a probationary certificate to move into a role as teacher of record, having passed the subject-matter only examination and successfully completing the intensive pre-service. A candidate would not need to take the content pedagogy examination for issuance of the intern certificate.

The proposed new rule would also encourage EPPs to offer this pre-service training and bring the benefit of student teaching to alternative certification programs and post-baccalaureate candidates. The proposed new rule would not mandate that EPPs offer intensive pre-service; it would be an option for programs to apply to use this route. A candidate taking this route would still be held to the same high bar of testing after issuance of their intern certificate and would be encouraged to take the performance assessment to pair practice-based preparation with a practice-based assessment. The requirement for issuance of a standard certificate would include the completion and eventual passing score on a performance assessment (as defined in Figure: 19 TAC §230.21(e)).

Proposed new §228.33(a) would establish the programmatic requirements of intensive pre-service prior to issuance of an intern certificate, including a consecutive four-week minimum intensive program; a minimum of 12 instructional days with one hour of supervised instruction per day; a minimum of four face-to-face observation/feedback coaching sessions provided by a qualified coach that include observations of at least 15 minutes and coaching meetings that area minimum of 30 minutes; and that a candidate coach shall have a current certification in the class in which supervision is provided.

Proposed new §228.33(b) would specify the requirements a candidate coach must have in order to offer the observation and feedback sessions described in proposed new §228.33(a).

Proposed new §228.33(c) would specify the eligibility criteria for a candidate seeking the intern certificate via intensive pre-service. Proposed subsection (c)(1) would provide a cross reference to the requirements of concurrently proposed new §230.36(f) that further describes requirements for obtaining the intern certificate for intensive pre-service. Section 228.33(c)(3) would provide a cross reference to commissioner of education rule in §150.1002 that governs teacher appraisals and specifies the Texas Teacher Evaluation and Support System (T-TESS) Rubric and would include the dimensions of T-TESS and performance measures that a candidate would need to meet as further criteria for obtaining the intern certificate via intensive pre-service. This would apply to all certification categories except for Special Education EC-12 (candidates would be required to pass the Special Education Supplemental) and bilingual (candidates would be required to pass the Bilingual Target Language Proficiency or related language proficiency exam).

Proposed new §228.33(d) would specify the criteria by which an intensive pre-service candidate could be eligible for a probationary certificate, as indicated in concurrently proposed new §230.37(f).

Proposed new §228.33(e) would set the implementation date of the intensive pre-service training to on or after January 1, 2020.

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§228.35. Preparation Program Coursework and/or Training.

The proposed amendment to §228.35(e)(2)(A) would add language to specify clinical teaching requirements for a candidate seeking initial certification in only one subject area or in more than one subject area that would mirror the same experience an intern teacher has for certification in more than one certification category so that a candidate would have clinical teaching in both certification categories. Under the current rule, a candidate for certification in two categories can complete his or her clinical teaching in just one of the two categories, leaving no practical classroom experience in the other certification category, which allows a candidate to become fully certified in both categories without clinical teaching experience in both categories. In contrast, under the proposed language, candidates would need to have a primary assignment that is not less than an average of four hours each day in the subject area and grade level of certification sought; the EPP would need to be approved to offer preparation in the certification category required for the additional assignment; provide ongoing support for each assignment as prescribed in subsection (g) of this section; provide coursework and training for each assignment to adequately prepare the candidate to be effective in the classroom; and the campus administrator would agree to assign a qualified cooperating teacher appropriate to each assignment. The proposed revisions also include conforming technical edits.

The proposed amendment in §228.35(e)(8)(C) would add a reference to the intern certificate rule in §230.36. The current reference only refers to the probationary certificate.

The proposed amendment in §228.35(g)(7) would add language for an all-level clinical teaching assignment requirement for a candidate seeking certification in an additional area to include an assignment that involves certification in more than one certification category that cannot be taught concurrently during the same period of the school day. This addresses instances where a candidate cannot be observed for both areas during the same observation. For example, science and physical education cannot be observed concurrently and would require separate observations for each area.

§228.40. Assessment and Evaluation of Candidates for Certification and Program Improvement.

The proposed amendment in §228.40(b) would align the certification requirements with changes to the examinations that candidates take for admission to an EPP that distinguish subject-matter-only content certification examinations from pedagogy examinations required for final certification. The proposed amendment would delete the phrase, "unless a candidate passes the appropriate content certification examination(s) as a requirement for admission to an EPP" to clarify that the EPP is responsible for ensuring that each candidate is adequately prepared to pass the appropriate content pedagogy examination(s) required for certification unless that content pedagogy test can be used for admission purposes for the low incident language tests (such as Portuguese, Russian, etc.).

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the proposed new section is in effect, there is no additional fiscal impact on state or local governments and that there are no additional costs to entities required to comply with the proposal because participation in the intensive pre-service route is voluntary and not mandatory under the proposed rules.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.002.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.

GOVERNMENT GROWTH IMPACT: The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create new regulations. Proposed new §228.17 amends the subsection title to Change of Ownership and Name Change to reflect the fact that the amended rule would create a new regulation to allow EPPs to change their names when they change ownership. Proposed new §228.33 would allow a candidate with an intern certificate or probationary certificate to move into a role as teacher of record, having passed the subject-matter only examination and successfully completing the intensive pre-service. A candidate would not need to take the content pedagogy examination for issuance of the intern certificate. Proposed new §228.35(e)(2)(A)(iii) would create a new regulation requiring a candidate seeking certification in two categories to have clinical teaching in both certification categories. The proposed new regulation would prevent a candidate from becoming fully certified in both categories without clinical teaching experience in both categories, as is allowed under current rule.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: The public benefit anticipated as a result of the proposal would be clear guidance for EPPs on requirements for providing preparation to individuals seeking certification as an educator. The proposal would also result in clear requirements for EPPs seeking name changes to ensure public clarity of each entity's name. There is no anticipated cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA staff has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The public comment period on the proposal begins May 31, 2019 and ends July 1, 2019. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. The SBEC will take registered oral and written comments on the proposal at the July 26, 2019 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Mr. Ryan Franklin, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on May 31, 2019.

STATUTORY AUTHORITY. The repeal is proposed under the Texas Education Code (TEC), TEC, §21.031, which authorizes the SBEC to 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; TEC, §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; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; TEC, §21.044, as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, 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; TEC, §21.0442(c), as added by House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to ensure that an educator preparation program EPP requires at least 80 hours of instruction for a candidate seeking a Trade and Industrial Workforce Training certificate; TEC, §21.0443, which requires the SBEC to establish rules for the approval and renewal of EPPs; TEC, §21.0453, which states that the SBEC may propose rules as necessary to ensure that all EPPs provide the SBEC with accurate information; TEC, §21.0454, which requires the SBEC to develop a set of risk factors to assess the overall risk level of each EPP and use the set of risk factors to guide the TEA in conducting monitoring, inspections, and evaluations of EPPs; TEC, §21.0455, which requires the SBEC to propose rules necessary to establish a process for complaints to be directed against an EPP; TEC, §21.046(b), which states that the qualifications for certification as a principal must be sufficiently flexible so that an outstanding teacher may qualify by substituting approved experience and professional training for part of the educational requirements; TEC, §21.0485, which states the issuance requirements for certification to teach students with visual impairments; TEC, §21.0487(c), which states that because an effective principal is essential to school improvement, the SBEC shall ensure that each candidate for certification as a principal is of the highest caliber and that multi-level screening processes, validated comprehensive assessment programs, and flexible internships with successful mentors exist to determine whether a candidate for certification as a principal possesses the essential knowledge, skills, and leadership capabilities necessary for success; TEC, §21.0489(c), as added by Senate Bill (SB) 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, which states the eligibility for an Early Childhood: Prekindergarten-Grade 3 certificate; TEC, §21.049(a), which authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to Cont'd...