The State Board for Educator Certification (SBEC) adopts amendments to §§228.2, 228.10, 228.15, 228.20, 228.30, 228.35, and 228.40, concerning requirements for educator preparation programs (EPPs). The amendments are adopted without changes to the proposed text as published in the May 29, 2020 issue of the Texas Register (45 TexReg 3567) and will not be republished. The adopted amendments implement the statutory requirements of House Bill (HB) 18, 86th Texas Legislature, 2019; provide specification for approval of teaching sites that are not Texas Education Agency (TEA)-accredited public schools; provide guidance related to admitting and recommending candidates to programs that are closing or consolidating; provide guidance for internships and clinical teaching in the summer; add language for a dismissal policy for candidates; simplify language relating to the reasons an EPP can stop supporting a candidate in an internship and the corresponding actions that must take place when a candidate leaves an internship; provide clarification for the number of observations for practicums; and provide clarification of and reorder provisions for technical formatting purposes throughout the rules.

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 adopted amendments (1) provide guidance related to admitting candidates to EPPs that are closing or consolidating; (2) add language for a dismissal policy for candidates; (3) include language from HB 18, 86th Texas Legislature, 2019, that allows accredited institutions of higher education (IHEs) to offer a course or component of a course to meet the requirement for mental health, substance abuse, and teen suicide; (4) clarify that the curriculum provided to candidates in both classroom teacher and principal preparation includes the standards adopted by the SBEC; (5) provide simplified rule text for the reasons an EPP can stop supporting a candidate in an internship and the corresponding actions that must take place when a candidate leaves an internship; (6) provide guidance for candidate practicums where a portion of the practicum needs to take place during summer months; (7) add language for out-of-state and out-of-country clinical teaching and practicum experiences; (8) provide reordering and clarification for the number of observations that must total at least 135 minutes; and (9) provide guidance for EPPs on granting test approval for candidates where the standards and/or test has changed or five or more years have passed since the candidate was enrolled in the EPP. The following is a description of the adopted amendments.

§228.2. Definitions.

The adopted amendment in new §228.2(5) defines campus supervisor as a school administrator or designee responsible for the annual performance appraisal of an intern. This definition is necessary to ensure clarification of the role of a campus.

The adopted amendment in §228.2(5) is renumbered to paragraph (6) for technical formatting purposes.

The adopted amendment in new §228.2(7) defines candidate coach in §228.33(b)(1)-(3) as one who participates in a minimum of four observation/feedback coaching cycles provided by program supervisors, completes a TEA-approved observation training or has completed a minimum of 150 hours of observation/feedback training, and has current certification in the class in which supervision is provided. This definition is necessary to ensure clarification of the role of a candidate coach as it relates to an intensive pre-service preparation program.

The adopted amendment in §228.2(6)-(33) renumbers the provisions to paragraphs (8)-(35) for technical formatting purposes.

§228.10. Approval Process.

Adopted new §228.10(g) provides clarification to EPPs on how to add replacement certificates to their certification offerings due to the addition of the science of teaching reading requirement codified in HB 3, 86th Texas Legislature, 2019. EPPs interested in these replacement certificates are required to submit an attestation letter by December 1, 2020, that the EPP's curriculum will be updated by January 1, 2021, to prepare candidates for the replacement certificates that reflect the new science of teaching reading requirement. This allows EPPs that are offering existing certificates to continue offering them in their new form without having to reapply and pay the application fee. EPPs that do not request authorization to issue replacement certificates by the deadline will have to apply as prescribed in §228.10 and candidates pursuing the current certificates who are in these programs and have not completed all program requirements by January 1, 2021, will be required to seek approval in an EPP that has requested the replacement certificates. The following table depicts the current and replacement certificates.

Attached Graphic

§228.15. Program Consolidation or Closure.

Adopted new §228.15(3) requires that an EPP that is closing not admit candidates or recommend candidates for intern or probationary certificates within one year of the August 31 closure date, allowing candidates the necessary one-year minimum to complete program requirements and an internship.

Adopted new §228.15(5) includes payment of the Accountability System for Educator Preparation Program (ASEP) technology fee as part of the required actions by a program that is closing or consolidating to ensure that EPPs do not use consolidation or closure as a means to evade paying the required fee.

Adopted new §228.15(e) prescribes that TEA staff will recommend the revocation of an EPP's continuing approval for violation of any of the required actions when closing or consolidating. This ensures that EPPs focus on supporting currently enrolled candidates while going through the closure process rather than enrolling and admitting new candidates who will not be able to complete the program by the time of closure or consolidation.

The adopted amendment in §228.15(a)(3)-(4) renumbers the provisions to paragraphs (4)-(5) for technical formatting purposes.

§228.20. Governance of Educator Preparation Programs.

Adopted new §228.20(h) requires an EPP to have a published exit policy that candidates review and sign upon admission. This provides clarity for the candidates and the program in the event an EPP dismisses a candidate from the program.

§228.30. Educator Preparation Curriculum.

The adopted amendment in §228.30(c)(3) complies with the statutory requirements of HB 18, 86th Texas Legislature, 2019, that allow an accredited IHE or certain alternative certification programs to offer a course or component of a course to meet the mental health, substance abuse, and youth suicide training requirement as part of a degree program.

The adopted amendment in §228.30(d)(4) clarifies that the curriculum EPPs provide to candidates for the classroom teacher class of certifications must include the skills and competencies adopted by the SBEC, which are reflected in Chapter 235, Classroom Teacher Certification Standards. This ensures alignment between EPP curriculum and the SBEC-approved standards for teachers and provides consistency between different rule chapters.

The adopted amendment in §228.30(e) clarifies that the curriculum EPPs provide to candidates for the principal class of certificates include the skills and competencies adopted by the SBEC, which are reflected in Chapter 241, Certification as Principal. This ensures alignment between the EPP curriculum and the SBEC-approved standards for principals.

The adopted amendment in §228.30(f) updates a cross reference for technical formatting purposes.

§228.35. Preparation Program Coursework and/or Training.

The adopted amendment in §228.35(b)(2) clarifies that the 150 clock-hours of coursework and/or training that are required prior to a candidate's clinical teaching or internship reflect the subject-matter curriculum prescribed in §228.30(d)(4) to ensure alignment with the SBEC-adopted classroom teacher standards.

The adopted amendment in §228.35(e)(2)(B)(vi) and (vii) provides simplified rule text with a limited set of reasons that an EPP can stop supporting a candidate during an internship and what must happen if a candidate leaves an internship assignment. The adopted amendment to §228.35(e)(2)(B)(vi)(II)-(IV) provides technical edits to remove duplicative language.

The adopted amendment in §228.35(e)(2)(B)(vii) and (viii) renumbers the provisions to clauses (ix)-(x) for technical formatting purposes.

Adopted new §228.35(e)(8)(B) specifies that a practicum may not take place exclusively during a summer recess. This ensures that candidates for certification in a class other than classroom teacher (i.e., superintendent, principal, reading specialist, school librarian, school counselor, educational diagnostician) receive experience with the standards that include students, faculty, parents, and special committees that occur during the regular academic year.

The adopted amendment in §228.35(e)(8)(D) updates a cross reference for technical formatting purposes.

The adopted amendment in §228.35(e)(9)(C) and (D) provides guidance for candidates who must complete requirements for clinical teaching or a practicum outside of the state of Texas, in subparagraph (C), and outside the United States, in subparagraph (D), as a result of specific circumstances. For clinical teaching or practicum outside of Texas, a candidate may be approved for placement at a specific site based on the military assignment of the candidate or spouse; an illness of the candidate or a family member for whom the candidate is the primary caretaker; the candidate becoming the primary caretaker of a family member residing out of state; or the candidate's or spouse's transfer of employment. This change is necessary to provide flexibility to candidates who undergo major life changes and clarity to TEA staff, candidates, and EPPs. This provides flexibility with an emphasis on Texas-based clinical teaching and practicum experiences.

The adopted amendment in §228.35(h) re-orders paragraphs (1)-(3) to provide clarity regarding the number of minutes required for observations for practicum candidates.

The adopted amendment in §228.35(i)(2) and (3) updates cross references for technical formatting purposes.

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

The adopted amendment in §228.40(d) comes at the request of EPPs and provides guidance for EPPs and candidates in instances where a candidate completed a certification program but did not take the appropriate certification examination in a timely fashion. If the candidate returns to test after the standards and/or certification examination(s) have changed or after five or more years have passed following completion of the program, both the candidate and program would be at a disadvantage in terms of preparation. This revision allows a program to determine examination readiness of the candidate and makes test approval contingent on completing additional coursework and/or training as needed for the candidate to show he or she is prepared to pass the test following time away from the preparation.

SUMMARY OF COMMENTS AND RESPONSES. The public comment period on the proposal began May 29, 2020, and ended June 29, 2020. The SBEC also provided an opportunity for registered oral and written comments at its July 24, 2020 meeting in accordance with the SBEC board operating policies and procedures. No public comments were received on the proposal.

The State Board of Education (SBOE) took no action on the review of amendments to §§228.2, 228.10, 228.15, 228.20, 228.30, 228.35, and 228.40 at the September 11, 2020 SBOE meeting.

STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §21.031, which authorizes the State Board for Educator Certification (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) and (2), which require 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; and specify the classes of educator certificates to be issued, including emergency certificates; TEC, §21.044, as amended by Senate Bills (SBs) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, and House Bill (HB) 18, 86th Texas Legislature, 2019, 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 HB 3349, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to ensure that an 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, §21.045(a), which states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all 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 Texas Education Agency 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, §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC. The commissioner shall determine the satisfactory level of performance required for each certification examination. For the issuance of a generalist certificate, the commissioner shall require a satisfactory level of examination performance in each core subject covered by the examination; 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 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 traditional EPPs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree to possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under the TEC, Chapter 28, Subchapter A; TEC, §21.050(b), which states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate; TEC, §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; TEC, §21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017, which provides a requirement that before a school may employ a certification candidate as a teacher of record, the candidate must have completed at least 15 hours of field-based experience in which the candidate was actively engaged at an approved school in instructional or educational activities under supervision; and Texas Occupations Code, §55.007, which provides that verified military service, training, and education be credited toward licensing requirements.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.031; 21.041(b)(1) and (2); 21.044, as amended by Senate Bills (SBs) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, and House Bill (HB) 18, 86th Texas Legislature, 2019; 21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.045(a); 21.0453; 21.0454; 21.0455; 21.046(b); 21.048(a); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(a)-(c); and 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; and the Texas Occupations Code, §55.007.