The State Board for Educator Certification (SBEC) adopts amendments to 19 Texas Administrative Code (TAC) §§228.2, 228.10, 228.30, and 228.35, concerning requirements for educator preparation programs (EPPS). The amendments are adopted without changes to the proposed text as published in the December 31, 2021 issue of the Texas Register (46 TexReg 9155) and will not be republished. The adopted amendments implement Senate Bills (SBs) 226 and 1590 and House Bills (HBs) 139 and 159, 87th Texas Legislature, Regular Session, 2021. The adopted amendments allow educator preparation programs (EPPs) the flexibility to conduct certain required formal observations virtually; provide for training requirements for all educators with regard to students with disabilities and virtual instruction and virtual learning; and allow service members, spouses, and veterans to get credit toward educator certification requirements for clinical and professional experience.

REASONED JUSTIFICATION: The SBEC rules in 19 TAC Chapter 228, Requirements for Educator Preparation Programs, establish the requirements for EPPs in the preparation of candidates for Texas educator certification. The adopted amendments to Chapter 228 implement SBs 1590 and 226 and HBs 139 and 159, 87th Texas Legislature, Regular Session, 2021. The following is a description of the adopted amendments.

§228.2. Definitions.

The adopted new §228.2(34) implements HB 159, 87th Texas Legislature, Regular Session, 2021, to add students with disabilities for purposes of EPP requirements in preparing candidates for educator certification and to parallel its definition with that of student with a disability in TEC, §21.001(4), as added by HB 159.

A technical edit renumbers §228.2(34) and (35) to §228.2(35) and (36).

§228.10. Approval Process.

The adopted new §228.10(a)(1)(J) implements HB 159, 87th Texas Legislature, Regular Session, 2021, by conditioning EPP approval and renewal of approval on the program, proving that it has met the requirements prescribed in Texas Education Code (TEC), §21.0443(b)(1) and (2), by showing that it has incorporated proactive instructional planning techniques throughout course work and across content areas, and that it has integrated inclusive practices for all students, including students with disabilities. The rule references TEC, §21.0443(b)(1) and (2), to incorporate by reference the statute's specific requirements for instructional planning techniques and inclusive practices.

Figure: 19 TAC §228.10(b)(1)

Under Component II: Admission, the adopted amendment to the figure reflects the current requirement in §227.10(a)(5) that an EPP has informed non-teacher applicants in writing of any certificate issuance deficiencies prior to admission by specifying the evidence that an EPP must provide during a continuing approval review to demonstrate compliance. The adopted amendment also reflects a technical edit to update the figure to match the current §227.10(a)(6)-(9). A technical edit that renumbers the figure to match the renumbering of §228.35(g)(1)-(9) is adopted in these amendments.

Adopted new Component X: Candidate Training and Support on Inclusive Practices for Students with Disabilities in Figure: 19 TAC §228.10(b)(1) implements HB 159, 87th Texas Legislature, Regular Session, 2021, by specifying the evidence that an EPP must provide during a continuing approval review to demonstrate compliance with §228.30(c)(9) and §228.35(e)(2)(A)(iii), (e)(2)(B)(ix), and (e)(8), which set out requirements for EPPs related to candidate training and support on instruction regarding students with disabilities, to the use of proactive instructional planning techniques and to evidence-based inclusive instructional practices.

§228.30. Educator Preparation Curriculum.

The adopted amendment to §228.30(c)(8) implements SB 226, 87th Texas Legislature, Regular Session, 2021, by adding virtual instruction and virtual learning to the list of topics that EPPs must include in their curriculum. The adopted amendment specifically references TEC, §21.001, to clarify that the definitions of virtual instruction, virtual learning, digital literacy, and digital learning are the same in the rule as in the statute.

The adopted new §228.30(c)(9) implements HB 159, 87th Texas Legislature, Regular Session, 2021, by specifying that EPP curriculum must include subject matter related to educating students with disabilities, including the use of proactive instructional planning techniques and evidence-based instructional practices. The rule references TEC, §21.044(a-1), to incorporate by reference the statute's specific requirements for the training an educator candidate must receive regarding teaching students with disabilities, including proactive instructional techniques and evidence-based instructional practices.

Two technical edits that are adopted in §228.30(d)(4) and (e) further define the cross reference to commissioner of education rules in 19 TAC Chapter 149.

§228.35. Preparation Program Coursework and/or Training.

The adopted amendment to §228.35(a)(5)(A) implements HB 139, 87th Texas Legislature, Regular Session, 2021, by adding "clinical and professional experience" training to the list of appropriate credit toward certification requirements that EPPs must develop criteria and procedures to allow. HB 139 allows state licensing agencies to give military service members, spouses, and veterans credit toward certification requirements for clinical and professional experience.

SB 1590, 87th Texas Legislature, Regular Session, 2021, requires the SBEC to propose rules allowing options for candidate observations that require EPPs to provide for no fewer than three in-person observations, or two in-person observations and two virtual observations that are equivalent in rigor to in-person observations. The adopted amendment to §228.35(g) implements SB 1590's requirement that virtual observations be equivalent in rigor to in-person options for formal observations by ensuring that virtual and in-person observations are similar in procedure and documentation. The adopted amendment clarifies that for each formal observation, whether face-to-face or virtual, the field supervisor at the EPP must participate in an individualized pre-observation conference with the candidate; document educational practices observed; provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate; and provide a copy of the written feedback to the candidate's cooperating teacher or mentor.

Adopted new §228.35(g)(2) and adopted amendment to §228.35(g)(1)-(9) implement SB 1590 by providing for flexible options for EPPs to conduct some formal observations virtually for educator candidates. The adopted amendment to §228.35(g)(1) and the adopted addition of new §228.35(g)(2) maintain the current requirements for formal in-person observations and ensure the virtual observations are as rigorous as in-person observations, as required by SB 1590. The adopted amendment includes renumbering paragraphs (2)-(8) to paragraphs (3)-(9) in §228.35(g) to accommodate the addition of adopted new §228.35(g)(2). In addition, the text in renumbered paragraphs (4)(A), (5)(A), (6)(A) and (B), (7)(A), and (9)(A) reflect the same text as in rule but was formatted with underlined text to meet Texas Register requirements.

Adopted amendment to renumbered §228.35(g)(5)-(8), where the rules currently require three in-person observations, allows EPPs to conduct two in-person observations and two virtual observations instead. This implements the provision of SB 1590 that requires the options for candidate observations to provide for at least two observations to occur in person and two additional observations to occur in virtual settings that are equivalent in rigor to in-person observations, or three observations to occur in person.

Adopted amendment to renumbered §228.35(g)(4) and (9) provides that where the rules currently require EPPs to provide four or five in-person formal observations, EPPs could conduct two of those formal observations virtually. The adopted amendment does not increase the total number of required formal observations. The adopted amendment to §228.35(g)(4) and (9) aligns SBEC rules with SB 1590 while still requiring EPPs to provide first-year teacher candidates in the classroom with five formal observations to support them in their teaching positions. The table below reflects the implications of the adopted rule for EPPs conducting formal observations.

Attached Graphic

SUMMARY OF COMMENTS AND RESPONSES. The public comment period on the proposal began December 31, 2021, and ended January 31, 2022. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 11, 2022 meeting in accordance with the SBEC board operating policies and procedures. The following is a summary of the public comments received on the proposal and the responses.

Comment: One individual commented in support of the proposed rule change. The commenter stated that the SBEC should also consider offering clinical and professional experience credit to non-service members.

Response: The SBEC agrees. The Texas Education Agency (TEA) staff will consider this feedback for future rulemaking under the jurisdiction of the SBEC.

Comment: Texas State Teachers Association (TSTA) commented against the proposed rule changes, stating that a virtual observation setting cannot match the rigor of in-person instruction or observation. TSTA stated that in addition to proposed amendments, TSTA believes that each formal virtual observation should also be followed by a post-observation conference within 48 hours of the educational activity and should require submission of student work artifacts to be a component of the post-observation conversation.

Response: The SBEC disagrees. The SBEC's Educator Preparation Advisory Committee (EPAC) received input from committee members on recommendations to the SBEC related to implementation of Senate Bill (SB) 1590, 87th Texas Legislature Regular Session, 2021. The rule text implements the requirements of SB 1590 and incorporates feedback from members of the EPAC to align the rigor of virtual observations with the rigor of in-person observations, including conducting the observation through unedited electronic transmission and the post-observation conference within 72 hours of the observation. The rule aligns requirements for virtual observations with legislative intent and best practice without implementing requirements that are overly burdensome or unnecessary.

Comment: One individual commented neither in support nor against the proposed rule change. The commenter stated that the high school academic day is too long, citing adult professional development, which the individual indicated is usually 50 minutes in length, and other countries that have shorter school days. The commenter stated that the school day should start at 8:20 a.m. and end at 2:30 p.m. The commenter stated that the education system should consider the fundamentals of human growth and development.

Response: The SBEC disagrees. The comment is outside the authority of the SBEC and the scope of the proposed rulemaking.

Comment: One individual commented neither in support nor against the proposed rule change. The commenter stated that 19 TAC Chapter 230, Subchapter B, would help educators use a one-year teacher certificate while working towards a standard teacher certificate to address teacher shortages. The commenter stated that the official language of her country, the Philippines, is English and that her graduation from a university affiliated with the United States and work experience should demonstrate her English proficiency to teach in Texas.

Response: The SBEC disagrees. The comment is outside the scope of the proposed rulemaking. The SBEC took action in December 2021 to amend 19 TAC Chapter 230, Subchapter B, to update the list of countries that permit individuals who have obtained the equivalent of a United States bachelor's or master's degree to be exempt from the Test of English as a Foreign Language internet-based exam to demonstrate English language proficiency. The public comment period for that proposal was October 22, 2021 through November 22, 2021.

The State Board of Education (SBOE) took no action on the review of amendments to §230.111 and §230.113 at the April 8, 2022 SBOE meeting.

STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (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 HB 159 and SB 226, 87th Texas Legislature, Regular Session, 2021, 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), 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, as amended by HB 159, 87th Texas Legislature, Regular Session, 2021, which requires the SBEC to establish rules for the approval and renewal of EPPs, including requiring programs to incorporate proactive instructional planning techniques in their coursework, and to integrate inclusive practices, evidence-based instruction and intervention strategies throughout course work, clinical experience, and student teaching; TEC, §21.045(a), as amended by HB 159, 87th Texas Legislature, Regular Session, 2021, which requires the SBEC to establish standards to govern the approval and continuing accountability of all educator preparation programs; TEC, §21.0453, as amended by HB 159, 87th Texas Legislature, Regular Session, 2021, 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), as amended by HB 159, 87th Texas Legislature, Regular Session, 2021, 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 states the SBEC shall propose rules prescribing the comprehensive examinations for each class of certificate issued by the board; 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), 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 states that a person who applies for a teaching certificate for which board rules require a bachelor's degree must possess a bachelor's degree with an academic major that is related to the curriculum as prescribed under Subchapter A, Chapter 28; 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 HB 159 and SB 1590, 87th Texas Legislature, Regular Session, 2021, 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 involving a diverse student population under supervision, and gives SBEC rulemaking authority to propose rules providing flexible options for field-based experiences or internships required for certification that involve interaction with a diverse student population and options for candidate observations; Texas Occupations Code (TOC), §55.004, as amended and added by HB 139, 87th Texas Legislature, Regular Session, 2021, which requires state agencies to adopt rules for issuance of licensure to members of the military community and provides alternatives to become eligible for licensure; and TOC, §55.007, which provides that verified military service, training, and education be credited toward licensing requirements.

CROSS REFERENCE TO STATUTE. The adopted amendments implement Texas Education Code, §§21.031; 21.041(b)(1) and (2); 21.044, as amended by HB 159 and SB 226, 87th Texas Legislature, Regular Session, 2021; 21.0442(c); 21.0443, as amended by HB 159, 87th Texas Legislature, Regular Session, 2021; 21.045(a), as amended by HB 159, 87th Texas Legislature, Regular Session, 2021; 21.0453, as amended by HB 159, 87th Texas Legislature, Regular Session, 2021; 21.0454; 21.0455; 21.046(b), as amended by HB 159, 87th Texas Legislature, Regular Session, 2021; 21.048(a); 21.0485; 21.0487(c); 21.0489(c); 21.049(a); 21.0491; 21.050(a)-(c); and 21.051, as amended by HB 159 and SB 1590, 87th Texas Legislature, Regular Session, 2021; and the Texas Occupations Code (TOC), §55.004, as amended and added by HB 139, 87th Texas Legislature, Regular Session; and §55.007.