The State Board for Educator Certification (SBEC) proposes amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs: §§228.2, Definitions; 228.10, Approval Process; and 228.30, Educator Preparation Curriculum. The proposed amendments would align SBEC's regulation of alternative certification programs and the beginning teachers participating in them with the requirements of the Elementary and Secondary Education Act, Title I, as reauthorized and amended by the No Child Left Behind Act of 2001 (NCLB Act) (Public Law 107-110). The amendments to chapter 228 are proposed in conjunction with amendments to 19 TAC chapter 232, relating to types and classes of certificates, proposed elsewhere in this issue. The amendments to both chapters are based on recommendations made by representatives of alternative and traditional university-based certification programs as well as a teacher's professional organization. SBEC received no adverse testimony when the Board proposed the rules.

To implement the NCLB Act, the United States Department of Education (USDE) has issued new regulations at 34 C.F.R. §200.56 setting standards for alternative route to certification programs that provide beginning teachers to public school programs supported with federal education funds intended to improve academic achievement of the disadvantaged under Title I of the Elementary and Secondary Education Act of 1965. The proposed rules would conform SBEC's regulation of alternative certification programs (ACPs) to federal standards for alternative route to certification programs.

Title I provides the state and districts funds to improve the academic achievement of the disadvantaged. Under NCLB, public schools, including charter schools, must ensure that any teacher hired after the first day of the 2002-2003 school year and who teaches a core academic subject in Title I-supported programs is "highly qualified." By the end of the 2005-2006 school year, all teachers of core academic subjects must be "highly qualified," regardless of whether they are teaching in a program supported with Title I funds or not. USDE Rule specifies the core academic subjects as English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts (fine arts), history, and geography.

The new federal regulations define a "highly qualified" teacher to include those participating in alternative route to certification programs that meet certain standards. The proposed rules would conform SBEC's regulation of alternative certification programs (ACPs) to federal standards and would enable holders of SBEC's probationary certificate, which is issued to ACP participants serving as the teacher of record, to be considered "highly qualified" under the NCLB Act and USDE's implementing regulations.

The amendment adding new paragraph (4) to §228.2, relating to definitions, defines "teaching practicum," which current §228.30 requires certification candidates to complete but does not define. By using the word "supervised" in the definition, the amendment ensures compliance with federal regulation. Proposed new paragraph (5) to §228.2 defines "alternative certification program" to be the same type of educator preparation program the federal regulation refers to as "alternative route to certification program." Proposed new paragraph (6) to §228.2 provides a definition for "teacher of record" to be consistent with customary usage of the term in the education community and to distinguish the role of a probationary certificate holder participating in an ACP from that of a candidate doing student teaching as part of a traditional university-based preparation program or assuming a limited teaching role as part of another type of internship.

The proposed amendment to §228.10, relating to the approval process for educator preparation programs, puts ACPs on notice that they are primarily responsible for complying with new federal standards for alternative routes to certification programs and ensuring that their participants meet applicable federal standards for teachers to be "highly qualified."

The proposed amendments to §228.30, relating to the educator preparation curriculum, reflect SBEC's progress toward a standards-based regulatory scheme for preparation programs while ensuring that the manner in which programs achieve standards complies with federal regulations related to "highly qualified" teachers.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that, for the first five-year period the rules are in effect, enforcing or administering the proposed amendments would not have foreseeable implications relating to cost or revenues of state or local governments.

Dan Junell, General Counsel, State Board for Educator Certification, has determined that, for each year of the first five years the rules are in effect, the public benefits by providing a renewable supply of highly qualified teachers prepared by alternative certification programs that comply with federal law, thereby helping ensure Texas continues to receive federal funds for disadvantaged students.

In accordance with Section 2001.022, Government Code, SBEC has determined that the adopted rule will not impact local economies and, therefore, the agency has not filed a request for a local employment impact statement with the Texas Workforce Commission.

Implementation of the proposed rules will not affect small or micro businesses.

If adopted, the proposed rule would be a governmental action regulating issuance of an educator certificate, a statutory privilege, issued by SBEC under Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act (Chapter 2007, Government Code).

Comments regarding the proposed amendments may be submitted to Dan Junell, General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, by facsimile transmission at (512) 238-3201, or by e-mail at "dan.junell@sbec.state.tx.us."

The amendments are proposed under the statutory authority of the following sections of the Education Code: §21.031(a), which vests SBEC with the authority to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; §21.041(b)(1), Education Code, which requires SBEC to propose rules that provide for the regulation of educators and the general administration of Chapter 21, Subchapter B, in a manner consistent with that subchapter; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; §21.042, which requires SBEC to submit proposed rules to the State Board of Education for review prior to adoption; §21.044, which requires SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program; §21.045(a), which requires SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs; §21.049, which requires SBEC to propose rules providing for educator certification programs as an alternative to traditional educator preparation programs; §21.050, which requires SBEC to provide for a minimum number of semester credit hours of internship to be included in the hours needed for certification; and §21.051, which requires SBEC to propose rules providing flexible options for persons for any field experience or internship required for certification. The rules are also proposed under the authority of 20 U.S.C. §7801(23), relating to the definition of "highly qualified teacher," and 34 C.F.R. §200.56, adopted under the authority of §7801(23) and which requires the State to ensure federal standards for alternative routes to certification programs and their participants are met through its certification process.

No other statutes, articles, or codes are affected by the proposed amendments.