April 2014 Committee on School Initiatives Item 1

Review of Proposed Amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements,
§232.11, Number and Content of Required Continuing Professional Education Hours

April 11, 2014

COMMITTEE ON SCHOOL INITIATIVES:  ACTION
STATE BOARD OF EDUCATION:  ACTION

SUMMARY:
  This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule action that would amend 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours. The proposed amendment would be necessary as a result of House Bill (HB) 642, 83rd Texas Legislature, Regular Session, 2013, and HB 3793, 83rd Texas Legislature, Regular Session, 2013, both of which amended the Texas Education Code (TEC), §21.054. HB 642 requires classroom teachers, principals, and school counselors to earn continuing professional education (CPE) units in specific areas related to collecting and analyzing information, recognizing early warning indicators for dropouts, and educating diverse student populations. HB 3793 allows educators to fulfill up to 12 clock-hours of CPE by participating in a mental health first aid training program. The proposed amendment to 19 TAC §232.11 would establish CPE requirements that conform to HB 642 and HB 3793.

STATUTORY AUTHORITY:  The statutory authority for 19 TAC §232.11 is the TEC, §21.054.

EFFECTIVE DATE:  The proposed effective date of the amendment to 19 TAC §232.11 would be May 18, 2014.

PREVIOUS BOARD ACTION:  None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:  The TEC, §21.054(a), states that the SBEC shall propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.

HB 642 and HB 3793, which amended the TEC, §21.054, require the SBEC to amend 19 TAC §232.11, Number and Content of Required Continuing Professional Education Hours, to align the CPE requirements with new statutory assignment-specific requirements for teachers, principals, and school counselors, in order to make CPE requirements more relevant and useful for teachers, principals, and school counselors. The requirements in subsection (c) would be amended to include CPE requirements related to data analysis, use of technology, working with diverse student populations, dropout prevention, and career planning, as required by HB 642. Proposed subsection (g) would be added to allow an educator to participate in a mental health first aid training program offered by a local mental health authority to fulfill up to 12 clock-hours of required CPE activities, as required by HB 3793.

SBOE Review of Proposed SBEC Rules

Under the TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rule by a vote of at least two-thirds of the members of the SBOE present and voting, but may not modify a rule. The rule takes effect as a rule of the SBEC if the SBOE fails to review the rule contained in this item by April 24, 2014, which is the 90th day after the date the SBOE first received this proposed rule.

FISCAL IMPACT:  The TEA staff has determined that there is no fiscal impact on state and local governments and there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT:  The public and student benefit anticipated as a result of the proposed amendment to 19 TAC §232.11 would be targeted professional development requirements for teachers, principals, and school counselors in the areas of mental health first aid, data-driven decisions, identifying at-risk students, integrating technology, working with diverse populations, and career planning.

PROCEDURAL AND REPORTING IMPLICATIONS:  The proposed rule action would have no procedural and reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:  The proposed rule action would have no locally maintained paperwork requirements. The CPE tracking forms that are available to educators on the Texas Education Agency website would be updated and may be maintained locally by educators.

PUBLIC COMMENTS:  None.

ALTERNATIVES:  None.

OTHER COMMENTS AND RELATED ISSUES:  None.

MOTION TO BE CONSIDERED:  The State Board of Education:

Take no action on the proposed amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours.

Staff Members Responsible:
Michele Moore, Associate Commissioner
Educator Leadership and Quality

Marilyn Cook, Interim Director
Educator Testing and Certification

Von Byer, Deputy General Counsel
Legal Services

Attachments:
I. Statutory Citation (PDF, 191KB)
II. Text of Proposed Amendment to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, §232.11, Number and Content of Required Continuing Professional Education Hours (PDF, 19KB)