July 2014 Committee on School Initiatives Item 1

Review of Proposed New 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions

July 18, 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 establish new 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions. The proposed new rule would clarify the academic years for which the current passing standard on certification examinations applies and define when individual certification fields are subject to revocation. The proposed new rule would also provide a backstop for ongoing discussion of a rewrite of 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, being conducted in conjunction with the review of 19 TAC Chapter 227 and Chapter 228 required by House Bill 2012, 83rd Texas Legislature, Regular Session, 2013.

STATUTORY AUTHORITY:  The statutory authority for proposed new 19 TAC §229.21 is the Texas Education Code (TEC), §§21.045, 21.0451, and 21.0452.

EFFECTIVE DATE:  The proposed effective date of proposed new 19 TAC §229.21 would be August 10, 2014.

PREVIOUS BOARD ACTION:  None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:  The TEC, §21.045, states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs (EPPs).

Section 229.4, Determination of Accreditation Status, establishes the standards and performance criteria for the accreditation of EPPs, defines the varying accreditation statuses, and provides for various exceptions. Section 229.5, Accreditation Sanctions and Procedures, determines when sanctions may apply to an individual certification field.

Proposed new 19 TAC §229.21(a) would clarify the academic years for which the current passing standard on certification examinations applies for purposes of the EPP accountability system. Proposed new 19 TAC §229.21(b) would define when the clock starts for purposes of sanctions for individual certification fields.

Proposed new 19 TAC §229.21 would also provide a temporary provision to ensure that a passing standard and a time frame for individual certification fields for purposes of EPP accountability is in place should the rewrite of 19 TAC Chapter 229 and its subsequent adoption be delayed.

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 July 31, 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 additional 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 additional 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 new section would be an accountability system that informs the public of the quality of educator preparation provided by each SBEC-approved EPP.

PROCEDURAL AND REPORTING IMPLICATIONS:  The proposed new section would have no additional procedural or reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:  The proposed new section would have no additional locally maintained paperwork requirements.

PUBLIC COMMENTS:  None.

ALTERNATIVES:  None.

OTHER COMMENTS AND RELATED ISSUES:  None.

MOTION TO BE CONSIDERED:  The State Board of Education:

Take no action on proposed new 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions.

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

Von Byer, Deputy General Counsel
Legal Services

Sandra Jo Nix, Manager
Educator Preparation

Attachments:
I. Statutory Citations (PDF, 33KB)
II. Text of Proposed New 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, §229.21, Transitional Provisions (PDF, 18KB)