Jan-Feb 2019 Committee on School Initiatives Item 5

Review of Proposed Revisions to 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards  

February 1, 2019  

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

SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review a State Board for Educator Certification (SBEC) rule action that would propose revisions to 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards. The proposed revisions would add the Texas Essential Knowledge and Skills (TEKS)-based certification standards; would add reference to the new certification standards for the Trade and Industrial Workforce Training: Grades 6-12 certificate to implement the statutory requirements of House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and would clarify the effective date of Subchapter D.  

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 235, Subchapter A, is Texas Education Code (TEC), §§21.003(a), 21.031, and 21.041(b)(1), (2), and (4). The statutory authority for 19 TAC Chapter 235, Subchapter D, is TEC, §§21.0442(a) and (c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, and 21.040(4).

TEC, §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B.

TEC, §21.031, 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, §21.040(4), states that the SBEC shall, for each class of educator certificate, appoint an advisory committee composed of members of that class to recommend standards for that class to the board.

TEC, §21.041(b)(1), 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), requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

TEC, §21.041(b)(4), requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.

TEC, §21.0442(a), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create an abbreviated educator preparation program (EPP) for trade and industrial workforce training.  

TEC, §21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, 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.

The full text of statutory citations can be found in the statutory authority section of this agenda.

EFFECTIVE DATE: The proposed effective date of the proposed revisions to 19 TAC Chapter 235 would be March 10, 2019.  

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC is statutorily authorized to ensure that all candidates for certification demonstrate the knowledge and skills necessary to improve the performance of the diverse population of this state. The standards serve as the base for training provided by EPPs and for the subsequent educator certification assessments. 

The SBEC rules in 19 TAC Chapter 235, Classroom Teacher Certification Standards, specify the educator standards for the classroom teacher class of certificates. The educator standards are the basis for EPP design to effectively prepare beginning classroom teachers and the foundation for the certification examinations

The following is a description of the proposed revisions to 19 TAC Chapter 235 that implement recent legislation and incorporate feedback from the standards advisory committee.

TEKS-Based Certificate Standards 

§235.1. General Requirements.  

To incorporate all educator standards for the classroom teacher class into Chapter 235, the proposed language regarding TEKS-Based Certificate Standards is attached. 

The educator standards refer to the student expectations found in the relevant TEKS and English Language Proficiency Standards. Connecting the educator standards to student expectations would allow for the standards and subsequent training and assessment to remain accurate as the student expectations are updated.

Trade and Industrial Workforce Training: Grades 6-12 Standards  

§235.63. Pedagogy and Professional Responsibilities Standards, Trade and Industrial Workforce Training: Grades 6-12.  

The proposed educator standards for the classroom teacher class would implement the statutory requirements of HB 3349 regarding the creation of the Trade and Industrial Workforce Training: Grades 6-12 certificate. Due to the condensed number of preparation hours for teacher candidates as required in HB 3349, Texas Education Agency (TEA) staff worked with a standards advisory committee to narrow and prioritize the standards for beginning teachers. In addition, TEA staff and the advisory committee sought to further prioritize the standards needed to meet the needs of students in trade and industrial education courses and considered the entry point of teacher candidates. The proposal would reflect an implementation date of September 1, 2018.

§235.89. Implementation Date, Grades 7-12.  

An amendment would be made to specify that, unless otherwise indicated, the implementation date of Subchapter D applies to a candidate who is admitted to an EPP for the classroom teacher certificate class on or after September 1, 2018.

The attachment provides the pedagogy and professional responsibility standards for Trade and Industrial Workforce Training: Grades 6-12 certificate written in rule text. 

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.

FISCAL IMPACT: The TEA staff has determined that there is no additional fiscal impact on state and local governments and that there are no additional costs to persons or entities required to comply with the proposed rule actions. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code (TGC), §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under TGC, §2001.002. The proposed rule actions do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to TGC, §2001.0045.

GOVERNMENT GROWTH IMPACT: The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed standards would be more rigorous, relevant, and reliable requirements for the preparation, certification, and testing of classroom teachers upon entry into the profession and retention of these qualified professionals for years to come.

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

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed revisions would have no additional locally maintained paperwork requirements. 
 PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of comments received by the SBEC on its proposed rules is shared with the SBOE under separate cover prior to this SBOE meeting.

MOTION TO BE CONSIDERED: The State Board of Education:

Take no action on the proposed revisions to 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards.

Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Grace Wu, Director, Standards, Testing, and Preparation

Attachment:               
Text of Proposed Revisions to 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, and Subchapter D, Secondary School Certificate Standards