June 2019 Committee on School Initiatives Item 4

Review of Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards


June 14, 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 the State Board for Educator Certification (SBEC) rule action that would propose new 19 Texas Administrative Code (TAC) Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards. The proposed new rule would specify the certification standards for the English as a Second Language (ESL) Supplemental Certificate.

STATUTORY AUTHORITY:
The statutory authority for 19 TAC Chapter 235, Subchapter F, is Texas Education Code (TEC), §§21.003(a), 21.031, 21.040(4), and 21.041(b)(1), (2), and (4).

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

EFFECTIVE DATE: The proposed effective date of proposed new 19 TAC Chapter 235, Subchapter F, is July 21, 2019.

BACKGROUND INFORMATION AND JUSTIFICATION:
The SBEC is statutorily authorized to ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse population of this state. The SBEC is also statutorily required to appoint advisory committee members to recommend standards for each class of certificate. The standards are the basis for the certification examinations and set the requirements for educator preparation program (EPP) curriculum and delivery. The development committees include practicing educators, school district personnel, experts, and EPP faculty. These individuals collaborate to draft or review existing educator standards to ensure that the educator standards reflect best practices, align with the commissioner's educator standards, and, where applicable, align with the current versions of the Texas Essential Knowledge and Skills that are adopted by the SBOE.

English as a Second Language Standards

§235.115. English as a Second Language Standards.

The proposed educator standards for the classroom teacher class, reflected in the attachment, would update the standards for ESL. Given the student demographics of our state and the datedness of the current ESL supplemental exam, Texas Education Agency (TEA) staff have engaged in a process with stakeholders to draft educator standards for ESL. The standards would be a part of proposed new Subchapter F, which is where all rules for supplemental certificate standards will be codified.

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 or local governments and that there are no additional costs to entities required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.002.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.

TAKINGS IMPACT ASSESSMENT:
The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.

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 create a new regulation by specifying the certification standards for the ESL Supplemental Certificate.

The proposed rulemaking 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 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 BENEFIT AND COST TO PERSONS:
The public 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. There is no anticipated cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA staff has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

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 new 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards.

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

Attachment: Text of Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter F, Supplemental Certificate Standards