September 2019 Committee on School Initiatives Item 4

Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter H, Assignments for Teachers Certified Before 1966

September 13, 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 actions that would propose revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter H, Assignments for Teachers Certified Before 1966. The proposed revisions would incorporate courses approved by the SBOE, would update the list of credentials appropriate for placement into an assignment, would make technical edits, and would delete an outdated subchapter.

STATUTORY AUTHORITY:  The statutory authority for 19 TAC Chapter 231 is the Texas Education Code (TEC), §§21.003(a), 21.031(a), and 21.041(b)(1)-(2).

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

PREVIOUS BOARD ACTION:  None.

BACKGROUND INFORMATION AND JUSTIFICATION:  Chapter 231, Requirements for Public School Personnel Assignments, provides guidance to school districts by listing courses by grade level and subject area and identifying the corresponding certificates appropriate for placement into each classroom assignment or administrative role. This information assists districts with hiring and personnel assignment decisions. 

The proposed revisions to 19 TAC Chapter 231, Subchapters C, D, and E, would identify and align the appropriate SBEC-issued certificates to SBOE-approved courses and ensure accurate placement of qualified individuals into campus assignments. To reflect courses approved by the SBOE and make other necessary updates, the proposed revisions to 19 TAC Chapter 231 are described below.

Subchapter C, Grades 6-8 Assignments.

§231.47. English as a Second Language, Grades 6-8.

The proposed amendment to §231.47 would add two new SBOE-approved courses, English Learners Language Arts, Grade 7, and English Learners Language Arts, Grade 8, and would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.81. Dance, Middle School 1-3.

The proposed amendment to §231.81 would add the Dance: Grades 6-12 certificate to the list of credentials appropriate to teach these courses.

Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments.

§231.97. Innovative Course.

The proposed amendment to §231.97 would require that teacher qualifications specified in the approved innovative course descriptions must be satisfied to determine eligibility to teach an innovative course.

Subchapter E, Grades 9-12 Assignments

Texas Education Agency (TEA) staff has identified the need for proposed changes to 10 of the 25 divisions within Subchapter E. The proposed changes are listed below by division:

Division 1. English Language Arts and Reading, Grades 9-12 Assignments.

§231.125. English as a Second Language, Grades 9-12.

The proposed amendment to §231.125 would add the new SBOE-approved TEKS-based course, English Language Development and Acquisition (ELDA), Grades 9-12, and would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.133. Speech, Grades 9-12

The proposed amendment to §231.133(a) and (b) would delete the duplicative reference to Professional Communications from this section of the rule, as the course also appears in §231.331, Professional Communications, Grades 9-12. Proposed changes would ensure that the course and list of credentials appropriate for placement into the assignment only appears in §231.331, Professional Communications, Grades 9-12

Division 3. Social Studies, Grades 9-12 Assignments.

§231.177. Ethnic Studies: Mexican American Studies, Grades 9-12.

Proposed new §231.177 would add a section into rule to support new ethnic studies courses approved by the SBOE and additional approved courses in the future.

Division 7. Fine Arts, Grades 9-12 Assignments.

§231.241. Art, Music, Theatre, and Dance, Grades 9-12.

The proposed amendment to §231.241(b) would include Music Studies and offer clarification in the field about the series of courses covered in this section. The proposed amendment to subsection (c) would include Technical Theatre and offer further clarification in the field about the series of courses covered in this section. The proposed amendment to subsection (d) would remove the reference to Fine Arts credit, as the emphasis on this course satisfying the requirements for this credit is no longer needed and may cause unnecessary confusion by offering guidance to students about one course. The best source for graduation requirements and course credit options for all students can be found on the TEA website. Proposed new subsection (e) would provide guidance on the assignment to teach a new SBOE-approved course, International Baccalaureate Film Standard Level and Higher Level, Grades 9-12.

Division 8. Technology Applications, Grades 9-12 Assignments.

§231.259. Cybersecurity, Grades 9-12.

Proposed new §231.259 would add two new TEKS-based courses adopted by the SBOE, Foundations of Cybersecurity, Grades 9-12, and Cybersecurity Capstone and would provide guidance on the assignment to teach the courses. 

Division 10. Agriculture, Food, and Natural Resources, Grades 9-12 Assignments.

§231.291. Floral Design, Grades 9-12.

The proposed amendment to §231.291 would add art certificates back to the list of credentials appropriate to teach Floral Design, Grades 9-12, as this course is aligned with Art, Level 1.

Division 11. Architecture and Construction, Grades 9-12 Assignments.

§231.301. Principles of Architecture; Principles of Construction, Grades 9-12.

The proposed amendment to §231.301 would add agriculture certificates to the list of credentials appropriate to teach these courses because holders of these certificates are already qualified to teach these courses at the advanced level. The proposed amendment is in response to written public testimony provided at the February 2019 SBEC meeting. Proposed changes would also provide for conforming technical edits.

Division 12. Arts, Audio Video Technology, and Communications, Grades 9-12 Assignments.

§231.331. Professional Communications, Grades 9-12.

The proposed amendment to §231.331 would delete two certificates, Mathematics/Physical Science/Engineering: Grades 6-12 and Mathematics/Physical Science/Engineering: Grades 8-12 certificates, added in error from the list of credentials appropriate to teach this course. The proposed amendment would also resolve previous issues with a duplicate listing of this course in two sections of the rule:  English Language Arts and Reading and Career and Technical Education. Proposed changes would eliminate the duplicate reference for this course, consolidate the list of certificates appropriate for placement into the assignment, and emphasize that the school district is responsible for ensuring that each teacher assigned to teach Professional Communications, Grade 9-12, has completed appropriate education and/or training in effective communication strategies and demonstrates proficiency in oral and written communication. Proposed changes would also provide for conforming technical edits.

Division 15. Finance, Grades 9-12 Assignments.

§231.397. Accounting II, Grades 9-12.

The proposed amendment to §231.397 would expand the list of certifications appropriate to teach this course and mirror the requirements established for §231.395, Financial Mathematics, Grades 9-12, since this course may count for advanced mathematics credit. 

Division 24. Science, Technology, Engineering, and Mathematics, Grades 9-12 Assignments.

§231.583. Robotics I, Grades 9-12.

The proposed amendment to §231.583 would add physics/mathematics certificates to the list of credentials appropriate to teach this course because holders of these certificates are already qualified to teach the advanced level of this course. The proposed amendment is in response to written public testimony provided at the February 2019 SBEC meeting. Proposed changes would also provide for conforming technical edits.

Division 25. Transportation, Distribution, and Logistics, Grades 9-12 Assignments.

§231.591. Transportation, Distribution, and Logistics, Grades 9-12.

The proposed amendment to §231.591(a) would add technology education certificate back to the list of credentials appropriate to teach these courses to cover staffing needs that have resulted in the removal of this provision. The proposed amendment is in response to written public testimony provided at the February 2019 SBEC meeting. Proposed changes would also provide for conforming technical edits.

Subchapter H, Assignments for Teachers Certified Before 1966.

The proposed repeal would remove this subchapter as the dated provision for those certified prior to September 1, 1962, through September 1, 1966, is outdated and the assignment for those educators certified before 1966 into classroom teaching assignments or administrative roles is provided in the remaining subchapters of 19 TAC Chapter 231.

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: No changes have been made to this section since published as proposed. 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: No changes have been made to this section since published as proposed. 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: No changes have been made to this section since published as proposed. 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: No changes have been made to this section since published as proposed. 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: No changes have been made to this section since published as proposed. 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: No changes have been made to this section since published as proposed. 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 repeal an existing regulation. The proposed rulemaking would repeal Chapter 231, Subchapter H, Assignments for Teachers Certified Before 1966. This subchapter is outdated and the assignment for those educators certified before 1966 into classroom teaching assignments or administrative roles is provided in the remaining subchapters of Chapter 231. 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 create a new regulation; would not expand or limit 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: No changes have been made to this section since published as proposed. The public benefit anticipated as a result of the proposal would be continued guidance on appropriate credentials for placement into various campus assignments and roles. There is no anticipated cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed. The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed. 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 revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.

Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Marilyn Cook, Director, Educator Certification
    

Attachment:                 Text of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments