April 2020 Committee on School Initiatives Item 5

Review of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures

April 17, 2020

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 amendments to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, Regular Session, 2017, and HB 3, 86th Texas Legislature, 2019. The proposed amendment to Subchapter C, Assessment of Educators, would reduce the amount of time for computer- and paper-based examination retakes from 45 to 30 days and would update the figure specifying the required test for issuance of the standard certification, including the removal of the master teacher certification class and the Principal: Early Childhood-Grade 12 certificate and the addition of Early Childhood-Grade 3 (EC-3), Science of Teaching Reading, and Trade and Industrial Workforce Training. The proposed amendment to Subchapter D, Types and Classes of Certificates Issued, would require the English as a Second Language Supplemental assessment for issuance of an intern certificate obtained through the intensive pre-service route. The proposed amendment to Subchapter E, Educational Aide Certificate, would allow the Educational Aide I certificate to be issued to high school students who have completed certain career and technical education courses. Proposed changes to Subchapter G, Certificate Issuance Procedures, would clarify that requests for certificate corrections be submitted to the Texas Education Agency (TEA) within six weeks from the original date of issuance. The proposed changes would also implement the requirement specified in statute that certified classroom teachers must complete training prior to receiving test approval for the Early Childhood: Prekindergarten-Grade 3 certificate. The SBEC made changes to the proposed text in Figure: 19 TAC §230.21(e) in response to public comment and to revert text for future rulemaking.

STATUTORY AUTHORITY:  The statutory authority for 19 TAC Chapter 230 is the Texas Education Code (TEC) §§21.041(b)(1), (2), and (4); 21.044(a); 21.048, as amended by HB 3, 86th Texas Legislature, 2019; 21.050, as amended by HB 3217, 86th Texas Legislature, 2019; 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 21.064, as amended by HB 3, 86th Texas Legislature, Regular Session, 2019; 22.082; and Texas Occupations Code (TOC), §54.003, for Subchapter C; 21.003(a); 21.031; 21.041(b)(1)-(5) and (9); 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 22.064; and 22.0831(c) and (f) for Subchapter D; 21.041(a) and (b)(1)-(4) for Subchapter E; and 21.031(a); 21.041(b)(1)-(5) and (9) and (c); 21.044(a), (e), and (f); 21.048, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 21.0485; 21.0489; 21.050, as amended by HB 3217, 86th Texas Legislature, 2019; 21.054(a), as amended by SBs 7, 179, and 1839, 85th Texas Legislature, Regular Session, 2017, and HB 2424, 86th Texas Legislature, 2019; 22.082; and 22.0831(c) and (f); and TOC, §53.105, for Subchapter G.

TEC, §21.003(a), states 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(a), states the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators.

TEC, §21.031(b), states the SBEC shall ensure all candidates for certification or renewal of certification should demonstrate the knowledge and skills necessary to improve the performance of a diverse student population.

TEC, §21.041(a), states the board may adopt rules as necessary for its own procedures.

TEC, §21.041(b)(1)-(5), 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; requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; and requires the SBEC to propose rules that include requirements for educators that hold a similar certification issued by another state or foreign country.

TEC, §21.041(b)(9), requires the SBEC to propose rules for the regulation of continuing education requirements. 

TEC, §21.041(c), states the SBEC may adopt fees for the issuance and maintenance of an educator certification to adequately cover the cost of the administration.

TEC, §21.044(a), as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program.

TEC, §21.044(e), states in proposing rules under this section for a person to obtain a certificate to teach a health science technology education course, the board shall specify a person must have: (1) an associate degree or more advanced degree from an accredited institution of higher education; (2) current licensure, certification, or registration as a health professions practitioner issued by a nationally recognized accrediting agency for health professionals; and (3) at least two years of wage-earning experience utilizing the licensure requirement.

TEC, §21.044(f), states the SBEC may not propose rules for a certificate to teach a health science technology education course that specifies a person must have a bachelor's degree or that establish any other credential or teaching experience requirements that exceed the requirements under Subsection (e).
TEC, §21.048, as amended by HB 3, 86th Texas Legislature, 2019, states the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board that includes not requiring more than 45 days elapsing between examination retakes and that starting January 1, 2021, all candidates teaching prekindergarten through grade six must demonstrate proficiency in the science of teaching reading on a certification examination.

TEC, §21.0489, specifies the issuance requirements for the Early Childhood: Prekindergarten-Grade 3 certification.

TEC, §21.0485, states the issuance requirements for certification to teach students with visual impairments.

TEC, §21.050(a), states a person who applies for a teaching certificate must possess a bachelor's degree.

TEC, §21.050(b), as amended by HB 3217, 86th Texas Legislature, 2019, states the SBEC shall provide for a minimum number of semester credit hours of field-based experience or internship.

TEC, §21.050(c), states a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate.

TEC, §21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017, provides a requirement that before a school may employ a certification candidate as a teacher of record, the candidate must have completed at least 15 hours of field-based experience in which the candidate was actively engaged at an approved school in instructional or educational activities under supervision.

TEC, §21.054(a), as amended by SBs 7, 179, and 1839, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.

TEC, §22.064, as amended by HB 3, 86th Texas Legislature, 2019, requires the SBEC to designate all Master Teacher certificates as Legacy Master Teacher.

TEC, §22.082, requires SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under Chapter 21, Subchapter B.

TEC, §22.0831(c), requires SBEC to review the national criminal history of a person seeking certification. 

TEC, §22.0831(f)(1) and (2), state SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements.

TOC, §53.105, states a licensing authority may require a fee that is in an amount sufficient to cover the cost of administration. 

TOC, §54.003, states a licensing authority shall provide accommodations and eligibility criteria for examinees diagnosed as having dyslexia.

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: The SBEC rules in 19 TAC Chapter 230 specify the testing requirements for certification and the additional certificates based on examination. These requirements ensure educators are qualified and professionally prepared to instruct the schoolchildren of Texas. The following provides a description of changes to Chapter 230, Subchapters C, D, E, and G.

Subchapter C, §230.21. Assessment of Educators

The proposed amendment to §230.21(a)(1)(D) would reduce the amount of time between computer- and paper-based retakes from 45 days to 30 days. The proposed amendment is in response to stakeholder feedback from the July 2019 SBEC meeting and would allow candidates an additional testing window in the summer to meet certification requirements.

The proposed amendment to §230.21(e) would amend Figure: 19 TAC §230.21(e) to:

•    comply with HB 3 by removing all master teacher certificates from the current list of active certifications

•    comply with HB 3 by requiring educators that teach any grade level from Prekindergarten-Grade 6 to demonstrate proficiency in the science of teaching reading on a certification examination beginning January 1, 2021. The amendment would add 293 Science of Teaching Reading TExES as a required content pedagogy test for the §233.2, Early Childhood: Prekindergarten-Grade 3 certification.

•    remove §241.60, Principal: Early Childhood-Grade 12, as new principal certifications were created, effective December 23, 2018

•    provide for a transition from the current content tests to the anticipated content pedagogy tests as follows:

Certificate Name

    Current Test to Anticipated Content Test

§239.84, Educational Diagnostician: Early Childhood-Grade 12

153 Educational Diagnostician EC-12 TExES to 253 Educational Diagnostician EC-12

§239.20, School Counselor: Early Childhood-Grade 12

152 School Counselor EC-12 TExES to 252 School Counselor EC-12 TExES

§233.14, Trade and Industrial Education: Grades 6-12 

270 Pedagogy and Professional Responsibilities for Trade and Industrial Education 6-12 TExES to 370 Pedagogy and Professional Responsibilities for Trade and Industrial Education 6-12 TExES

•    comply with SB 1839 and HB 2039 to create the required assessments for the §233.2 Early Childhood: Prekindergarten-Grade 3 certification

•    comply with HB 3349 to create the required assessments for the new §233.14 Trade and Industrial Workforce Training: Grades 6-12 certification


At the February 21, 2020 meeting, the SBEC took action to revert proposed amendments to §230.21(e) to allow staff more time to work through transition dates to bring back for the SBEC's consideration at the May 1, 2020 meeting. The proposed amendments would have amended the Figure §230.21(e) to:

•    comply with HB 3 by requiring educators that teach any grade level from Prekindergarten-Grade 6 to demonstrate proficiency in the science of teaching reading on a certification examination beginning January 1, 2021. The amendment would add 293 Science of Teaching Reading TExES as a required content pedagogy test for the following certifications:
o    §233.2, Core Subjects: Early Childhood-Grade 6 
o    §233.2, Core Subjects: Grades 4-8
o    §233.3, English Language Arts and Reading: Grades 4-8
o    §233.3, English Language Arts and Reading/Social Studies: Grades 4-8

•    provide for a transition from the current content tests to the anticipated content pedagogy tests as follows:

Certificate Name

Current Test to Anticipated Content Test

§233.12, Physical Education: Early Childhood-Grade 12

158 Physical Education EC-12 TExES to 258 Physical Education EC-12 TExES

§233.3, English Language Arts and Reading: Grades 4-8

117 English Language Arts and Reading 4-8 TExES to 217 English Language Arts and Reading 4-8

§233.2, Core Subjects: Early Childhood-Grade 6

291 Core Subjects EC-6 TExES to 2391 Core Subjects EC-6 TExES

 •    phase out retired assessments by removing the retired 183 Braille TExES assessment for the §233.8, Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certification

The attachment reflects the proposed rule text changes to Figure: 19 TAC §230.21(e).

Subchapter D, §230.33, Classes of Certificates, and §230.36, Intern Certificates

The proposed amendment to §230.33(b)(5) would align with the mandate in HB 3 to repeal the master teacher certificate class, giving those certificates contained therein a "legacy" designation for educator assignment purposes until they expire.

The proposed amendment to §230.36(f)(2)(C) would add the requirement of the English as Second Language (ESL) Supplemental assessment for issuance of the intern certificate through the intensive pre-service route. This will ensure teachers are ready to serve students in their classroom. 

Subchapter E, §230.55. Certification Requirements for Educational Aide I

TEA staff in the divisions of Educator Certification, Instructional Support, and Career and Technical Education are working collaboratively to support the work associated with industry-based certifications. Industry certifications were designed to prepare students for success in postsecondary endeavors and are used for public school accountability.

The proposed amendment to §230.55 would add the word "either" to provide two possible paths to qualify for an Educational Aide I certificate: a path for conventional high school graduates and an alternate path for high school students 18 years of age or older to attain educational industry experience while still in school. The alternate path to certification in proposed new §230.55(3) and (4) would allow students to earn Educational Aide I credentials after completing career and technical education courses and would allow schools to accurately reflect these students as "career ready" in their accountability measures.

Subchapter G, §230.104. Correcting a Certificate or Permit Issued in Error and §230.105. Issuance of Additional Certificates Based on Examination

The proposed amendment to §230.104(b) would add the requirement that if an entity incorrectly issues a certificate, TEA must receive a request to correct the error from the entity within six weeks. The proposed change also requires educators inform the recommending educator preparation program (EPP) of any assignment change that would require the educator to be certified in a different certification area. This will ensure teachers are teaching in their correct assignments. The proposed amendment would also apply to supplemental certifications, such as the Early Childhood-Grade 12 ESL certification, to ensure candidates are prepared to teach the students they serve.

The proposed amendment to §230.105(3) would comply with SB 1839 and HB 2039 to mandate all candidates complete training requirements for issuance of an Early Childhood: Prekindergarten-Grade 3 certification. Remaining paragraphs would be renumbered.

The attached reflects the proposed rule text changes.

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: Changes have been made to this section since published as proposed to reflect the impact of SBEC adopted, subject to SBOE review, rule action. The TEA staff has determined there is an anticipated fiscal impact on state government (TEA) required to comply with the proposal. The TEA estimates a cost of $128,909 for each of the next five fiscal years (FYs) from FYs 2020-2024 for the development and ongoing administrative costs needed to maintain assessments. The TEA will receive an $11 remittance for each Science of Teaching Reading test taken for an estimated total of $2,750 annually for FYs 2021-2025. The TEA will receive $17 per Educational Aide I application; this fee will be offset by the cost to process the certification. The TEA anticipates 4,872 additional Educational Aide I certifications for an estimated total of $82,824 for FYs 2020-2024. There may be anticipated fiscal impact on local government if a school district chooses to pay the $17 Educational Aide I application fee.

LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed. The proposal would have no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.

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 impose a cost on regulated persons, another state agency, a special district, or a local government, and, therefore, is subject to TGC, §2001.0045. However, the proposal is exempt from TGC, §2001.0045, as provided under that statute, because the proposal is necessary to implement legislation. In addition, the proposal is necessary to ensure certified Texas educators are competent to educate Texas students and, therefore, necessary to protect the safety and welfare of the residents of this state.

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 expand an existing regulation in §230.55 by allowing the SBEC to issue an Educational Aide I certificate to high school students seeking industry-based credentials. The proposed amendment to §230.105 would expand an existing regulation by adding the Early Childhood: Prekindergarten-Grade 3 certification as an ineligible certification for certification by examination. The proposed rulemaking would limit an existing regulation, §230.21(a)(1)(D), by reducing the number of days between computer- and paper-based examination retakes from 45 to 30 days. The proposed rule would require an increase in fees paid to the agency for each Science of Teaching Reading assessment taken ($11 per assessment), but those fees would be offset by the increased costs to the agency of developing and administering the new test. The proposed rule would require an increase in fees paid to the agency for each additional Educational Aide I certificate issued, but those fees would be offset by the cost to process the certification. The proposed rule would create a new regulation in §230.104 by requiring entities to notify the agency within six weeks of certificate issuance for purposes of correction to an intern or probationary certificate and educators to notify their EPPs when their assignments change in a way that could impact the legal appropriateness of their certification. The proposed rulemaking would repeal an existing regulation as it eliminates the former principal certification and the master teacher class of certifications to implement HB 3, 86th Texas Legislature, 2019.

The proposed rulemaking would not create or eliminate a 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 a decrease in fees paid to the agency; 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: Changes have been made to this section since published as proposed to reflect the impact of SBEC adopted, subject to SBOE review, rule action. The public and student benefit anticipated as a result of the proposed amendments would help broaden the pool of potential educators in Texas by expanding the Educational Aide I certificate and ensure educator candidates are demonstrating proficiency in research-based reading strategies and on rigorous and relevant assessments. Future teacher candidates seeking certification in Early Childhood: Prekindergarten-Grade 3 will be required to take the Science of Teaching Reading assessment. Based on EPP projected Early Childhood: Prekindergarten-Grade 3 teacher candidate enrollment, TEA staff anticipates this will result in about 250 test attempts with the cost of each test being $136 for a total of $34,000 starting FY 2021. Future candidates seeking certification in School Counselor will be required to take a certification assessment that has both selected-response and constructed-response questions. Based on the 2017-2018 data, TEA staff anticipates this impact to be about 1,633 test attempts with the cost of each test increasing from $116 to $200 for a total of $137,172 starting FY 2021. Future candidates seeking certification in Educational Diagnostician will be required to take a certification assessment that has both selected-response and constructed-response questions. Based on the 2017-2018 data, TEA staff anticipates this impact to be about 625 test attempts with the cost of each test increasing from $116 to $200 for a total of $52,500 starting FY 2021. Future teacher candidates for Trade and Industrial Education 6-12 will be required to take a certification assessment that has both selected-response and constructed-response questions. Based on the 2017-2018 data, TEA staff anticipates this impact to be about 330 test attempts with the cost of each test increasing from $116 to $136 for a total of $6,600 starting FY 2021. Based on 2018-2019 Public Education Information Management System (PEIMS) data, the anticipated number of candidates that would meet the new educational aide requirements would be 4,872. Each application would cost the applicant $17 for a total of $82,824 per FY starting FY 2020.

DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed. The proposal would have no new 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 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 amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures.

Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Jessica McLoughlin, Director, Educator Standards and Testing

Attachment I:    

Text of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, Subchapter D, Types and Classes of Certificates Issued, Subchapter E, Educational Aide Certificate, and Subchapter G, Certificate Issuance Procedures

Attachment II:              

Figure: 19 TAC §230.21(e)