June-July 2020 Committee on School Initiatives Item 1

Review of Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions

July 2, 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 revisions to 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions. The proposed revisions would implement the statutory requirements of House Bills (HBs) 18 and 403 and Senate Bills (SBs) 11 and 37, 86th Texas Legislature, 2019. The proposed revisions would provide continuing professional education (CPE) instruction regarding mental health and substance abuse training; training requirements for superintendents regarding sexual abuse and human trafficking; and the removal of student loan default as grounds to deny the renewal of a certificate. Technical changes would also clarify processes and reorganize current provisions to improve readability and align citations.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 232 is the Texas Education Code (TEC), §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)–(4) and (7)–(9); 21.054, as amended by SB 11 and HBs 18, 403, and 2424, 86th Texas Legislature, 2019; 21.0541; and 21.0543; and Texas Occupations Code (TOC), §55.002 and §55.003, for Subchapter A; and the TEC, §21.041(c) and §22.0831(f), for Subchapter B.

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, §21.0031(f), clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate.

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.

TEC, §21.041(b)(1)–(4), 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; require 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.

TEC, §21.041(b)(7)–(8), requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Government Code, Chapter 2001; and provide for the adoption, amendment, and enforcement of an educator's code of ethics.

TEC, §21.041(b)(9), requires the SBEC to propose rules that provide for 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, §21.054, as amended by SB 11 and HBs 18, 403, and 2424, 86th Texas Legislature, 2019, requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.

TEC, §21.0541, requires the SBEC to propose rules that allow an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator.

TEC, §21.0543, requires the SBEC to propose rules that provide for CPE credit related to digital technology instruction.

TEC, §22.0831(f)(1) and (2), state the 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, §55.002, states a state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes the individual failed to renew the license in a timely manner because the individual was serving as a military service member.

TOC, §55.003, states a military service member who holds a license is entitled to two years of additional time to complete any continuing education requirements and any other requirement related to the renewal of the military service member's license.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 232 are organized as follows: Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, and Subchapter B, National Criminal History Record Information Review of Active Certificate Holders. These subchapters provide for rules that establish the requirements relating to types and classes of certificates issued, certificate renewal, CPE, and national criminal history record information review.

There were several pieces of SBEC-related legislation regarding CPE as a result of the 86th Texas Legislature, 2019. To ensure aligned implementation of these bills for SBEC's consideration, Texas Education Agency (TEA) staff collaborated with other agency staff in the divisions of Special Populations and Special Education throughout the month of October 2019 and conducted a stakeholder meeting on October 24, 2019, in preparation of this item. Attachment II includes the SBEC-related legislation, timeline, action steps, and staff or stakeholders utilized in preparing the rule text for consideration.

Following is a description of topics for the SBEC's consideration for proposed revisions to 19 TAC Chapter 232 that incorporates the 2019 enabling legislation. The relevant rule text from 19 TAC Chapter 232 is presented in Attachment I. In addition to the following detailed descriptions, the proposed revisions would also remove outdated provisions; include technical edits to remove duplicity; provide technical clean-up edits for clarifications; provide formatting edits for clarifications; and provide relettering/renumbering to conform with the Texas Register style and formatting requirements.

Subchapter A. Certificate Renewal and Continuing Professional Education Requirements

§232.1. General Provisions

The proposed amendment in §232.1(d) would strike the phrase, "The SBEC may deny renewal if the" and add the phrase, "An educator may not renew a certificate if the individual," to clarify that SBEC rules determine compliance for certificate renewal purposes.

The proposed amendment in §232.1(e) would delete the provision related to deadlines and fees for certificate renewals, as it is duplicative since it appears in other sections of the chapter.

The proposed amendment in §232.1(f) would delete the provision to comply with SB 37, 86th Texas Legislature, 2019, which prohibits the use of student loan default as grounds to deny the issuance or renewal of an educator certificate.

The proposed amendment in §232.1(g) would delete the provisions related to failure to pay child support as grounds to deny or cancel the renewal of a certificate as it is already covered in §232.7(c).

The proposed amendment in §232.1(h) would delete the provisions related to the reissuance of a Texas lifetime certificate surrendered in lieu of revocation or revoked as certificates are not reissued. If certificates are surrendered or revoked, a new application must be submitted, pursuant to Chapter 230, Professional Educator Preparation and Certification.

The proposed amendment in §232.1(i) would reletter the provision to subsection (e) and write out "Texas Education Code" for technical formatting purposes.

§232.3. Voluntary Renewal of Current Texas Educators

Section 232.3 would be repealed as it is strictly voluntary and not enforceable.

§232.5. Renewal Date for Certificates

The proposed amendment in §232.5(c) would delete the provision relating to educational aide certificate holders qualifying for standard certificate. Educational aide certificates can no longer be renewed and; therefore, the expiration date of an individual who qualifies for a standard certificate would not be affected by an educational aide certificate date.

The proposed amendment in §232.5(d)–(f) would reletter the provisions to subsections (c)–(e) for technical formatting purposes.

§232.7. Requirements for Certificate Renewal

The proposed amendment in §232.7(a)(4) would strike the reference to paragraphs (2)–(6) to clarify all provisions in subsection (c) are required to be eligible for renewal.

The proposed amendment in §232.7(b)(4) would strike the phrase, "§232.25 of this title (relating to Fees Payable Upon Certificate Renewal or Reactivation)," and replace it with the phrase, "§230.101 of this title (relating to Schedule of Fees for Certification Services," to properly cross-reference the rule chapter regarding fees paid for certification purposes.

The proposed amendment in §232.7(c)(1) would provide a technical edit to align renewal requirements with the new provisions in §232.16(c).

The proposed amendment in §232.7(c)(5) would delete the provision to comply with SB 37, 86th Texas Legislature, 2019, which prohibits the use of student loan default as grounds to deny the issuance or renewal of an educator certificate.

The proposed amendment in proposed §232.7(c)(6) would strike the phrase, "pursuant to §232.25 of this title," and replace it with the phrase, "provided in §230.101 of this title," to properly cross-reference the rule chapter regarding fees paid for certification purposes.

The proposed amendment in §232.7(c)(6)–(8) would renumber the provisions to paragraphs (5)–(7) for technical formatting purposes.

§232.9. Inactive Status and Late Renewal

The proposed amendment in §232.9(b) would strike the phrases, "no more than six months" and "and also pay a reactivation fee," regarding the additional payment of a reactivation fee if renewal is longer than six months, as this does not align with practice and the language is in contradiction to §230.101, which prescribes that a reactivation fee cannot be incurred for late renewal purposes.

The proposed amendment in §232.9(d) would move the provision regarding auditing compliance with renewal requirements to proposed new §232.16, Verification of Renewal Requirements.

§232.11. Number and Content of Required Continuing Professional Education Hours and §232.13. Number of Required Continuing Professional Education Hours by Classes of Certificates

Section 232.11 and §232.13 would be repealed to combine and organize these sections in proposed new §232.11. Proposed new §232.11 would reorganize current requirements for CPE training by each certificate class; remove duplicative language; and implement recent legislation. These changes would provide greater readability and distinguish the requirements of professional development for each certificate class.

Proposed new §232.11(a), (b), and (c) would reflect current requirements regarding clock-hours, the renewal period, and the focus of professional development on the standards required for issuance of certificate(s).

Proposed new §232.11(d) would maintain the current CPE requirements for classroom teachers to complete 150 hours of CPE for renewal every five years. Proposed new §232.11(d)(2) complies with HB 18 and SB 11, 86th Texas Legislature, 2019, that:

requires a minimum of 25% (37.5 hours) of total CPE hours in specific instructional areas, where two or more topics can be combined;
elaborates on diverse student populations to include those in special education programs who receive services under the Rehabilitation Act of 1973, Section 504, students with mental health conditions or who engage in substance abuse, and students with intellectual or developmental disabilities; and
includes how mental health conditions, including grief and trauma, affect student learning and behavior, with specific training requirements pursuant to TEC, §38.036(c)(1), and approved by the commissioner of education.

Proposed new §232.11(e) would maintain the current CPE requirements for principals and would add the requirement that a principal as instructional leader complete 200 hours of CPE for renewal every five years. Proposed new §232.11(e)(2) would comply with HB 18, 86th Texas Legislature, 2019, that:

requires a minimum of 25% (50 hours) of total CPE hours in specific instructional areas;
includes effective implementation of the Texas Model for Comprehensive School Counseling Programs;
includes mental health programs addressing mental health conditions;
elaborates on diverse student populations to include those in special education programs who receive services under the Rehabilitation Act of 1973, Section 504, students with mental health conditions or who engage in substance abuse, and students with intellectual or developmental disabilities; and
includes how mental health conditions, including grief and trauma, affect student learning and behavior, with specific training requirements that are based on relevant best practice-based and research-based programs that are approved by the commissioner.

Proposed new §232.11(f) would maintain the current CPE requirements for school counselors to complete 200 hours of CPE for renewal every five years. Proposed new §232.11(f)(2) complies with HB 18, 86th Texas Legislature, 2019, that:

requires a minimum of 25% (50 hours) of total CPE hours in specific instructional areas;
includes counseling students concerning mental health conditions and substance abuse, including through the use of grief-informed and trauma-informed interventions and crisis management and suicide prevention strategies; and
includes effective implementation of the Texas Model for Comprehensive School Counseling Programs.

Proposed new §232.11(g) would maintain the current CPE requirements for superintendents to complete 200 hours of CPE for renewal every five years. Proposed new §232.11(g)(2) would comply with HB 403, 86th Texas Legislature, 2019, that requires individuals who hold a superintendent certificate that is renewed on or after January 1, 2021, to complete at least 2.5 hours of CPE on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.

Proposed new §232.11(h)–(j) would maintain the current CPE requirements for school librarians and learning resources specialists, educational diagnosticians, and reading specialists to complete 200 hours of CPE for renewal every five years.

Proposed new §232.11(k) would maintain the current CPE requirements for educators who teach students with dyslexia.

Proposed new §232.11(l) would maintain the current CPE optional activities for educators. To comply with HB 18, training in mental health first aid training must be through a classroom setting with in-person attendance, and the educator will obtain twice the number of hours, not to exceed 16 hours.

Proposed new §232.11(m) and (n) would maintain the current provisions regarding renewal requirements for educators who hold multiple classes of certificates.

§232.15. Types of Acceptable Continuing Professional Education Activities

The proposed amendment in §232.15(a)(1) and (2) would strike the phrase, "in content area knowledge and skills related to the certificate(s) being renewed," to provide clarity because some of the statutory requirements for CPE are not directly related to content area knowledge and skills.

The proposed amendment in §232.15(a)(4) would strike the phrase, "subsection or subsection (b) of this," to provide clarity that the phrase refers to the entire section.

§232.16. Verification of Renewal Requirements

Proposed new §232.16(a), (b), and (d) would maintain the current provisions in §232.23 regarding the verification of CPE requirements for educators to provide clarity and readability for educators. The proposed amendment in §232.16(b) would provide a technical edit to align verification requirements with proposed new §232.16(c). Proposed new §232.16(c) would provide clarity to educators that they are not required to satisfy CPE requirements that are implemented within one year prior to the renewal date. This would provide educators with adequate time to comply with any new CPE requirements for renewal purposes.

§232.17. Pre-Approved Professional Education Provider or Sponsor

The proposed amendment in §232.17 would add the word "Continuing" to the section title to clarify that the pre-approved providers or sponsors are for CPE purposes.

The proposed amendment in §232.17(a) would remove the word "Registration" to align with the proposed change to the section title of §232.21.

§232.19. Approval of Private Companies, Private Entities, and Individuals

The proposed amendment in §232.19 would add the phrase, "as Continuing Professional Education Providers," to the section title to clarify the approval of these entities is for the purpose of providing continuing education training.

The proposed amendment in §232.19 would clarify that entities seeking approval to apply for registration as a CPE provider must comply with the provisions set out in §232.21 regarding provider requirements. The proposed amendment in §232.19(1) would maintain the current requirements for CPE provider approval in §232.21. These provisions have been reorganized into this section to reflect application provisions for CPE providers, which is only applicable to entities not pre-approved.

§232.21. Provider Requirements

The proposed amendment in §232.21 would strike the word "Registration" in the section title to clarify the provider requirements are for pre-approved providers and entities that must apply for registration as CPE providers. This section maintains the current requirements for CPE providers and reorganizes the section for readability and clarity.

The proposed amendment in §232.21(a)(5) would delete the provision related to a CPE provider conducting a self-study due to vagueness and lack of enforceability of the provision.

The proposed amendment in §232.21(f) would change the reference from "section" to "chapter" to clarify that it would apply to related provisions in Chapter 232.

§232.23. Verification of Renewal Requirements

Section 232.23 would be repealed as it has been reorganized as §232.16 to move these provisions earlier in the chapter for readability.

§232.25. Fees Payable Upon Certificate Renewal or Reactivation

Section 232.25 would be repealed as it contradicts provisions in §230.101 regarding the schedule of fees for certification services.

Subchapter B. National Criminal History Record Information Review of Active Certificate Holders

§232.31. Purpose

The proposed amendment in §232.31(b)(4) would add a definition for pre-enrollment to provide clarification of the process for TEA to transmit identifiable information to the Texas Department of Public Safety (DPS) fingerprinting vendor for individuals to schedule a fingerprinting appointment.

The proposed amendment in §232.31(b)(4) and (5) would renumber the provisions to paragraphs (5) and (6) for technical formatting purposes.

§232.35. Submission of Required Information

The proposed amendment in §232.35(a)(1) would strike the phrase, "mailing addresses," to clarify TEA does not require the mailing addresses of educators from the school district for the purposes of fingerprinting.

The proposed amendment in §232.35(a)(3) would clarify TEA staff uses the identifiable information to return fingerprinting statuses to the school entity and to the DPS or its vendor to pre-enroll educators for the purpose of a national criminal history record information review.

The proposed amendment in §232.35(a)(4) would strike the phrase, "after it submits the names of all its certified educators to the TEA staff," to clarify the process used for educators to submit the required information and would add clarification of the provisions in 19 TAC §230.11(b)(2) or 19 TAC Chapter 153, Subchapter DD, for cross-reference purposes.

The proposed amendment in §232.35(b)(3)–(5) would be deleted to align with current practice of the school districts and TEA no longer performing these activities as they are no longer relevant given all new educators must submit a criminal background check. These rules were put in place originally to provide criminal background checks on all current educators prior to the requirement that all educators applying for certification be fingerprinted.

The proposed amendment in §232.35(c)(1) would strike the phrase, "and shall electronically obtain an authorization form from the TEA staff," to clarify procedures that this practice is not required given updates to the technical process of submissions.

The proposed amendment in §232.35(c)(2) would be deleted as this process is no longer used given all new educators must submit a criminal background check.

The proposed amendment in §232.35(c)(3) would renumber the provision to paragraph (2) for technical formatting purposes.

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: 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, the proposed rule in 19 TAC §232.11(g) would create a new regulation and increase the number of individuals subject to the rule's applicability by requiring superintendents to complete CPE activities in certain topics, as required by HB 403, 86th Texas Legislature, 2019.

The proposed rule in 19 TAC §232.11(d)–(f) would expand an existing regulation to require individuals who hold standard classroom teacher, principal, and/or school counselor certificates to complete CPE activities in certain additional topics, as required by SB 11 and HB 18, 86th Texas Legislature, 2019.

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 clear guidance for applicants, educators, school districts, and providers on CPE requirements. The TEA staff has determined there is no anticipated cost to persons 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 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 revisions to 19 TAC Chapter 232, General Certification Provisions.

Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Christie Pogue, Director, EPP Accreditation and Policy Development
David Rodriguez, Director, Educator Investigations

Attachment I.
Text of Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions

Attachment II.
SBEC-Related Legislation: Timeline, Action Steps, and Staff or Stakeholders