September 10, 2020 Committee on School Initiatives Item 1
Review of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs
September 11, 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 amend 19 Texas Administrative Code (TAC) Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed amendments would update the subject-matter-only assessments to be used for the Pre-Admission Content Test (PACT). At adoption, the SBEC made a change to the proposed figure to provide a technical change.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 227, Subchapter A, is the Texas Education Code (TEC), §§21.031; 21.041(b)(1), (4), and (6); 21.044(a), (g)(2), and (g)(3); 21.0441; 21.0489(c), as added by Senate Bill (SB) 1839 and House Bill (HB) 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.050(a); 22.083; and 22.0835; and Texas Occupations Code (TOC), §§53.151–53.153, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017.
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, §21.041(b)(1), (4), and (6), require 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; specify the requirements for the issuance and renewal of an educator certificate; and provide for special or restricted certification of educators, including certification of instructors of American Sign Language.
TEC, §21.044(a), 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(g)(2) and (3), require each educator preparation program (EPP) to provide certain information related to the effect of supply and demand forces on the educator workforce of the state and the performance over time of the EPP.
TEC, §21.0441, requires the SBEC to adopt rules setting certain admission requirements for EPPs, including allowing content certification examinations to substitute for required college classroom credit hours in the subject in which the candidate is seeking initial certification.
TEC, §21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to adopt requirements that would establish an Early Childhood: Prekindergarten–Grade 3 certificate.
TEC, §21.049(a), authorizes the SBEC to propose rules providing for educator certification programs as an alternative to traditional EPPs.
TEC, §21.050(a), requires a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree to possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under the TEC, Chapter 28, Subchapter A.
TEC, §22.083, requires a school district, open-enrollment charter school, or shared services arrangement to obtain criminal history record information that relates to a person who is not subject to a national criminal history record information review under this subchapter and who is an employee of the district or school; or a shared services arrangement, if the employee's duties are performed on school property or at another location where students are regularly present.
TEC, §22.0835, requires a school district, open-enrollment charter school, or shared services arrangement to obtain from the department and may obtain from any other law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), all criminal history record information that relates to a person participating in an internship consisting of student teaching to receive a teaching certificate; or a volunteer or person who has indicated, in writing, an intention to serve as a volunteer with the district, school, or shared services arrangement.
TOC, §53.151, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017, sets the definitions of "licensing authority" and "occupational license" to have the meanings assigned to those terms by the TOC, §58.001.
TOC, §53.152, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017, requires EPPs to provide applicants and enrollees certain notice regarding potential ineligibility for a certificate based on convicted offenses; the SBEC rules regarding the certificate eligibility of an individual with a criminal history; and the right of the individual to request a criminal history evaluation letter.
TOC, §53.153, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017, requires an EPP to refund tuition, application fees, and examination fees paid by an individual if the EPP failed to provide the required notice under the TOC, §53.152, to an individual who was denied a certificate because the individual was convicted of an offense.
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 227 are organized as follows: Subchapter A, Admission to Educator Preparation Programs, and Subchapter B, Preliminary Evaluation of Certification Eligibility. These subchapters provide for rules that establish requirements for admission to an EPP and preliminary evaluation of certification eligibility.
The following is a description of the proposed amendments to 19 TAC Chapter 227, Subchapter A, that are included in the attachments.
§227.10. Admission Criteria.
The proposed amendment in Figure §227.10(a)(4)(C) would add certification areas and the appropriate subject-matter content certification examinations for purposes of admission into an EPP. The additional certification areas that would be reflected in the figure are:
- §233.2, Early Childhood: Prekindergarten–Grade 3
- §233.2, Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6
- §233.2, Core Subjects with Science of Teaching Reading: Grades 4–8
- §233.3, English Language Arts and Reading with Science of Teaching Reading: Grades 4–8
- §233.3, English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4–8
The proposed amendment in §227.10(a)(4)(C) would also strike the phrase, "for the calendar year during which the applicant seeks admission," to remove the restriction that PACT tests only be allowed for the calendar year in which a candidate seeks admission. This change would reduce the burden for candidates having to take the same test to determine subject-matter content knowledge, due to the timeline restriction that should be determined by the admission criteria of an EPP. The proposed amendment would also strike the outdated provision related to the January 27, 2020 implementation date for the content certification examination passage for admission into an EPP.
At the July 24, 2020 SBEC meeting, the SBEC made a technical change at adoption to remove a hanging “or” from §233.2, Early Childhood: Prekindergarten–Grade 3 certification area, in Figure: 19 TAC §227.10(a)(4)(C).
The proposed amendment in §227.10(a)(5) would update the cross reference to 19 TAC Chapter 241 to reflect the title change.
The proposed amendment in §227.10(b) would add the word, "admission," to clarify that the additional requirements that EPPs may adopt are admission requirements, which align with the provisions of this chapter.
The proposed amendment to §227.10(c)(2) would add the word, "intern," to clarify that the requirements for admission related to a probationary certificate also include the intern certificate.
§227.15. Contingency Admission.
The proposed amendment to §227.15(d) would add the word, "intern," to clarify that the requirements for recommendation of a probationary certificate also are applicable to an intern certificate.
The attachments reflect 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 Texas Education Agency (TEA) staff has determined that there is an anticipated fiscal impact on state government (TEA) required to comply with the proposal. The TEA estimates a cost of $1,782 for each of the next five fiscal years (FYs) from FYs 2021–2025 in the loss of $11 for each exam at an average of 162 exams a year for candidates not being required to take a pre-admission exam twice for entrance into a program. Based on 2014–2019 testing data, it is estimated that 162 candidates will not be required to take additional exams with the time provision eliminated per academic year starting in FY 2021. There is no additional fiscal impact on local governments or entities required to comply with the proposal.
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 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 decrease fees paid to the agency, limit an existing regulation, and decrease the number of individuals subject to the rule by removing the regulation requiring that candidates who take and pass a pre-admission content test must re-take the same test if they are not admitted to a program within a year. There is an average of 162 candidates that fall into this category every year; therefore, the number of candidates subject to the rule will be reduced along with the $11 that TEA receives for each test administered.
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 create a new regulation; would not expand or repeal an existing regulation; 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 clarified admission requirements for candidates entering EPPs. There is no anticipated cost to persons who are required to comply with the proposal. The TEA anticipates a cost savings for persons of $17,172 for each of the next five FYs from FYs 2021–2025. The cost savings reflects $106 for each exam at an average of 162 exams a year for candidates not being required to take a pre-admission exam twice for entrance into an EPP. Based on 2014–2019 testing data, it is estimated that 162 candidates will not be required to take additional exams with the time provision eliminated per academic year starting in FY 2021.
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 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Mark Olofson, Director, Educator Data and Preparation Program Management
Attachment I:
Text of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs
Attachment II:
Figure: 19 TAC §227.10(a)(4)(C)