September 10, 2020 Committee on School Initiatives Item 3
Review of Proposed Amendment to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.1, General Provisions
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 228, Requirements for Educator Preparation Programs, §228.1, General Provisions. The proposed amendment would provide additional flexibility for educator preparation programs (EPPs) and candidates to fulfill educator preparation requirements related to clinical teaching, internships, and practicums when those assignments occur at least partially in virtual settings due to campus and district modifications in response to COVID-19 during the 2020–2021 academic year. At adoption, the SBEC made changes to the proposed text to provide additional flexibility in response to public comments and ongoing developments with the public health crisis.
STATUTORY AUTHORITY: The statutory authority for 19 TAC §228.1 is the Texas Education Code (TEC), §§21.031; 21.041(b)(1); 21.044, as amended by Senate Bills (SBs) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, and House Bill (HB) 18, 86th Texas Legislature, 2019; 21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.0453; 21.0454; 21.0455; 21.046(b); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(b) and (c); and 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; and the Texas Occupations Code (TOC), §55.007.
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), 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.
TEC, §21.044, as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, and HB 18, 86th Texas Legislature, 2019, 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, §21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to ensure that an EPP requires at least 80 hours of instruction for a candidate seeking a Trade and Industrial Workforce Training certificate.
TEC, §21.0443, requires the SBEC to establish rules for the approval and renewal of EPPs.
TEC, §21.0453, states that the SBEC may propose rules as necessary to ensure that all EPPs provide the SBEC with accurate information.
TEC, §21.0454, requires the SBEC to develop a set of risk factors to assess the overall risk level of each EPP and use the set of risk factors to guide the Texas Education Agency (TEA) in conducting monitoring, inspections, and evaluations of EPPs.
TEC, §21.0455, requires the SBEC to propose rules necessary to establish a process for complaints to be directed against an EPP.
TEC, §21.046(b), states that the qualifications for certification as a principal must be sufficiently flexible so that an outstanding teacher may qualify by substituting approved experience and professional training for part of the educational requirements.
TEC, §21.0485, states the issuance requirements for certification to teach students with visual impairments.
TEC, §21.0487(c), states that because an effective principal is essential to school improvement, the SBEC shall ensure that each candidate for certification as a principal is of the highest caliber and that multi-level screening processes, validated comprehensive assessment programs, and flexible internships with successful mentors exist to determine whether a candidate for certification as a principal possesses the essential knowledge, skills, and leadership capabilities necessary for success.
TEC, §21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, states the eligibility for an Early Childhood: Prekindergarten–Grade 3 certificate.
TEC, §21.049(a), authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional EPPs.
TEC, §21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create a probationary and standard trade and industrial workforce training certificate.
TEC, §21.050(b), states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate.
TEC, §21.050(c), states that 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.
TOC, §55.007, provides that verified military service, training, and education be credited toward licensing requirements.
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 228, Requirements for Educator Preparation Programs, establish the requirements for EPPs.
The following is a description of the proposed amendment included in the attachment.
§228.1. General Provisions.
The proposed amendment in §228.1 would add new subsection (e) to allow EPPs to provide internships, clinical teaching, practicum assignments, and related educator observations in a virtual setting for the 2020–2021 academic year to manage the impact of the public health crisis on educator candidates and EPPs. Current SBEC rules require these activities to be conducted in an actual school setting with face-to-face observations and do not permit virtual settings. If public health conditions in the upcoming academic year necessitate providing instruction through virtual platforms, educator candidates will be unable to complete the required experience in actual, face-to-face school settings. Allowing clinical assignments and observations to occur in virtual school settings will minimize disruptions to the educator production pipeline.
At the July 31, 2020 SBEC meeting, the SBEC made a change at adoption, in response to public comments and ongoing developments with the impact of the public health crisis on educator candidates and EPPs. The adopted rule text provides additional flexibility in allowing the option for formal observations during clinical assignments to occur in synchronous virtual settings or asynchronous virtual settings.
The attachment 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 and local governments and 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 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 limit an existing regulation by temporarily removing the requirements for educator preparation experiences to occur in actual, face-to-face school settings during the 2020–2021 academic year.
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 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: 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 to EPPs on requirements for providing preparation to an individual seeking certification as an educator. 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 proposed amendment to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.1, General Provisions.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Mark Olofson, Director, Educator Data and Preparation Program Management
Attachment:
Text of Proposed Amendment to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, §228.1, General Provisions