April 2021 Committee on School Initiatives Item 6
Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions
April 16, 2021
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 make an amendment to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions. The proposed amendment would update the definition of a pilot exam in §230.1(17) to indicate that the edTPA performance assessment pilot will be subject to review by the SBEC prior to September 1, 2022, rather than the original date of September 1, 2021.
STATUTORY AUTHORITY: Texas Education Code (TEC), §§21.041(b)(1), (2), (4), and (c); 21.044(a); 21.048(a) and (a-1); 21.050; and 22.082.
TEC, §§21.041(b)(1), 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; 21.041(b)(2), requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and 21.041(b)(4), requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.
TEC, §21.041(c), states that the SBEC may adopt fees for the issuance and maintenance of an educator certificate to adequately cover the cost of the administration.
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, §21.048(a) and (a-1), state that 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.
TEC, §21.050(a), states that a person who applies for a teaching certificate must possess a bachelor's degree.
TEC, §21.050(b), states that the SBEC shall provide for a minimum number of semester credit hours of field-based experience or internship.
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, §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.
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, Subchapter A, §230.1.
At the July 2019 SBEC meeting, the SBEC approved the edTPA performance assessment pilot to run two consecutive years. To ensure clarification of the pilot timeline, the SBEC also adopted new §230.1(17) that defined the term pilot exam to align with the Board’s intention of the two-year edTPA pilot and required the SBEC to review the pilot exam by September 1, 2021.
Due to the impact of COVID-19 on educator preparation programs (EPPs), candidates, and schools, Texas Education Agency (TEA) staff recommended at the October 2020 SBEC meeting that the SBEC extend the pilot period one year, to include a third pilot year, with the intent of providing programs flexibility and a longer runway given the current circumstances. The SBEC approved the extension of the edTPA pilot period at the October meeting and directed TEA staff to bring proposed rule language to codify the extension of the pilot period at the December 2020 meeting. The SBEC approved the proposed amendment for publication in the Texas Register as proposed rules at the December 2020 meeting. At its February 2021 meeting, the SBEC approved, subject to SBOE review, the proposed amendment to 19 TAC §230.1.
The following is an overview of the proposed amendment to 19 TAC §230.1 shown in the attachment.
Subchapter A, §230.1. Definitions
The proposed amendment to §230.1(17) would update the definition of pilot exam to extend the edTPA performance assessment pilot period with an updated SBEC review date of September 1, 2022. This would allow teacher candidates and EPPs that are interested in participating in the pilot additional flexibility during the public health crisis. The proposed amendment to §230.1(17) and (25) would reflect technical edits to implement the Texas Register’s style for capitalization.
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), §2001.022.
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 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, limit, 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 would be the increased teacher knowledge and skills in subject-specific pedagogy, leading to the anticipated growth in student academic performance. 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 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions.
Staff Members Responsible:
Marilyn Cook, Interim Associate Commissioner, Educator Preparation, Certification, and Enforcement
Jessica McLoughlin, Director, Educator Standards and Testing
Attachment:
Text of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, §230.1, Definitions