November 2022 Committee on School Initiatives Item 3
Review of Proposed Revisions to 19 TAC Chapter 241, Certification as Principal
November 18, 2022
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 241, Certification as Principal. The proposed revisions would implement House Bill (HB) 159, 87th Texas Legislature, Regular Session, 2021, to update the educator standards for the Principal as Instructional Leader certificate to reflect the qualifications of certification as a principal. The proposed revisions would also repeal outdated Subchapter B, Principal Certificate, and would provide technical edits where needed.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 241 is the Texas Education Code (TEC), §§21.003(a); 21.040(2); 21.041(b)(1)-(4); 21.046(b), as amended by HB 159, 87th Texas Legislature, Regular Session, 2021, (c), and (d); and 21.054(a) and (e).
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, §21.040(2), requires the SBEC to appoint an advisory committee composed of members of each class of certificate to recommend standards for that class to the Board.
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; and 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.
TEC, §21.046(b), as amended by HB 159, 87th Texas Legislature, Regular Session, 2021, states the qualifications for certification as a principal requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours, and requires that the qualifications emphasize instructional leadership, including the ability to create an inclusive school environment and to foster parent involvement; administration, supervision, and communication skills; curriculum and instruction management, including curriculum and instruction management for students with disabilities; performance evaluation; organization; and fiscal management.
TEC, §21.046(c), requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success.
TEC, §21.046(d), states that the SBEC shall consider competencies developed by relevant national organizations and the State Board of Education (SBOE).
TEC, §21.054(a) and (e), require the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements, including particular continuing education requirements for principals.
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 241, Certification as Principal, establish all of the requirements for certification and educator preparation program (EPP) minimum standards for issuance of a principal certificate. The proposed revisions to Chapter 241 would implement HB 159, 87th Texas Legislature, Regular Session, 2021. Additionally, the revisions would update Chapter 241 to repeal the outdated Principal certificate. The following is a description of the proposed revisions included in the attachment.
HB 159 Implementation
To align with statutory requirements in HB 159, the proposed revisions would update the educator standards for the Principal as Instructional Leader certificate to ensure that the qualifications for certification as a principal emphasize the ability to create an inclusive school environment and to foster parental involvement, as well as to include curriculum and instruction management for students with disabilities. The following changes would update the standards as required by HB 159.
School Culture Educator Standard
The proposed amendment to §241.15(b)(12) would implement HB 159's amendment to TEC, §21.046(b)(1), by adding the phrase, "creates an inclusive school environment," to the educator standard regarding the safety of staff and students. Similarly, the proposed amendment to §241.15(b)(13) would implement HB 159's amendment to TEC, §21.046(b)(1), by adding the phrase, "fosters parent involvement," to the educator standard regarding campus culture.
Leading Learning Educator Standard
The proposed amendment to §241.15(c)(4) would implement HB 159's amendment to TEC, §21.046(b)(3), by adding the phrase, "including the needs of students with disabilities," to the educator standard regarding campus curricular, co-curricular, and extracurricular programs. Additionally, the proposed amendment to §241.15(c)(7) would implement HB 159's amendment to TEC, §21.046(b)(3), by adding the phrase, "including curriculum and instruction management for students with disabilities," to the educator standard regarding campus curriculum.
Ethics, Equity, and Diversity Educator Standard
The proposed amendment to §241.15(g)(7) would implement HB 159's amendment to TEC, §21.046(b)(3), by adding the phrase, "including instructional and curricular supports for students with disabilities," to the educator standard regarding special instructional programs and services. The proposed amendment to §241.15(g)(10) would implement HB 159's amendment to TEC, §21.046(b)(1), by adding the phrase, "to create an inclusive school environment," to the educator standard regarding developing strong, positive relationships with all members of the community.
Chapter Reorganization and Technical Edits
The proposed revisions to Chapter 241 would reorganize the chapter as outlined below.
- Subchapter B, Principal Certificate, would be repealed to allow for the removal of the outdated Principal certificate that is no longer issued. This would provide clarity to the field on the current SBEC-issued certification as principal.
- The title and distinction for Subchapter A, Principal as Instructional Leader Certificate and Endorsement, would be deleted since it would no longer be necessary to distinguish it from the defunct Principal certificate requirements, given that all the requirements for the current certificate and endorsement are reflected in the chapter.
The proposed amendment would provide a technical edit to the certificate naming convention in §§241.1, 241.5, 241.20, and 241.30.
The proposed amendment to §241.20 would remove outdated language regarding the piloted Principal as Instructional Leader examination. This will provide clarity to the field that the only examination for the certificate is the one noted in 19 TAC Chapter 230, Professional Educator Preparation and Certification, regarding the assessment of educators. The proposed amendment would also provide a technical edit to fine-tune the cross reference to 19 TAC Chapter 153, Subchapter CC, and to §241.10.
The proposed amendment to §241.30 would update the title and subsection (a) to include the Principal certificate to clarify the provisions for individuals to renew a Principal certificate as prescribed in 19 TAC Chapter 232, Certificate Renewal and Continuing Professional Education Requirements. This will provide clarity to the field with the repeal of Subchapter B, Principal Certificate, to ensure individuals have the proper information regarding renewing their Principal certificate.
The proposed amendment to §241.35(a) would remove outdated language and reorder the section accordingly.
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. Texas Education Agency (TEA) staff has determined that there are potential fiscal implications to state and local governments and small businesses as a result of the proposal. The proposed new requirements for principal candidates to be qualified regarding educating students with disabilities may require EPPs to create new curriculum, leading to increased costs for EPPs run by state or local government entities associated with developing that curriculum for each year of the first five years the proposed rule is in effect, but that impact is created by the statutory requirement from HB 159, 87th Texas Legislature, Regular Session, 2021, and not the agency regulation. There are no additional costs or savings to entities required to comply with the proposal beyond that which the authorizing statute requires.
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 proposed new requirement for EPPs to integrate principal standards on educating students with disabilities is likely to increase costs for programs run by small businesses associated with updating aligned curriculum and training for each year of the first five years the proposed rule is in effect, but that impact is created by the statutory requirement from HB 159, 87th Texas Legislature, Regular Session, 2021, and not the agency regulation. There are no additional costs or savings to entities required to comply with the proposal beyond that which the authorizing statute requires.
COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed. The proposed new requirements for EPPs to include curriculum regarding creating an inclusive campus environment and educating students with disabilities are likely to increase costs for EPPs, including those run by state or local government entities, associated with developing that curriculum for each year of the first five years the proposed rule is in effect. However, these costs are necessary to implement legislation, specifically HB 159, 87th Texas Legislature, Regular Session, 2021. The proposal, 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 TEA staff has determined that the proposed amendments would create a new regulation that requires EPPs to include curriculum regarding creating an inclusive campus environment and educating students with disabilities, but that impact is created by the statutory requirements of HB 159, 87th Texas Legislature, Regular Session, 2021.
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 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 anticipated as a result of the proposal would be that candidates for the Principal as Instructional Leader certificate can demonstrate essential competencies expected of a beginning principal. There is no anticipated cost to persons who are 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 that 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 revisions to 19 TAC Chapter 241, Certification as Principal.
Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Jessica McLoughlin, Director, Talent Pathways
Attachment:
Text of Proposed Revisions to 19 TAC Chapter 241, Certification as Principal