November 2020 Committee on School Initiatives Item 6

Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6–12 Assignments; Subchapter E, Grades 9–12 Assignments; Subchapter F, Special Education–Related Services Personnel Assignments; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments

November 20, 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 make revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6–12 Assignments; Subchapter E, Grades 9–12 Assignments; Subchapter F, Special Education–Related Services Personnel Assignments; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments. The proposed revisions would implement the statutory requirements in House Bill (HB) 3, 86th Texas Legislature, 2019, that requires that all master teacher certificates be designated as "legacy" certificates and recognized for assignment purposes until they expire. The proposed revisions would also incorporate courses approved by the State Board of Education (SBOE), would add certificate areas to the list of credentials appropriate for placement into an assignment, and would reorganize current provisions to improve readability and align citations.

STATUTORY AUTHORITY: Texas Education Code (TEC), §§21.031(a), 21.041(b)(1) and (2), and 21.064, as amended by HB 3, 86th Texas Legislature, 2019.

TEC, §21.031(a), states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators.

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.

TEC, §21.041(b)(2), requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

TEC, §21.064, as amended by HB 3, 86th Texas Legislature, 2019, required the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

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 231 establish the personnel assignments that correlate with appropriate certifications and are organized as follows: Subchapter A, Criteria for Assignment of Public School Personnel; Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6–12 Assignments; Subchapter E, Grades 9–12 Assignments; Subchapter F, Special Education–Related Services Personnel Assignments; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments.

These subchapters provide guidance to school districts and educators by providing a listing of courses by grade level and subject area and by identifying the corresponding certificates and other requirements for placement of individuals into classroom and/or campus assignments. This information assists districts with hiring and personnel assignment decisions.

The following is an overview of proposed revisions to 19 TAC Chapter 231 shown in the attachment.

Subchapter B. Prekindergarten–Grade 6 Assignments

HB 3 Legacy Master Teacher Updates

Proposed amendments to the following sections in Subchapter B would implement HB 3, 86th Texas Legislature, 2019, which requires all master teacher certificates be designated as "legacy" certificates and recognized for assignment purposes: §231.3(b)(15)–(17); §231.9(b)(11)–(13); §231.15(17)–(21); and §231.17(16).

§231.19. Languages Other Than English, Grades 1–6.

The proposed amendment in §231.19 would add Classical Languages and Discovering Languages and Cultures to align with the current list of SBOE-approved Languages Other Than English (LOTE) courses. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

Subchapter C, Grades 6–8 Assignments

HB 3 Legacy Master Teacher Updates

Proposed amendments to the following sections in Subchapter C would implement HB 3, which requires all master teacher certificates be designated as "legacy" certificates and recognized for assignment purposes: §231.49(19); §231.51(22); §231.61(14) and (15); §231.63(27); and §231.65(38) and (39).

§231.55. Languages Other Than English, Grades 6–8.

The proposed amendment in §231.55(a) would add Classical Languages and Discovering Languages and Cultures and delete Exploratory Languages and Cultural and Linguistic Topics for LOTE classrooms for Grades 6–8 to align with the current list of SBOE-approved LOTE courses. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6–12 Assignments

Proposed amendments in Subchapter D would streamline rules to prevent redundancy and confusion with SBOE and commissioner of education rules regarding student course credit so that the SBEC rules pertain only to educator certificates and assignments and provide clarity for district personnel, as student course credit decisions are determined by SBOE or Texas Education Agency (TEA) and not the SBEC.

§231.91. Reserve Officer Training Corps.

The proposed amendment in §231.91(d) would delete the provision pertaining to student course credit for Reserve Officer Training Corps classes because student course credit is not within the jurisdiction of the SBEC. Student course credit decisions are determined by the SBOE or TEA, not the SBEC.

§231.93. Athletics; Cheerleading; Drill Team; Marching Band.

The proposed amendment in §231.93(b) would delete the provision pertaining to student course credit for Athletics, Cheerleading, Drill Team, and Marching Band classes because student course credit is not within the jurisdiction of the SBEC. The proposed amendment in §231.93(a) would also provide technical formatting clean-up.

Subchapter E, Grades 9–12 Assignments

HB 3 Legacy Master Teacher Updates

Proposed amendments in the following divisions and sections in Subchapter E would implement HB 3, which requires all master teacher certificates be designated as "legacy" certificates and recognized for assignment purposes:

  • Division 1: §231.127(9) and §231.129(9);
  • Division 4: §231.191(4), §231.193(4), and §231.195(4);
  • Division 5: §231.201(9), §231.203(9), §231.205(7), §231.207(9), §231.209(9), §231.211(7), §231.213(7), §231.215(12), §231.217(12), §231.219(4);
  • Division 9: §231.271(c)(3);
  • Division 10: §231.283(a)(6) and §231.287(a)(4);
  • Division 15: §231.392(10), §231.394(a)(4), §231.395(a)(4), and §231.397(a)(4);
  • Division 17: §231.423(a)(8), and §231.425(a)(5);
  • Division 18: §231.445(a)(8);
  • Division 21: §231.503(a)(7);
  • Division 22: §231.525(a)(2);
  • Division 24: §231.565(a)(8), §231.569(a)(1), §231.573(a)(1), §231.575(a)(1), §231.577(a)(3), §231.579(a)(1), and §231.581(a)(1).

Aligning with SBOE and Necessary Updates

To reflect courses approved by the SBOE and make other necessary updates, the changes proposed in the specified divisions below would identify the appropriate certificates and/or training requirements for placement into various assignments.

Division 1. English Language Arts and Reading, Grades 9–12 Assignments.

§231.123. English I and II for Speakers of Other Languages, Grades 9–12.

The proposed amendment in §231.123(a) and (b) would add a new SBOE-approved course, English Language Development and Acquisition (ELDA) for Grades 9–12. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

§231.125. English as a Second Language, Grades 9–12.

The proposed amendment in §231.125 would delete the course English Language Development and Acquisition (ELDA) for Grades 9–12, because it would be duplicative of the language that would be added by the proposed amendment to §231.123(a). The proposed amendment to §231.125 would streamline the rules to provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

Division 2. Languages Other Than English, Grades 9–12 Assignments.

§231.151. Languages Other Than English, Grades 9–12.

The proposed amendment in §231.151 would add Levels I–VII for Languages Other than English; Classical Languages, Levels I–VII; Discovering Languages and Cultures; Seminars in Languages Other Than English; Seminar in Classical Languages; and Advanced Language for Career Exploration; and would delete Exploratory Languages and Cultural and Linguistic Topics for Grades 9–12 to align with the current list of SBOE-approved LOTE courses. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

§231.153. American Sign Language, Grades 9–12.

The proposed amendment in §231.153(a) would add Levels I–IV for American Sign Language for Grades 9–12 to specify the specific SBOE-approved courses. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

Division 3. Social Studies, Grades 9–12 Assignments.

§231.177. Ethnic Studies: Mexican American Studies, Grades 9–12.

The proposed amendment in §231.177 would change the section title to read, "Ethnic Studies, Grades 9–12," and would add the SBOE-approved course, Ethnic Studies: African American Studies, Grades 9–12, to the list of course offerings in the Ethnic Studies section and include the list of credentials appropriate to serve in this assignment. These proposed changes would provide for both ethnic studies courses, Mexican American Studies and African American Studies, to be taught by the same list of certificates appropriate to teach the courses.

Division 8. Technology Applications, Grades 9–12 Assignments.

Division 8 would be proposed for repeal, with current courses and appropriate certificates relocated to other sections in this chapter for clarity to the field.

Division 9. Career Development, Grades 9–12 Assignments.

§231.271. Career Development, Grades 9–12.

Section 231.271(a) would be reorganized to add new paragraph (1) to reflect current certificates for teaching career development for Grades 9–12 and would add new paragraph (2) that would provide holders of special education certificates an opportunity to teach career development courses, provided they complete the additional specified, TEA-approved career and technical education (CTE) training prior to teaching these courses. The proposed amendment would ensure that students who receive special education services have opportunities to enroll in these courses taught by teachers who are highly trained to provide appropriate supports. The proposed amendment would also provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Section 231.271(b) would be reorganized to add new paragraph (1) to reflect current certificates for project-based research courses for Grades 9–12 and would add new paragraphs (2) and (3) that would provide technology certificates to teach project-based research courses. A proposed amendment would remove a reference to vocational or CTE certificates. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Proposed new paragraphs (11)–(14) in §231.271(c) would add new certificates to teach the Applied Mathematics for Technical Professionals course for Grades 9–12. The proposed addition of "legacy" to paragraph (3) and the proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 10. Agriculture, Food, and Natural Resources, Grades 9–12 Assignments.

§231.289. Agriculture Equipment Design and Fabrication; Agricultural Structures Design and Fabrication; Agricultural Mechanics and Metal Technologies; Agricultural Power Systems; Oil and Gas Production, Grades 9–12.

The proposed amendment in §231.289 would delete from the section title, "Oil and Gas Production," and would delete the SBOE-approved courses Oil and Gas Production I and Oil and Gas Production II from the list of course offerings, as they would be duplicative because they have been reorganized to other sections of this chapter. The list of certificates appropriate to teach these courses remains the same. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 11. Architecture and Construction, Grades 9–12 Assignments.

§231.305. Architectural Design, Grades 9–12.

Proposed new §231.305(b)(9) and (10) would provide the appropriate certificates to teach architectural design courses for Grades 9–12. The additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would also ensure that holders of any home economics and homemaking certificates can teach the full course sequence under the architectural design program of study. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 12. Arts, Audio Video Technology, and Communications, Grades 9–12 Assignments.

§231.331. Professional Communications, Grades 9–12.

Proposed new §231.331(13) and (14) would add two technology applications certificates to teach the professional communications courses for Grades 9–12. The additional technology applications certification areas would allow certificate holders the opportunity to teach the entire sequence of courses in the program of study and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.333. Principles of Arts, Audio/Video Technology, and Communications, Grades 9–12.

Proposed new §231.333(12) and (13) would provide the appropriate certificates to teach the Principles of Arts, Audio/Video Technology, and Communications courses for Grades 9–12. The additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would also ensure that holders of Family and Consumer Sciences, Home Economics, and Homemaking certificates can teach the full course sequence under the fashion design program of study. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.335. Animation, Grades 9–12.

The proposed amendment in §231.335(a) would add two SBOE-approved courses, Digital Art and Animation and 3-D Modeling and Animation, for Grades 9–12, which the SBOE has moved to CTE. The proposed amendment would implement HB 963, 86th Texas Legislature, 2019, that required the SBOE to conduct a review of the Texas Essential Knowledge and Skills (TEKS) for CTE and technology application courses for Grades 9–12 and to consolidate courses and eliminate duplicative course, which resulted in moving these former technology application courses to CTE. The proposed amendment would also provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

§231.337. Audio/Video Production; Graphic Design and Illustration, Grades 9–12.

The proposed amendment in §231.337(a) would add three SBOE-approved courses, Web Game Development, Digital Design and Media Production, and Digital Communications in the 21st Century, for Grades 9–12, which the SBOE has moved to CTE for Grades 9–12. The proposed amendment would implement HB 963, 86th Texas Legislature, 2019, that required the SBOE to conduct a review of the TEKS for CTE and technology application courses for Grades 9–12 and to consolidate courses and eliminate duplicative course, which resulted in moving these former technology application courses to CTE. The proposed amendment would also provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The list of certificates appropriate to teach these courses remains the same.

§231.339. Photography, Grades 9–12.

Proposed new §231.339(a)(7) and (8) and §231.339(b)(7) and (8) would add technology applications certificates to teach the photography courses for Grades 9–12. The additional technology applications certification areas would allow certificate holders the opportunity to teach the entire sequence of courses in the program of study and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Section 231.339(a)(7)–(9) would be renumbered to §231.339(a)(9)–(11) for technical formatting purposes.

§231.341. Printing and Imaging Technology, Grades 9–12.

Proposed new §231.341(a)(4)–(8) and (b)(4)–(8) would provide the appropriate certificates to teach the printing and imaging technology courses for Grades 9–12. The additional certification areas of Technology Applications, Technology Education, Industrial Arts, and Industrial Technology would allow certificate holders the opportunity to teach the entire sequence of courses in the program of study and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 13. Business Management and Administration, Grades 9–12 Assignments.

§231.361. Business Information Management; Business Law; and Touch System Data Entry, Grades 9–12.

The proposed amendment in §231.361(a) would separate Business Information Management II, Business Law, and Touch System Data Entry from Business Information Management I to conform with changes to SBOE rules that have made Business Information Management I a pre-requisite for Health Informatics. Proposed new §231.361(a)(4)–(7) would provide the appropriate certificates to teach the Business Information Management I course for Grades 9–12. The proposed addition of the marketing certificates to the list of credentials appropriate for this assignment would acknowledge the overlapping knowledge and skills in occupations of business, marketing, and finance and would allow the Marketing certificate holder to also teach business management courses. Making the health science certificates eligible to teach Business Information Management I would facilitate an educator's ability to teach each course in the program of study. Health science certified teachers with industry experience in health informatics have the practical application and/or knowledge of how Business Information Management I knowledge and skills are implemented in the health informatics occupations, but would not necessarily possess the depth of knowledge to provide instruction to the other courses (Business Information Management II, Business Law, or Touch System Data Entry). Additionally, those courses are not included in the health informatics program of study. The proposed additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

The proposed amendment to §231.361 would add a new subsection (b) to delineate the appropriate certificates to teach Business Information Management II, Business Law, and Touch System Data Entry. The proposed new subsection would allow Marketing certificate holders to teach these courses; would acknowledge the overlapping knowledge and skills in occupations of business, marketing, and finance; and would allow the Marketing certificate holder to also teach business management courses.

Section 231.361(b) would be relettered to §231.361(c) for technical formatting purposes, and the cross reference in relettered subsection (c) would be changed to subsection (d) to provide the appropriate cross reference. Proposed new subsection (c)(4) and (5) would provide marketing certificates to teach the appropriate business management courses for Grades 9–12. The additional marketing certificates would align with the program of study course sequence and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction.

Section 231.361(c) would be relettered to §231.361(d) for technical formatting purposes.

§231.365. Business English, Grades 9–12.

Proposed new §231.365(a)(12) and (13) would provide the marketing certificates to teach the Business English course for Grades 9–12. Several occupations in business, marketing, and finance have overlapping required skills and knowledge. Due to the overlap, when developing programs of study, the SBOE decided to combine the three career clusters. In an effort to create equity between two certificates, Business Management and Marketing, the proposed amendment would add the Marketing certification for any course that allowed the Business Management certification provided the necessary content was covered in the postsecondary instruction. An individual with a Marketing certification possesses the requisite skills to teach Business English since the content necessary to have a solid foundation in business is included in the college coursework and would allow the Marketing certificate holder to teach all courses in the program of study.

Division 15. Finance, Grade 9–12 Assignments.

§231.392. Money Matters, Grades 9–12.

Proposed new §231.392(9)–(16) would provide the appropriate mathematics certificates to teach the Money Matters course for Grades 9–12. The content in the Money Matters course aligns with teacher content knowledge required for Mathematics certification. The proposed additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.393. Accounting I; Financial Analysis; Insurance Operations; and Securities and Investments, Grades 9–12.

Proposed new §231.393(4) and (5) would provide the appropriate marketing certificates to teach Accounting I; Financial Analysis; Insurance Operations; and Securities and Investments courses for Grades 9–12. The proposed amendment would allow Marketing certificate holders to also teach these courses, as there is overlap in the required skills and knowledge for occupations in business, marketing, and finance. The addition of marketing certificates would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would enable these educators to teach the entire program of study course sequence. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.394. Statistics and Business Decision Making, Grades 9–12.

Proposed new §231.394(a)(12) and (13) would provide the appropriate marketing certificates to teach the Statistics and Business Decision Making course for Grades 9–12. The proposed amendment would allow Marketing certificate holders to also teach these courses as there is overlap in the required skills and knowledge for occupations in business, marketing, and finance. The addition of the marketing certificates would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would enable these educators to teach the entire program of study course sequence. The proposed addition of "legacy" to paragraph (4) and the proposed new paragraphs would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.395. Financial Mathematics, Grades 9–12.

Proposed new §231.395(a)(12) and (13) would provide the appropriate marketing certificates to teach the Financial Mathematics course for Grades 9–12. The proposed amendment would allow Marketing certificate holders to also teach these courses as there is overlap in the required skills and knowledge for occupations in business, marketing, and finance. The addition of marketing certificates would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would enable these educators to teach the entire program of study course sequence. The proposed amendment, including the proposed addition of "legacy" to paragraph (4), would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.397. Accounting II, Grades 9–12.

Proposed new §231.397(a)(12) and (13) would provide the appropriate marketing certificates to teach the Accounting II course for Grades 9–12. The proposed amendment would allow Marketing certificate holders to also teach these courses as there is overlap in the required skills and knowledge for occupations in business, marketing, and finance. The addition of the marketing certificates would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction and would enable these educators to teach the entire program of study course sequence. The proposed amendment, including the proposed addition of "legacy" to paragraph (4), would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 17. Health Science, Grades 9–12 Assignments.

§231.421. Health Science, Grades 9–12.

The proposed amendment in §231.421(a) would separate Medical Terminology from the other courses listed in subsection (a) and move it to new subsection (b). The proposed amendment would provide guidance on the appropriate certificates to teach Medical Terminology for Grades 9–12, which establishes a foundation for key terms that will be utilized throughout the four levels of courses within the healthcare diagnostics program of study. The SBOE expanded the list of certificates for this course to reflect the numerous science certificate holders that have the knowledge and skills necessary to effectively provide student instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments. The proposed amendment would include relettering for technical formatting purposes.

§231.427. Health Informatics, Grades 9–12.

Proposed new §231.427(8) and (9) would provide the appropriate marketing certificates to teach the Health Informatics course for Grades 9–12. The additional Marketing certification areas would align with the addition of the Marketing certification areas in §231.361, Business Information Management I, as that course is a prerequisite to teach Health Informatics and establishes reciprocity in certificate requirements for assignments that cross subject areas. The proposed amendment would also increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 20. Information Technology, Grades 9–12 Assignments.

§231.483. Digital Media; Web Technologies, Grades 9–12.

The proposed amendment in §231.483 would delete the section title, "Web Technologies," and would delete Web Technologies from the list of course offerings for Grades 9–12, as the course has been repealed by the SBOE. The proposed amendment would implement HB 963, 86th Texas Legislature, 2019, that required the SBOE to conduct a review of the TEKS for CTE and technology application courses for Grades 9–12 and to consolidate courses and eliminate duplicative course, which resulted in this course being deemed duplicative and repealed by the SBOE in favor of the technology applications courses. The list of certificates appropriate to teach these courses remains the same. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.485. Web Communications, Web Design, Grades 9–12.

Proposed new §231.485, Web Communications, Web Design, Grades 9–12, would replace §231.485, Computer Programming, proposed for repeal, to align with the SBOE review of CTE and technology applications courses required by HB 963, 86th Texas Legislature, 2019. This proposed change would reflect the move of these courses into CTE as a result of the HB 963 review. The proposed changes would also provide the appropriate courses and certificates to teach those courses in line with other CTE courses and would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.487. Computer Maintenance, Grades 9–12.

Proposed new §231.487(7) and (8) would provide the appropriate technology applications certificates to teach the Computer Maintenance course for Grades 9–12. The additional technology applications certificates would align with certificate requirements to teach Computer Technician and Practicum in Computer Technician courses and would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.491. Independent Study in Evolving/Emerging Technologies, Independent Study in Technology Applications, Grades 9–12.

Proposed new §231.491 would provide the SBOE-approved courses, Independent Study in Evolving/Emerging Technologies and Independent Study in Technology Applications, for Grades 9–12 with the appropriate certificates to teach those courses. The ability to allow any CTE or vocational certificate holder to teach these courses would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 22. Manufacturing, Grades 9–12 Assignments.

§231.521. Manufacturing, Grades 9–12.

Proposed new §231.521(b)(9)–(11) would provide the appropriate agriculture certificates to teach the Manufacturing course for Grades 9–12. Teachers with an agriculture certificate can teach the courses preceding and required for the practicum in Manufacturing course so the proposed change would enable the teachers with an agriculture certificate to teach the entire series of courses in a program of study. The proposed amendment would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 23. Marketing, Grades 9–12 Assignments.

§231.541. Marketing, Grades 9–12.

Proposed new §231.541(a)(4)–(7) and §231.541(b)(4)–(7) would provide the appropriate business certificates to teach the Marketing course for Grades 9–12. The additional certificate areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.543. Advertising, Grades 9–12.

Proposed new §231.543(7)–(9) would provide the appropriate business certificates to teach the Advertising course for Grades 9–12. The additional certificate areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.545. Fashion Marketing, Grades 9–12.

Proposed new §231.545(6)–(9) would provide the appropriate business certificates to teach the Fashion Marketing course for Grades 9–12. The additional certificate areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

Division 24. Science, Technology, Engineering, and Mathematics, Grades 9–12 Assignments.

§231.567. Engineering Design and Presentation, Grades 9–12.

Proposed new §231.567(b)(1)–(7) would provide the appropriate certificates to teach the Engineering Design and Presentation courses for Grades 9–12. Teachers with an agriculture certification can teach Levels I–III engineering courses in Science, Technology, Engineering, and Mathematics (STEM), so the proposed change would enable the teachers with an agriculture certification to also teach the advanced course option for the engineering program of study. The proposed amendment would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed amendment would provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments and would include renumbering paragraphs (1)–(9) to paragraphs (8)–(16) for technical formatting purposes.

Further Alignment with the SBOE's Implementation of Legislative Changes

The remaining amendments to Division 24 would include proposed new §231.591 and proposed new §§231.585, 231.587, 231.589, 231.593, and 231.595 (relocated from Division 8) that would implement HB 963, 86th Texas Legislature, 2019, which required the SBOE to conduct a review of the TEKS for CTE and technology application courses for Grades 9–12 and to consolidate courses and eliminate duplicative courses. The review the SBOE conducted would result in proposed changes to SBEC rules to relocate courses from Division 8, relating to Technology Applications, to Division 24, Science, Technology, Engineering, and Mathematics, to reflect that the SBOE has reclassified those courses as CTE and to repeal Division 8 to prevent duplication. Any resulting additional certification areas would increase district flexibility in course offerings for students by expanding the list of certified educators with the knowledge and skills to successfully provide the necessary instruction. The proposed new sections would also provide clarity for district personnel to place educators with the appropriate credentials into classroom assignments.

§231.585. Computer Science, Grades 9–12.

Proposed new §231.585 would relocate the current provisions in §231.251 that are proposed for repeal in Division 8 into Division 24 to reflect that the SBOE has reclassified the Computer Science course as a CTE course. There would be no changes to the list of certificates appropriate to teach these courses.

§231.587. Fundamentals of Computer Science, Advanced Placement Computer Science Principles, Grades 9–12.

Proposed new §231.587 would relocate the current provisions in §231.257 that are proposed for repeal in Division 8 into Division 24 to reflect that the SBOE has reclassified the Fundamentals of Computer Science or Advanced Placement Computer Science Principles course as a CTE course. The new section would also add trade and industrial education certifications as permissible to teach the course for Grades 9–12.

§231.589. Game Programming and Design, Grades 9–12.

Proposed new §231.589 would maintain the current provisions in §231.257 that are proposed for repeal for the Game Programming and Design course for Grades 9–12, while moving it into Division 24 to reflect that the SBOE has reclassified the course as a CTE course. The new section would also add trade and industrial education certifications as permissible to teach the course.

§231.591. Mobile Applications Development, Grades 9–12.

Proposed new §231.591 would add the SBOE-approved course Mobile Applications Development for Grades 9–12 and the appropriate certificates to teach that course into Division 24 to reflect that the SBOE has reclassified it as a CTE course. The course was previously referenced in §231.257, which is proposed for repeal.

§231.593. Cybersecurity, Grades 9–12.

Proposed new §231.593 would maintain the current provisions in §231.259 regarding Cybersecurity courses for Grades 9–12, while moving it into Division 24 to reflect that the SBOE has reclassified it as a CTE course. There would be no changes to the list of certificates appropriate to teach these courses.

§231.595. Discrete Mathematics for Computer Science, Grades 9–12.

Proposed new §231.595 would maintain the current provisions in §231.255 regarding Discrete Mathematics for Computer Science for Grades 9–12, while moving it into Division 24 to reflect that the SBOE has reclassified it as a CTE course. The new section would also add trade and industrial education certifications as permissible to teach the course.

Division 25. Transportation, Distribution, and Logistics, Grades 9–12 Assignments.

TEA staff is proposing a repeal and replacement for Division 25, Transportation, Distribution, and Logistics, Grades 9–12, that would address expansion of course numbers in the previous division and correct the numbering for this division. The course information for Division 25 has been renumbered for technical formatting purposes to provide enough room to include current provisions as well as add additional courses approved by the SBOE along with corresponding certificates. The attachment presents the proposed renumbering of rules.

Division 26. Energy, Grades 9–12 Assignments.

Proposed new Division 26 would add the new Energy cluster to align with curriculum changes and would provide clarity on SBOE-approved courses and the appropriate certificates to teach those courses.

§231.651. Energy and Natural Resources, Grades 9–12.

Proposed new §231.651 would add seven new SBOE-approved courses, Oil and Gas Production I–IV; Introduction to Process Technology; Foundations of Energy; or Petrochemical Safety, Health, and Environment, for Grades 9–12 and would provide guidance on the assignment to teach the courses. TEA staff in Educator Certification, Curriculum, and Career and Technical Education worked together closely to discuss proposed rule changes. TEA staff identified certificates appropriate to teach courses based on alignment of knowledge and skills assessed on examinations for certificate issuance to the certificate holder's ability to successfully instruct students in the TEKS for a specified subject area and course offering.

Subchapter F. Special Education–Related Services Personnel Assignments

The proposed revisions to Subchapter F would address the need to expand course numbering in previous subchapters of the rules. The proposed revisions would include the current rules, renumbered to allow for additional rules in 19 TAC Chapter 231. The attachment presents the reorganization of Subchapter F by proposing for repeal §§231.611, 231.613, 231.615, 231.617, 231.619, 231.621, and 231.623, renumbered as proposed new §§231.701, 231.703, 231.705, 231.707, 231.709, 231.711, and 231.713. The content of the rules remains the same.

Subchapter G. Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments

The proposed revisions to Subchapter G would address the need to expand course numbering in previous subchapters of the rules. The proposed revisions would include the current rules, renumbered to allow for additional rules in 19 TAC Chapter 231. The attachment presents the reorganization of Subchapter G by proposing for repeal §§231.641, 231.643, and 231.645, renumbered as proposed new §§231.751, 231.753, and 231.755. The content of the rules remains the same.

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 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 create new regulations, would repeal existing regulations, and would expand existing regulations by incorporating courses approved, reconfigured, or redesigned by the SBOE and by adding certification areas to the list of credentials appropriate for placement into an assignment. 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 limit 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 will be clear guidance for districts on appropriate credentials for placement of individuals into classroom, administrative, and support personnel assignments. The TEA 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 revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments; Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6–12 Assignments; Subchapter E, Grades 9–12 Assignments; Subchapter F, Special Education–Related Services Personnel Assignments; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments.

Staff Members Responsible:
Ryan Franklin, Associate Commissioner, Educator Leadership and Quality
Marilyn Cook, Director, Educator Certification

Attachment: 
Text of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments; Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6–12 Assignments; Subchapter E, Grades 9–12 Assignments; Subchapter F, Special Education–Related Services Personnel Assignments; and Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments