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September 2015 Committee on School Initiatives Item 2

 Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments

September 11, 2015

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 revise 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments. The proposed amendments to 19 TAC §§231.49, 231.65, 231.71, 231.73, 231.75, 231.77, 231.211, 231.213, 231.241, 231.573, and 231.591 and proposed new 19 TAC §§231.81, 231.193, 231.195, 231.395, 231.579, and 231.581 would clarify the appropriate credential for placement in a particular teaching assignment.

STATUTORY AUTHORITY:
The statutory authority for 19 TAC Chapter 231, Subchapters C and E, is the Texas Education Code (TEC), §21.031(a) and §21.041(b)(1) and (2).

EFFECTIVE DATE:
The proposed effective date of the proposed amendments to 19 TAC §§231.49, 231.65, 231.71, 231.73, 231.75, 231.77, 231.211, 231.213, 231.241, 231.573, and 231.591 and proposed new 19 TAC §§231.81, 231.193, 231.195, 231.395, 231.579, and 231.581 would be October 18, 2015.

PREVIOUS BOARD ACTION:
None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Current 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapters C and E, provide guidance to school districts with regard to the certificates required for Grades 6-8 and Grades 9-12 assignments of public school educators for ease of use by school district personnel.

The proposed revisions to 19 TAC Chapter 231, Subchapters C and E, shown in Attachment II, would identify the appropriate certificates for placement in particular Grades 6-8 and Grades 9-12 classroom assignments.

Subchapter C. Grades 6-8 Assignments

Language in 19 TAC §231.49 and §231.65 would be amended to clarify some grade level assignments for Grades 7-12 and Grades 8-12 certificates. In addition, §231.65 would be amended to add the Life Science: Grades 7-12 certificate for the Science, Grades 7 and 8, assignment, to renumber the remaining paragraphs accordingly, and to remove the duplicate Science: Grades 8-12 certificate. Language in 19 TAC §§231.71, 231.73, and 231.75 would be amended to specify that there are three levels for Art, Music, and Theatre. Also, 19 TAC §231.77 would be amended to add the Technology Applications: Grades 7-12 certificate and the remaining paragraph would be renumbered accordingly.

Proposed new 19 TAC §231.81 would be added to address the expansion of the Texas Essential Knowledge and Skills (TEKS) to include a Grades 6-8 assignment for Fine Arts: Dance, Middle School 1-3.

Subchapter E. Grades 9-12 Assignments

Proposed new 19 TAC §§231.193, 231.195, 231.395, 231.579, and 231.581 would be added to incorporate career and technical education (CTE) courses approved by the SBOE to satisfy mathematics or science credit. Language would be amended in 19 TAC §231.211 and §231.213 to add appropriate certificates for those assignments, and the remaining paragraphs would be renumbered accordingly. Also, language would be amended in 19 TAC §§231.241, 231.573, and 231.591 to clarify that an assignment for Theatre would include Musical Theatre, to remove a training requirement for a Principles of Technology, Grades 9-12, assignment, and to clarify a training requirement for the Practicum in Transportation, Distribution, and Logistics, Grades 9-12, assignment, respectively. These changes provide districts additional flexibility while ensuring educators assigned to teach these courses have the appropriate training in work-based safety and other topics. The proposed change to §231.591(c) is not intended to remove the requirement for training in federal and state requirements for work-based learning and safety, when such training is appropriate to the specific assignment. Instead, the proposed amendment to §231.591(c) more broadly and clearly captures the required training that may be appropriate in any given content area. In addition, the title in Division 18 would be amended to Hospitality and Tourism to align with the TEKS for career and technical education.

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 rules by a vote of at least two-thirds of the members of the SBOE present and voting, but may not modify a rule. The rules take effect as rules of the SBEC if the SBOE fails to review the rules contained in this item by October 22, 2015, which is the 90th day after the date the SBOE first received the proposed rules.

FISCAL IMPACT:
The Texas Education Agency staff has determined that there is no additional fiscal impact on state and local governments and there are no additional costs to persons or entities required to comply with the proposed rule actions. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT:
The public and student benefit anticipated as a result of the proposed rule actions would be updated requirements relating to the assignment of educators in Texas public schools.

PROCEDURAL AND REPORTING IMPLICATIONS:
The proposed rule actions would have no procedural and reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule actions would have no locally maintained paperwork requirements.

PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of comments received by the SBEC on its proposed rule will be shared with the SBOE under separate cover prior to this SBOE meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

MOTION TO BE CONSIDERED:
The State Board of Education:

Take no action on the proposed revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments.

Staff Members Responsible:
Ryan Franklin, Associate Commissioner
Educator Leadership and Quality

Marilyn Cook, Director
Educator Certification

Attachments:
I. Statutory Citations (PDF, 12KB)
II. Text of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6-8 Assignments, and Subchapter E, Grades 9-12 Assignments (PDF, 55KB)