September 2016 Committee on School Initiatives Item 1

Review of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs

September 16, 2016

COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs. The proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, 227.17, 227.19, and 227.20 would include changes to provide clarification to questions that Texas Education Agency (TEA) staff has received from educator preparation programs (EPPs) and applicants to EPPs. In addition, the proposed amendments would clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 227, Subchapter A, is the Texas Education Code (TEC), §§21.031, 21.044(a) and (g)(3), 21.0441, 21.049(a), and 21.050(a).

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, §21.044(a), requires the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and to specify the minimum academic qualifications required for a certificate.

TEC, §21.044(g)(3), requires EPPs to provide certain information on EPP performance.

TEC, §21.0441, requires the SBEC to adopt rules setting certain admission requirements for EPPs.

TEC, §21.049(a), authorizes the SBEC to propose rules providing for educator certification programs as an alternative to traditional EPPs.

TEC, §21.050(a), states that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under TEC, Chapter 28, Subchapter A.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, 227.17, 227.19, and 227.20 would be October 23, 2016.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Chapter 227, Subchapter A, provides for rules that establish requirements for admission to an EPP. The TEC, §21.031, states that the SBEC is established to oversee all aspects of the certification and continuing education of public school educators and to 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. The TEC, §21.049, authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional EPPs. The proposed amendments would include changes to provide clarification to questions that TEA staff has received from EPPs and applicants to EPPs after revisions to the chapter were adopted by the SBEC in December 2015.

General Provisions

In accordance with the TEC, §21.044, language to require EPPs to provide information regarding the performance over time of the EPP was added to 19 TAC §227.1(c) in December 2015. After the adoption of the amendment, EPPs asked how many years of performance data needed to be provided. Language would be added that would specify five years of performance data be provided by EPPs to clarify the new standard and ensure consistency among EPPs in the state.

Definitions

After the definition of applicant was added to 19 TAC §227.5 in the December 2015 adoption, EPPs asked for clarification on this definition. The definition of applicant would be amended to clarify that an applicant is an individual seeking admission to an EPP for "any class of certificate." This proposed amendment would clarify the definition and ensure consistency among EPPs in the state.

The definition of candidate in 19 TAC §227.5 would be amended to align the definition with the same definition in 19 TAC Chapters 228, 229, and 230, which are presented as separate items in this agenda. Also, definitions for certification category and certification class would be added in 19 TAC §227.5 so that the definitions align with the language used in 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter D, Types and Classes of Certificates Issued, and 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The definitions would include "also known as certification field" so that the common term for categories and classes can continue to be used by TEA staff and EPPs. To align the definitions across all chapters, these changes would be made in 19 TAC §227.5 with conforming changes made throughout the chapter.

In accordance with the TEC, §21.0441, language to require an applicant to an EPP to pass an appropriate content matter examination to be eligible for an exception to the minimum GPA requirement was added to 19 TAC §227.5 in December 2015. After the adoption of the amendment, EPPs asked for clarification regarding the difference between a content matter examination and a content certification examination. A definition for content certification examination would be added to this section so that the term can be used in the appropriate sections of this chapter. The proposed definition would also align with the definition used in other chapters of the TAC.

After the definition of contingency admission was amended in 19 TAC §227.5 in the December 2015 adoption, EPPs asked for clarification on which admission requirements needed to be met for an applicant to be considered for contingent admission. The definition of contingency admission would be amended to clarify that an applicant must meet all of the admission requirements specified in 19 TAC §227.10 with the exception of a pending degree being conferred.

After the definition of post-baccalaureate program was added to 19 TAC §227.5 in the December 2015 adoption, EPPs asked for clarification on the difference between a post-baccalaureate program at an institution of higher education (IHE) and an alternative certification program at an IHE. The definition of post-baccalaureate program would be amended to clarify that a post-baccalaureate program is designed for individuals who are seeking certification and an additional degree while an alternative certification program at an IHE is designed for individuals who are only seeking certification.

The definition of internship would be removed from 19 TAC §227.5 because this term is not used in 19 TAC Chapter 227. The remaining definitions would be renumbered as necessary.

Admission Criteria

A minor technical edit to the language in 19 TAC §227.10(a)(3) would be made to clarify that the minimum grade point average (GPA) requirement is for admission into an EPP.

After the language in 19 TAC §227.10(a)(3)(A) was amended in the December 2015 adoption, EPPs asked for clarification on which documentation should be used to determine the admission GPA. Language would be amended to clarify that an official transcript is to be used to determine the admission GPA.

After the language in 19 TAC §227.10(a)(3)(A)(ii)(I) was added in the December 2015 adoption, EPPs asked for clarification on how an EPP should determine the admission GPA for the last 60 hours of coursework for applicants who had less than 60 semester credit hours at the IHE in which they are currently enrolled. Language would be amended to clarify that an EPP may use transcripts from previously attended IHEs to determine the admission GPA for the last 60 hours of coursework for applicants who had less than 60 semester credit hours at the IHE in which they are currently enrolled.

After the language in 19 TAC §227.10(a)(3)(A)(ii)(II) was added in the December 2015 adoption, EPPs asked for clarification on whether an EPP could use grades for coursework from an IHE that were earned after an applicant had been conferred a degree but the applicant was not currently enrolled in the IHE from which the grades were earned. Language would be amended to clarify that an EPP may use grades from an applicant's most recent transcript to determine the admission GPA for the last 60 hours of coursework if an applicant earned grades for coursework after the applicant's most recent degree. This amendment would allow an applicant who had started an additional degree but was not able to finish the degree before seeking admission to an EPP to use the additional coursework on the most recent transcript to meet the minimum GPA requirement. By allowing applicants to use grades from coursework completed after a bachelor’s degree, the rules would comport with the statutory language that requires a GPA of at least 2.5 for the last 60 semester credit hours attempted at a public or private IHE.

After the language in 19 TAC §227.10(a)(3)(B)(ii) was added in the December 2015 adoption, EPPs and applicants to programs asked for clarification on the eligibility criteria for the 10% exception to the minimum GPA requirement. Language would be amended to clarify that an applicant to a teacher preparation program must pass the appropriate content certification examination to meet the subject matter requirement of the TEC, §21.0441. Also, language would be amended so that TEA staff can administratively approve requests for an applicant who has previously been enrolled in an EPP to register for a content certification examination unless the applicant is seeking to be readmitted to the EPP that had previously granted approval to attempt the content certification examination. This amendment would provide an efficient way for TEA staff to administratively approve registration requests for content certification examinations.

After the language in 19 TAC §227.10(a)(3)(B)(ii) was added in the December 2015 adoption, EPPs and applicants to programs also asked for clarification on the eligibility criteria for the 10% exception to the minimum GPA requirement as it applied to applicants for programs that lead to certification in a class other than classroom teacher. Because the SBEC does not currently have appropriate subject matter examinations for the student services, principal, and superintendent certificate classes, language would be added as 19 TAC §227.10(a)(3)(D) to identify the GRE® (Graduate Record Examinations) revised General Test as the appropriate subject matter examination for an applicant who does not meet the minimum GPA requirement and is seeking certification in a class other than classroom teacher.

Since published as proposed, language in 19 TAC §227.10(a)(3)(D) would be amended to clarify that the Educational Testing Service (ETS) will determine scores equivalent to a GPA of 2.5 on the Verbal Reasoning, Quantitative Reasoning, and Analytic Writing sections of the GRE® revised General Test. The language that was published as proposed identified the SBEC as the entity that would determine the equivalent scores. By amending the language in this way, ETS would provide equivalent scores to TEA staff, TEA staff would share the equivalent scores with the SBEC through an information item at an SBEC meeting, and any changes to the equivalent scores would also be shared with the SBEC through information items at subsequent SBEC meetings. Because ETS administers the GRE® revised General Test and has a procedure for determining equivalent GPA scores, this process would allow equivalent scores to be published on the TEA website in a timelier manner than requiring the SBEC to determine and approve equivalent scores. The equivalent scores to be used for the 2016-2017 academic year are included in Attachment III.

After the language in 19 TAC §227.10(a)(4)(D) was amended in the December 2015 adoption, EPPs and applicants asked for clarification on the procedures that TEA staff would use to allow an applicant who had previously enrolled in an EPP and wanted to register for a content certification examination for the purpose of admission into an EPP. Language would be amended so that TEA staff can administratively approve requests by an applicant who has previously been enrolled in an EPP to register for a content certification examination unless the applicant is seeking to be readmitted to the EPP that had previously granted approval to attempt the content certification examination. This amendment would provide an efficient way for TEA staff to administratively approve registration requests for content certification examinations.

After the language in 19 TAC §227.10(a)(5) was amended in the December 2015 adoption, EPPs asked for clarification on the requirements for an applicant to demonstrate basic skills in reading, written communication, and mathematics. Language would be amended to clarify that an applicant needs to meet the Texas Success Initiative (TSI) requirement (which is currently a passing score on the TSI Assessment offered by the College Board) or one of the exemptions, exceptions, or waivers listed in the Texas Higher Education Coordinating Board (THECB) rule 19 TAC §4.54 (which includes an associate's or higher degree from an accredited IHE). The TSI requirement is used by IHEs to assess a student's reading, written communication, and mathematics readiness to enroll in an entry-level freshman course.

After the language in 19 TAC §227.10(a)(6) was amended in the December 2015 adoption, EPPs asked for clarification on the English language proficiency requirement for applicants seeking career and technical education (CTE) certifications that do not require a bachelor's degree. Language would be amended to clarify that the equivalent of a high school diploma that was earned through an accredited high school in the United States can be used to meet the English language proficiency admission requirement for CTE certifications that do not require a degree from an IHE. Texas high school graduation requirements include proficiencies in the English language. EPPs and applicants also asked for clarification on the English language proficiency requirement for applicants to undergraduate university programs. Language would be added to clarify that the English language proficiency required for admission to the IHE can be used to meet the English language proficiency admission requirement of an EPP because admission requirements of accredited IHEs include proficiencies in the English language.

Language in 19 TAC §227.10(b) would be amended to clarify that EPPs may adopt additional requirements that are not in conflict with those required in 19 TAC §227.10. Also, technical edits would be made in 19 TAC §227.10 for clarity.

Since published as proposed, language would be added in 19 TAC §227.10(e) to allow an EPP at an entity that is accredited by an accrediting organization recognized by the THECB to use its own foreign credential evaluation service to meet the requirement described in 19 TAC §245.10(a)(2) if the entity is in good standing with its accrediting organization. By adding this language, applicants to EPPs at accredited entities that have their own foreign credential evaluation service would not be required to have their transcript reviewed by a foreign credential evaluation service recognized by TEA staff because the review by the accredited entity would be sufficiently reliable and accurate.

Contingency Admission

Language in 19 TAC §227.15(b) would be amended to clarify that an applicant's acceptance of an offer for contingent admission to an EPP needs to be in writing.

Since published as proposed, language would be amended in 19 TAC §227.15(b) to clarify that the effective date of an applicant's contingent admission to an EPP be the date that was included in the offer of contingency admission from the EPP. By amending the language in this way, the effective date of contingent admission to an EPP would be clearer and the EPP would have a clearer deadline of when to notify the TEA of an applicant's contingent admission.

During the public comment period of the December 2015 adoption of revisions to 19 TAC Chapter 227, the SBEC received a suggestion to require an EPP to notify the TEA of contingent admissions within five business days. TEA staff agreed with the suggestion, but because this additional clarification may have been considered a substantive change at adoption, this clarification was added to the draft reporting requirements in 19 TAC Chapter 229, which were discussed at the December 2015 SBEC meeting. Now that amendments to 19 TAC Chapters 227 and 229 are being recommended at the same time, language would be added as 19 TAC §227.15(c) to require an EPP to notify the TEA of contingent admissions within seven calendar days instead of five business days to provide a clearer deadline of when an EPP must notify the TEA of an applicant's admission to a program. The remaining subsections would be relettered accordingly.

After the language in 19 TAC §227.15(e) was amended in the December 2015 adoption, EPPs asked for clarification on whether post-baccalaureate programs and alternative certification programs at an IHE may admit candidates who had earned an undergraduate degree from the same IHE. Language would be amended to clarify that a post-baccalaureate program or an alternative certification program at an IHE may admit candidates who had been provided coursework or training by the IHE prior to contingent admission if the coursework or training was provided as part of the undergraduate degree.
 
Formal Admission

Similar changes in 19 TAC §227.17 would be made that were described as recommendations for 19 TAC §227.15.

Since published as proposed, language would be amended in 19 TAC §227.17(d) to clarify that the effective date of an applicant's formal admission to an EPP be the date that was included in the offer of formal admission from the EPP. By amending the language in this way, the effective date of formal admission to an EPP would be clearer and the EPP would have a clearer deadline of when to notify TEA of an applicant's formal admission.

Incoming Class Grade Point Average

After the language in 19 TAC §227.19(a)(2)(A) was added in the December 2015 adoption, EPPs asked for clarification on how an EPP should determine the admission GPA for the last 60 hours of coursework for applicants who had less than 60 semester credit hours at the IHE in which they are currently enrolled. Language would be amended to clarify that an EPP may use transcripts from previously attended IHEs to determine the admission GPA for the last 60 hours of coursework for applicants who had less than 60 semester credit hours at the IHE in which they are currently enrolled.

After the language in 19 TAC §227.19(a)(2)(B) was added in the December 2015 adoption, EPPs asked for clarification on whether an EPP could use grades for coursework from an IHE that were earned after an applicant had been conferred a degree but the applicant was not currently enrolled in the IHE from which the grades were earned. Language would be amended to clarify that an EPP may use grades from an applicant's most recent transcript to determine the admission GPA for the last 60 hours of coursework if an applicant earned grades for coursework after the applicant's conferred degree. This amendment would allow an applicant who had started an additional degree but was not able to finish the degree before seeking admission to an EPP to use the additional coursework on the most recent transcript to meet the minimum GPA requirement. By allowing applicants to use grades from coursework completed after a bachelor’s degree, the rules would comport with the statutory language that requires a GPA of at least 2.5 for the last 60 semester credit hours attempted at a public or private IHE.

Implementation Date

Language in 19 TAC §227.20 would be amended so that the subchapter applies to an applicant who is admitted to an EPP on or after January 1, 2017. In the previous two adoptions, the difference between the effective date of the rule and the implementation date of the rule ranged from three to seventeen days. The proposed implementation date would provide EPPs with more time (approximately ten weeks) between the effective date of the rules and the implementation date to adjust their policies and procedures to comport with the rules.

FISCAL IMPACT: The TEA 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 amendments. 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. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, 227.17, 227.19, and 227.20 would be the development of clear, minimum EPP admission criteria that would ensure educators are prepared to positively affect the performance of the diverse student population of this state.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no new procedural and reporting implications. However, EPPs will be required to upload data on individuals who are admitted as candidates into the educator certification online system (ECOS) within seven calendar days from the contingent and/or formal date of admission. SBEC currently requires EPPs to upload data on individuals who are admitted as candidates into ECOS, but there is no deadline for when the upload needs to occur.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no additional locally maintained paperwork requirements.

PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of comments received by the SBEC on its proposed rules were 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 the proposed amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs.

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

Tim Miller, Director
Educator Preparation

Attachments:
I. Statutory Citations (PDF, 21KB)
II. Text of Proposed Amendments to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, Subchapter A, Admission to Educator Preparation Programs (PDF, 53KB)
III. Scores equivalent to a 2.5 GPA on the Verbal Reasoning, Quantitative Reasoning, and Analytic Writing sections of the GRE® revised General Test (PDF, 14KB)