November 2016 Committee on School Initiatives Item 7
Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter F, Special Education-Related Services Personnel Assignments
November 18, 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 revise 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter F, Special Education-Related Services Personnel Assignments. The proposed amendments to 19 TAC §§231.97, 231.241, 231.251, 231.257, 231.365, and 231.611 and proposed new 19 TAC §231.175 would identify the appropriate credential for placement in a particular teaching assignment, incorporate courses approved by the State Board of Education (SBOE), and provide guidance to districts on special education assignments.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 231, Subchapters D-F, is the Texas Education Code (TEC), §§21.003(a), 21.031(a), and 21.041(b)(1) and (2).
TEC, §21.003(a), states that 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, §21.031(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.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §§231.97, 231.241, 231.251, 231.257, 231.365, and 231.611 and proposed new 19 TAC §231.175 would be December 27, 2016.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Current 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, provides guidance to school districts by listing courses by grade level and subject area and identifying the corresponding certificates appropriate for placement into each classroom assignment. This information assists districts with hiring and personnel assignment decisions.
The proposed revisions to 19 TAC Chapter 231, Subchapters D-F, shown in Attachment II, would identify the appropriate certificates for placement in particular assignments for Grades 6-12 to teach electives, disciplinary courses, local credit courses, and innovative courses; various assignments for Grades 9-12; and special education-related services personnel assignments.
Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments
Language in 19 TAC §231.97, including the section title, would be amended to delete the reference to magnet course since the Texas Education Agency (TEA) stopped approving magnet courses several years ago. The proposed amendment would also strengthen alignment with the internal processes for approval of innovative courses and confirm the TEA's role in identifying the appropriate certificates for assignments to teach innovative courses.
Subchapter E, Grades 9-12 Assignments
Division 3. Social Studies, Grades 9-12 Assignments. Proposed new 19 TAC §231.175, Personal Financial Literacy, Grades 9-12, would be added to incorporate this new course approved by the SBOE. TEA staff has worked closely with the TEA Curriculum Standards and Student Supports Division to confirm the list of certificates appropriate to ensure the individual has the knowledge and skills necessary to teach the course and be eligible for placement into the assignment.
Division 7. Fine Arts, Grades 9-12 Assignments. Language in 19 TAC §231.241, Art, Music, Theatre, and Dance, Grades 9-12, would be amended to add a reference to a proposed new Dance: Grades 6-12 certificate in subsection (d). The proposed new Dance: Grades 6-12 certificate is included in the proposed amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, which is presented as a separate item in this agenda. With the addition of the reference to the proposed new certificate, all remaining information under subsection (d) would be renumbered accordingly.
Division 8. Technology Applications, Grades 9-12 Assignments. In response to a citizen petition addressed by the SBEC at the April 2016 meeting, TEA staff has worked closely with the TEA Curriculum Standards and Student Supports Division to confirm the transfer of the reference to "Fundamentals of Computer Science" from 19 TAC §231.251, Computer Science, Grades 9-12, to 19 TAC §231.257, Game Programming and Design or Mobile Application Development, Grades 9-12. This change is an appropriate rulemaking action that accurately addresses the petition and maintains appropriate certification for placement into the assignment. Language in 19 TAC §231.257, including the section title, would also be amended to add "Advanced Placement Computer Science Principles," another course approved by the SBOE that had not yet been incorporated into this chapter.
Division 13. Business Management and Administration, Grades 9-12 Assignments. Subsection (b) in 19 TAC §231.365, Business English, Grades 9-12, would be deleted since TEA staff has confirmed with the TEA Curriculum Standards and Student Supports Division that the reference to the TEA-approved training requirement is no longer needed. The list of certificates appropriate to teach this course provide individuals with the knowledge and skills needed to teach this course.
Subchapter F, Special Education-Related Services Personnel Assignments
The proposed amendment to 19 TAC §231.611, Special Education Teacher, would specify that anyone delivering content instruction would be required to hold one of the special education certificates listed and a valid certificate that matches the subject and grade level of the assignment. The addition of this requirement to also hold a valid certificate parallels the federal requirements for special education that were implemented as part of the highly qualified (HQ) requirements under No Child Left Behind (NCLB). Effective with the 2016-2017 school year, federal requirements are no longer in place and districts must now rely solely on certification rules. Language would clarify that individuals assigned to deliver content instruction in a special education setting must be certified in special education and the specific content area being taught to ensure that the individuals have the content knowledge necessary to deliver appropriate content instruction. Numerous districts have expressed a need for guidance from the TEA and flexibility to address the critical staffing shortage area of special education teachers. In addition, language would be included to allow individuals to demonstrate competency through the state's 2010 and 2011 high objective uniform State standard of evaluation for elementary and secondary special education teachers as suggested by the Texas Council of Administrators of Special Education. These proposed changes in rule would be necessary to provide districts the ability to retain teachers already qualified for special education assignments under the previous federal requirements and ensure that students in special education settings continue to receive the support they need from teachers who have appropriate content knowledge.
Since published as proposed, a technical edit was made in subsection (a) to accurately refer to the high objective uniform State standard of evaluation for elementary and secondary special education teachers.
SBOE Review of Proposed SBEC Rules
Under 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.
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 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. 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 §§231.97, 231.241, 231.251, 231.257, 231.365, and 231.611 and proposed new 19 TAC §231.175 would be the ability of districts to continue placing educators into classrooms that are prepared to positively affect the performance of the diverse student population of this state.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed rule actions would have no additional procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule actions would have no additional locally maintained paperwork requirements.
PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of the comment received by the SBEC on its proposed rules was 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 D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter F, Special Education-Related Services Personnel Assignments.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner
Educator Leadership and Quality
Marilyn Cook, Director
Educator Certification and Testing
Attachments:
I. Statutory Citations (PDF, 31KB)
II. Text of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, Subchapter E, Grades 9-12 Assignments, and Subchapter F, Special Education-Related Services Personnel Assignments (PDF, 28KB)