Proposed Rules Title 19

TITLE 19. EDUCATION

CHAPTER 67. STATE REVIEW AND APPROVAL OF INSTRUCTIONAL MANUALS

The State Board of Education (SBOE) proposes new §§67.21, 67.23, 67.25, 67.81, and 67.83, concerning state review and approval of instructional materials. The proposed new sections would implement House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023, by defining the criteria to be used in the review and approval of instructional materials by the SBOE and the Texas Education Agency (TEA); defining requirements for publisher participation in the instructional materials review and approval (IMRA) process; and establishing rules for the annual request for instructional materials for review and future proclamations, contracts for instructional materials, and criteria for publishers required to host parent portals.

BACKGROUND INFORMATION AND JUSTIFICATION: Texas Education Code (TEC), Chapter 31, addresses instructional materials in public education and permits the SBOE to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials. HB 1605, 88th Texas Legislature, Regular Session, 2023, significantly revised TEC, Chapter 31, including several provisions under SBOE authority. HB 1605 also added a new provision to TEC, Chapter 48, to provide additional funding to school districts and charter schools that adopt and implement SBOE-approved materials. In addition, the bill added requirements related to adoption of essential knowledge and skills in TEC, Chapter 28.

At the June 2023 SBOE meeting, the Committee of the Full Board held a work session to receive an overview presentation on HB 1605 from the commissioner of education and begin discussing preliminary decisions and next steps. The June 2023 SBOE HB 1605 Work Session Presentation shared during the work session is available on the TEA website at https://tea.texas.gov/about-tea/leadership/state-board-of-education/sboe-2023/sboe-2023-june/sboe-hb1605-working-session-slidedeck-062223.pdf.

At the August-September meeting, the Committee of the Full Board discussed the IMRA process and discussed the approach to developing the quality rubric criteria and process.

The proposed new sections would implement HB 1605 and incorporate the feedback provided by the board.

The SBOE approved the proposed new sections for first reading and filing authorization at its December 13, 2023 meeting.

FISCAL IMPACT: Todd Davis, associate commissioner of instructional strategy, has determined that there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal may impose a cost on regulated persons, another state agency, a special district, or a local government. However, these rules are necessary to implement legislation and, therefore, are not subject to Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: 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 proposed rulemaking would create new regulations regarding the review and approval of instructional materials, the requirements of publishers when hosting a publisher parent portal, and standard terms and conditions for approved instructional materials contracts in order to implement HB 1605, 88th Texas Legislature, Regular Session, 2023. The proposed rulemaking would require an increase in future legislative appropriations to the agency. The Texas Legislature funded this program through House Bill 1, Article IX, Section 18.78, 88th Texas Legislature, Regular Session, 2023; however, future legislative appropriations will be required to implement the process outlined by these proposed rules. The proposed rulemaking would positively affect the state's economy by allowing increased participation by publishers in the market for instructional materials in the state of Texas.

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 a 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 adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Mr. Davis has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be ensuring that adopted instructional materials continue to appropriately meet statutory and SBOE requirements prior to use by Texas teachers and students, that publishers hosting a publisher parent portal meet statutory and SBOE requirements, and that approved instructional materials contracts appropriately meet statutory and SBOE requirements. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data or reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA 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: The public comment period on the proposal begins December 29, 2023, and ends at 5:00 p.m. on January 29, 2024. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/about-tea/laws-and-rules/sboe-rules-tac/proposed-state-board-of-education-rules. The SBOE will take registered oral and written comments on the proposal at the appropriate committee meeting in January-February 2024 in accordance with the SBOE board operating policies and procedures. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on December 29, 2023.

SUBCHAPTER B. STATE REVIEW AND APPROVAL

19 TAC §§67.21, 67.23, 67.25

STATUTORY AUTHORITY. The new sections are proposed under Texas Education Code (TEC), §26.006, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023, which requires school districts and open-enrollment charter schools to make available access to instructional materials for parents via a parent portal if applicable; TEC, §31.003(a), as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which permits the State Board of Education (SBOE) to adopt rules for the adoption, requisition, distribution, care, use, and disposal of instructional materials; TEC, §31.022, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which requires the SBOE to review instructional materials that have been provided to the board by the Texas Education Agency (TEA) under TEC, §31.023; TEC, §31.023, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which requires the commissioner of education to establish, in consultation with and with the approval of the SBOE, a process for the annual review of instructional materials by TEA. In conducting a review under this section, TEA must use a rubric developed by TEA in consultation with and approved by the SBOE; TEC, §31.151, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which permits the SBOE to determine the standard terms and conditions of instructional materials contracts; and TEC, §31.154, as added by HB 1605, 88th Texas Legislature, Regular Session, 2023, which requires the SBOE to adopt standards for entities that supply instructional materials reviewed by TEA to make instructional materials supplied by the entity available on a parent portal hosted by the entity.

CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code, §§26.006, 31.003(a), 31.022, 31.023, and 31.151, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023, and 31.154, as added by HB 1605, 88th Texas Legislature, Regular Session, 2023.

§67.21.Proclamations, Public Notice, and Requests for Instructional Materials for Review.

(a) Upon the adoption of revised Texas Essential Knowledge and Skills (TEKS) or Texas Prekindergarten Guidelines (TPG), the State Board of Education (SBOE) shall determine if the extent of the revisions have created a need to remove instructional materials from the list approved under Texas Education Code, §31.022.

(b) The SBOE shall issue a proclamation calling for instructional materials if the determination in subsection (a) of this section results in a decision that a proclamation is necessary. The proclamation shall serve as notice to:

(1) all publishers to submit instructional material for review for the subject and grade level or course(s); and

(2) all publishers with approved instructional materials for the subject and grade level or course(s) that to remain on the list of approved materials, the publisher must submit new or revised materials or new information demonstrating alignment of current instructional materials to the revised TEKS or TPG.

(c) The Texas Education Agency shall issue an annual request for instructional materials to notify all publishers and the public that submissions of instructional materials aligned to quality rubrics and the suitability rubric approved by the SBOE are being invited for review.

(d) Each proclamation and annual request for instructional materials for review shall contain the following:

(1) information about and reference to applicable TEKS in each subject for which submissions are being invited;

(2) the student enrollment of the courses or grade levels called for, to the extent that it is available, for the school year prior to the year in which the proclamation or annual request for instructional materials is issued;

(3) the requirement that a publisher grant electronic access to the instructional materials being submitted that complies to the specifications in the proclamation or annual request for instructional materials for review and may not submit a print copy;

(4) specifications for providing computerized files to produce accessible formats of approved instructional materials;

(5) specifications for ensuring that electronic instructional materials are fully accessible to students with disabilities; and

(6) a schedule of instructional materials review and approval procedures.

§67.23.Requirements for Publisher Participation in Instructional Materials Review and Approval (IMRA).

(a) A publisher with approved materials shall comply with product standards and specifications.

(b) Publishers participating in the adoption process are responsible for all expenses incurred by their participation.

(c) A publisher may not submit instructional materials for review that have been authored or contributed to by a current employee of the Texas Education Agency (TEA). This does not apply to open education resource instructional materials as developed by TEA in accordance with Texas Education Code, Chapter 31, Subchapter B-1.

(d) On or before the deadline established in the schedule of approval procedures, publishers shall submit correlations of instructional materials submitted for review in a format designated by the commissioner of education. Correlations shall be provided for materials designed for student use and materials designed for teacher use and include:

(1) evidence of coverage of each student expectation, in the context of the lesson, of the Texas Essential Knowledge and Skills required by the proclamation or the request for instructional materials for review; and

(2) evidence of alignment to the quality rubric indicators.

(e) On or before the deadline established in the schedule of approval procedures, publishers shall certify that after exercising reasonable efforts, the submitted material complies with suitability standards and all applicable state laws.

(f) A publisher that intends to offer instructional materials for review and approval shall comply with additional requirements included in a proclamation or the annual request for instructional materials for review.

§67.25.Consideration and Approval of Instructional Materials by the State Board of Education.

The State Board of Education (SBOE) shall review the results of the instructional materials reviews completed by a review panel and submitted by the commissioner of education in accordance with Texas Education Code (TEC), §31.022 and §31.023. Instructional materials may be placed on the list of approved instructional materials only if they meet the following criteria:

(1) for full-subject and partial-subject tier one instructional materials for foundation subjects as defined by TEC, §28.002(a)(1), the product components cover 100% of the Texas Essential Knowledge and Skills (TEKS) for the specific grade level and subject area when the proclamation or request for instructional materials was issued. In determining the percentage of the TEKS covered by instructional materials, each student expectation shall count as an independent element of the TEKS;

(2) materials have been reviewed through the process required by TEC, §31.023;

(3) materials are free from factual error, defined as a verified error of fact or any error that would interfere with student learning, including significant grammatical or punctuation errors;

(4) materials meet the Web Content Accessibility Guidelines (WCAG) and meet the technical specifications of the Federal Rehabilitation Act, Section 508, as specified when a request for instructional materials or proclamation was issued;

(5) materials conform to or exceed in every instance the latest edition of the Manufacturing Standards and Specifications for Textbooks (MSST), developed by the State Instructional Materials Review Association, when the proclamation or request for instructional materials was issued;

(6) materials are compliant with the suitability standards adopted by the SBOE and are compliant with all applicable state laws; and

(7) materials provide access to a parent portal as required by TEC, §31.154.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304846

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER D. DUTIES OF PUBLISHERS AND MANUFACTURERS

19 TAC §67.81, §67.83

§67.81.Instructional Materials Contracts.

(a) The state contract for materials placed on the list of approved materials shall not be changed or modified without the approval of Texas Education Agency (TEA) legal counsel.

(b) Contracts shall be sent to publishers for signature. Signed contracts returned by publishers shall be signed by the chair of the State Board of Education (SBOE) and attested to by the commissioner of education. Properly signed and attested contracts shall be filed with TEA.

(1) enter into a contract with the SBOE for a term not to exceed an initial term of eight years; and

(2) commit to provide the instructional materials in the manner specified by the publisher in the official bid specified in §67.23 of this title (relating to Requirements for Publisher Participation in Instructional Materials Review and Approval (IMRA)).

(d) The commissioner shall annually review contracts for instructional materials and present to the SBOE those contracts that are eligible for renewal.

(e) The SBOE shall renew existing contracts upon determining that the renewal would be in the best interest of the state and after considering the following factors:

(1) placement of subject areas in the Texas Essential Knowledge and Skills review schedule;

(2) willingness of publishers to renew contracts; and

(3) cost of instructional materials under a renewal contract.

(f) Publishers awarded new contracts shall be prepared to make the approved instructional materials available for at least one contract renewal period of not more than four years at prices that are mutually agreeable to publishers and to the commissioner. The SBOE may consider refusing to award future contracts to a publisher that, after receiving written notice to do so, refuses to rebid instructional materials at least once. Failure of a publisher to negotiate an acceptable price for an extended contract shall not be considered failure to rebid instructional materials.

(g) Contracts with publishers are subject to all provisions of Texas Education Code (TEC), Chapter 31.

(h) This section does not apply to open education resource instructional material.

§67.83.Publisher Parent Portal.

(a) Standards under this section apply to any publisher that supplies instructional materials that are reviewed by a review panel under Texas Education Code (TEC), §31.022 and §31.023, and placed on the list of approved instructional materials by the State Board of Education (SBOE) as outlined in TEC, §31.022.

(b) Standards under this section apply to any instructional materials, including:

(1) full-subject tier one instructional material;

(2) open education resource instructional material;

(3) partial-subject tier one instructional material; and

(4) supplemental instructional material.

(1) include in the portal all components placed on the list of instructional materials approved by the SBOE, including teacher- and student-facing materials;

(2) for each school district or open-enrollment charter school that purchases the instructional materials, make the parent portal interoperable with any learning management system or online learning portal used by the district or charter school to assign, distribute, present, or make available instructional materials as defined by TEC, §31.002, to students;

(3) for instructional materials not available in a digital format, contain the instructional materials component International Standard Book Number (ISBN) or part number, title, edition, and author to allow a parent to locate a physical copy of the material;

(4) allow access beginning not later than 30 days before the school year begins and concluding not earlier than 30 days after the school year ends;

(5) optimize the portal for viewing on large monitors, laptops, tablets, and smartphone devices; and

(6) meet Web Content Accessibility Guidelines (WCAG) identified in the associated proclamation or annual request for instructional materials for review and any technical standards required by the Federal Rehabilitation Act, Section 508.

(d) A publisher hosting an instructional materials parent portal may not:

(1) include any instructional materials as defined by TEC, §31.002, that were not reviewed and placed on the approved materials list; or

(2) include any instructional materials on the portal that would undermine, subvert, or impede any local education agency or open-enrollment charter school from complying with TEC, §31.1011.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304847

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

CHAPTER 97. PLANNING AND ACCOUNTABILITY

SUBCHAPTER EE. ACCREDITATION STATUS, STANDARDS, AND SANCTIONS

DIVISION 2. CONTRACTING TO PARTNER TO OPERATE A DISTRICT CAMPUS

19 TAC §97.1075, §97.1079

The Texas Education Agency (TEA) proposes amendments to §97.1075 and §97.1079, concerning contracting to partner to operate a district campus. The proposed amendments would remove language regarding the finality of decisions under 19 TAC §97.1075 and §97.1079 as a result of two court cases invalidating the provisions.

BACKGROUND INFORMATION AND JUSTIFICATION: Section 97.1075 describes the requirements for contracting to partner to operate a campus under Texas Education Code (TEC), §11.174, including requirements related to conferred authorities, performance contracts, and ongoing monitoring. Section 97.1079 describes the criteria and determination processes for districts applying for benefits under TEC, §11.174(a)(2). Each rule includes a provision regarding the finality of the commissioner of education's decisions under the rule and the inability of districts to appeal those decisions. Due to recent court cases invalidating the provisions, the proposed amendments would remove §97.1075(k) and §97.1079(f).

FISCAL IMPACT: Kelvey Oeser, deputy commissioner of educator support, has determined that for the first five-year period the proposal is in effect, there are no additional costs to state or local government, including school districts and open-enrollment charter schools, required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: 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 Texas Government Code, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under Texas Government Code, §2007.043.

GOVERNMENT GROWTH IMPACT: 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 limit existing regulations by removing the inability to appeal final decisions of the commissioner under the affected regulations.

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 create a new regulation; would not expand 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: Ms. Oeser has determined that for each year of the first five years the proposal is in effect, the public benefit anticipated as a result of enforcing the proposal would be to reflect current law regarding appeals rights under the affected rules, as determined by the courts. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: TEA 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: The public comment period on the proposal begins December 29, 2023, and ends February 5, 2024. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on December 29, 2023. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/Commissioner_Rules_(TAC)/Proposed_Commissioner_of_Education_Rules/.

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §11.174, which requires the commissioner to adopt rules to administer the provisions for contracts regarding district campus operations; and TEC, §48.252, which requires the commissioner to adopt rules to administer the provisions for entitlements for district charter partnerships.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §11.174 and §48.252.

§97.1075.Contracting to Partner to Operate a Campus under Texas Education Code, §11.174.

(a) - (j) (No change.)

~~[(k) Decision finality. A decision of the commissioner made under this section is a final administrative decision and is not subject to appeal under TEC, §7.057.]~~

§97.1079.Determination Processes and Criteria for Eligible Entity Approval under Texas Education Code, §11.174.

(a) - (e) (No change.)

~~[(f) Decision finality. The approval or denial of the eligibility approval request is a final administrative decision by the commissioner and not subject to appeal under TEC, §7.057.]~~

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304874

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 228. REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS

The State Board for Educator Certification (SBEC) proposes a repeal and new 19 Texas Administrative Code (TAC) §§228.1, 228.2, 228.4, 228.6, 228.11, 228.13, 228.15, 228.17, 228.19, 228.21, 228.23, 228.25, 228.31, 228.33, 228.35, 228.37, 228.39, 228.41, 228.43, 228.45, 228.47, 228.49, 228.51, 228.53, 228.55, 228.57, 228.61, 228.63, 228.65, 228.67, 228.69, 228.71, 228.73, 228.75, 228.77, 228.79, 228.81, 228.91, 228.93, 228.95, 228.97, 228.99, 228.101, 228.103, 228.105, 228.107, 228.109, 228.111, 228.113, 228.115, 228.117, 228.121, and 228.123, concerning requirements for educator preparation programs (EPPs). The proposed repeal and new rules would provide updated guidance on the requirements for EPPs.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 228, Requirements for Educator Preparation Programs, establish the requirements for EPPs in the preparation of candidates for Texas educator certification.

The proposed repeal of and new 19 TAC Chapter 228 was initially driven by the following three primary goals prescribed by the SBEC and were informed by extensive stakeholder input: 1) reorganize the chapter to support enhanced organization and readability, including the creation of subchapters and sections and the streamlining of redundancy to make the rules clearer and more user-friendly; 2) create a residency preparation route leading to an enhanced standard certificate to recognize programs who have implemented this quality preparation pathway and recognize candidates who have completed this extensive preparation; and 3) codify foundational components of the SBEC's Educator Preparation Framework (EPF), to ensure the foundational expectations of preparation programs as prescribed in Chapter 228 align with the aspirational vision outlined in the EPF.

Throughout extensive engagement with stakeholders in the Chapter 228 redesign process, additional opportunities to elevate the quality of educator preparation were surfaced and integrated into the draft rule text presented to the SBEC at its September 2023 meeting. The proposed new rules reflect additional edits informed by stakeholder input.

The following is a description of proposed new 19 TAC Chapter 228.

Subchapter A. General Guidance

§228.1, General Provisions

Proposed new §228.1 would provide an overview of the purpose and goals of educator preparation in Texas.

§228.2, Definitions.

Proposed new §228.2 would include definitions from the proposed repeal of §228.2, with the addition of definitions for analysis, assignment start date, authentic school setting, clinical experience, completer, co-teaching, enactments, host teacher, representations, performance task, and residency, and revised definitions for campus supervisor, classroom teacher, clinical teaching, cooperating teacher, educator preparation program, field-based experiences, enhanced standard certificate, late hire, and standard certificate.

The proposed new definition of assignment start date would set the point at which the teacher candidate's internship experience starts for the purpose of field supervision and ongoing support of candidates as required.

The proposed new definition of clinical experience would provide a common term in which to categorize the supervised clinical requirement for each certificate class, including clinical teaching, internship, practicum, and residency.

The proposed new definition of authentic school setting would establish that a candidate cannot count professional development, extracurricular activities, workdays when students are not present, or before or after-school childcare or tutoring as field-based experiences, 30 hours of which are required as pre-requisites for an intern certificate, and that field-based experience hours are allowable in a summer school setting.

The proposed new definition of completer would match the definition in 19 TAC §229.2(10), Definitions, to create consistency between chapters of SBEC rules.

The proposed new definitions of cooperating teacher, mentor, and site supervisor would be streamlined to remove the qualifications and duties of these positions that appear in the proposed repeal of 19 TAC Chapter 228. The qualifications and duties are proposed in new §228.93, Cooperating Teacher Qualifications and Responsibilities, §228.97, Mentor Qualifications and Responsibilities, and §228.99, Site Supervisor Qualifications and Responsibilities, respectively. These proposed new sections would increase clarity and ease of reference so that the public no longer has to go to §228.2 to find definitions for this critical information.

The proposed new definition of entity would be updated with a more specific list of the types of entities that act as EPPs.

The proposed new definition of educator preparation program would define the role of an entity approved by the SBEC.

The proposed new definition of field-based experiences would be updated to include the proposed new defined term authentic school setting and add that field-based experiences include both observation and interaction and are an element of coursework.

The proposed new definition of field supervisor would be modified to improve readability and clarity.

The proposed new definition of school day would specify that conference periods, lunch periods, professional development, and extracurricular activities do not count as part of the school day for purposes of determining the length of a clinical teaching or internship experience.

The proposed new definition of late hire would specify that after the 45th day before the first day of instruction, an individual must be both accepted into an EPP and hired for a teaching position at a school district.

Definitions are also proposed for the following five terms from the Effective Preparation Framework (EPF): analysis, co-teaching, enactments, performance task, and representations. The proposed additions would offer clarity to EPPs and candidates around the intended meaning of the terms, how and when they are applied in preparation and practice, and relevance to improving quality practices in approved programs. The additional definitions would provide a common language in the effective preparation of candidates for certification.

The proposed new definitions of school day and school year would provide flexibility by aligning them with the school calendars of the campuses on which the candidates are completing the clinical experiences.

The proposed new definitions of enhanced standard certificate and standard certificate would mirror definitions proposed in new §230.1, Definitions, and align with the inclusion of intern certificate and probationary certificate.

To implement the Residency preparation route, the proposed new language in §228.2, Definitions, would amend the definition of campus supervisor to include residency candidates along with intern candidates, and add definitions of host teacher, residency, and co-teaching to standardize the meaning of those terms.

§228.4, Declared State of Disaster

Proposed new §228.4 would provide continuity of educator preparation program processes during a declared state of disaster.

§228.6, Implementation Date

Proposed new §228.6 would confirm the repeal of Chapter 228 and the provisions of new Chapter 228 are effective September 1, 2024.

Subchapter B. Approval of Educator Preparation Programs

§228.11, New Entity Approval

Proposed new §228.11 would identify the requirements that must be met by an entity seeking approval from the SBEC as an EPP. The proposed new rule would authorize the Texas Education Agency (TEA) to develop and identify the approval components to be included in the application. TEA staff can revise EPP applications as needed to align with the TEC and TAC.

Proposed new §228.11(a) would require that entities seeking to become an EPP take part in a workshop conducted by TEA staff to familiarize the entity with the SBEC rules.

Proposed new §228.11(a)(2) would create a limitation that an entity seeking initial approval cannot apply to offer more than five certificate categories within one certificate class. This limitation would allow an entity to focus on high-quality preparation and provide TEA staff time to review application materials more efficiently.

Proposed new §228.11(a)(3) would require that an entity seeking approval must demonstrate that it has the staff, knowledge, and expertise to support individuals in each certificate category and class requested.

Proposed new §228.11(d) would establish the timing of the post-approval site visit to occur after the first year in which the new EPP reports that it has completers.

Proposed new §228.11(f) would require an entity seeking approval to have at least one location in Texas that provides candidate's a face-to-face setting for interacting with EPP staff as necessary.

§228.13, Continuing Educator Preparation Program Approval.

Proposed new §228.13 would establish the timeframe for EPP reviews.

Proposed new §228.13(b) would establish the types of continuing approval reviews--an onsite visit involves TEA staff going to the EPP's location, while a desk review is conducted remotely.

Proposed new §228.13(c) would establish the components of the risk assessment with regard to alignment with requirements in TEC, §21.0454.

Proposed new §228.13(d) would require a continuing approval review when an EPP consolidates with another EPP. This would allow TEA staff to identify whether the surviving EPP is adequately supporting the candidates and certificate categories that it received.

Proposed new §228.13(e) would require an EPP undergoing a continuing approval review to pay the required fees prior to the start of the review. This would prevent EPPs from attempting to evade or indefinitely delay payment.

Proposed new Figure: 19 TAC §228.13(f) would set out the required evidence of compliance that EPPs must create, maintain, and present during the continuing approval review.

Proposed new §228.13(f) would incorporate the requirement that an EPP retain documents demonstrating a candidate's eligibility for admission and completion of requirements for five years from the date the candidate completes or leaves the EPP. The proposed additions to new §228.13(f) would also specify that the EPP will be scored on a rubric developed and published by TEA staff and provide that 80% of records reviewed by TEA staff must meet or exceed the requirements.

Proposed new §228.13(g) would allow EPPs participating in a Continuing Approval Review pilot to use that pilot to meet the requirements of the five-year continuing approval review.

§228.15, Additional Approval.

Proposed new §228.15(b) would set out the requirements for an EPP seeking approval from the SBEC to offer the residency route to certification. It would require the EPP to complete an application outlining its compliance with the residency requirements established within Chapter 228 and Chapter 230, which would be reviewed by the TEA and approved by the SBEC, and would require a post-approval site visit demonstrating compliance with rules once the EPP produces residency completers. Proposed new §228.15(b)(1) would adopt in rule a figure that would describe evidence sources to evaluate and approve residency applications. EPPs will be scored for approval on a rubric developed and published by TEA staff.

Proposed new §228.15(c) would require EPPs to apply for new certification classes or categories, reference the applications that EPPs must complete when seeking to offer a new certificate class or category, and add language about the parameters that must be used by TEA staff to develop the applications. The proposed new language in §228.15(c)(4) would require that an EPP have an accreditation status of Accredited to add new certificate categories and/or classes.

§228.17, Limitations on Educator Preparation Program Amendment

Proposed new §228.17 would establish the process through which an EPP can amend its program.

§228.19, Contingency of Approval

Proposed new §228.19 would specify that approval of an entity is contingent on approval by other governing bodies, including the Texas Higher Education Coordinating Board, board of regents, and school district boards of trustees, and that continuing approval is contingent on compliance with state and federal law.

Subchapter C. Administration and Governance of Educator Preparation Programs

The subchapter title would be updated to more accurately reflect that the proposed new rules focus on both the administration and governance of EPPs.

§228.21, Program Consolidation or Closure

Proposed new §228.21 would state that closure rules apply to an EPP regardless of whether the EPP is closing fully or eliminating certificate classes and regardless of whether the closure is voluntarily or due to SBEC action.

Proposed new §228.21(a)(1) would replace August 31 as the effective date for EPP closure with a more flexible requirement that would specify an effective date of at least 90 days and no more than 270 days after the date of notification of closure or consolidation. This would allow programs to choose a closure date that gives them enough time to fulfill the obligations to candidates.

Proposed new §228.21(a)(2) would require the EPP legal authority to communicate with the TEA on a scheduled basis so that staff from the closing program can seek guidance concerning questions and problems that arise during the close out phase, which ultimately benefits candidates and past finishers.

The proposed new rule text in §228.21(a)(3) would expand the EPP's obligation to notify candidates of its closure to include candidates who have been enrolled within the last five years and completers within the last five years. This proposed new requirement would ensure that candidates who may still need support or paperwork from the closing EPP are able to learn what options are available.

Proposed new §228.21(a)(5) would require closing EPPs to identify other EPPs to provide test approval and standard certification recommendations for completers at the closing EPP and to provide candidates with all necessary documentation to expedite the candidates' transfer. This would allow candidates in a closing EPP an easier transition to another EPP and certification.

§228.23, Change of Ownership and Name Change

Proposed new §228.23(d) would set an exception to the general rule that EPPs cannot change their names without a change in ownership to allow colleges and universities to change their names when the entire college or university changes its name. The purpose of the original prohibition on EPP name changes was to prevent EPPs from changing names frequently to confuse or mislead the public.

Proposed new §228.23(e) would require EPPs to report to the SBEC annually any names that the EPP had used "doing business as" during the previous year so that the SBEC can make that information available to the public. By providing this information to consumers, the SBEC allows the public to better understand the true identity and performance history of an EPP.

§228.25, Governance of Educator Preparation Programs

Proposed new §228.25 would establish expectations of how EPPs should govern themselves and collaborate with other entities (i.e., education service centers or local education agencies) to effectively support the preparation and certification of candidates.

Proposed new §228.25(b) would include a specific requirement for the membership of EPP advisory committees that the committee include at least three of the types of interest groups listed in proposed new §228.25(a).

Proposed new §228.25(d) would set out requirements for EPPs approved to offer a residency program to convene key personnel quarterly to review teacher residency implementation data, including candidate performance, to make shared programmatic decisions and inform the continuous improvement of the residency program.

Subchapter D. Required Educator Coursework and Training

§228.31, Minimum Educator Preparation Program Obligations to All Candidates

Proposed new §228.31 would establish general guidelines around expectations of services and supports that EPPs shall provide to all candidates.

Proposed new §228.31(a) would specify by when late hires need to complete admission, coursework, training, and field-based experience requirements.

Proposed new §228.31(b) would require EPPs to identify a dismissal point in their exit policy at which inactive candidates are removed from the EPP and allow a university-based EPP to adopt the university policy for inactive students that must reapply for admission.

Proposed new §228.31(c) would require an EPP to use benchmarks and formal and informal assessment data to design and implement appropriate interventions when needed to ensure continued, effective preparation for certification and teacher candidate support.

Proposed new §228.31(d) would require that an EPP must ensure candidates are adequately prepared to take all certification exams and not just the content pedagogy exams. This additional clarification was inadvertently left off during the initial reorganization of the chapter.

Proposed new §228.31(e) would require an EPP to grant test approval for a completer. If a candidate has returned to the EPP five or more years after completing the program requirements, the EPP may require the candidate to complete additional coursework or training.

Proposed new §228.31(f) would limit when an EPP can prepare a candidate and grant test approval for a certificate category other than the one for which the candidate was initially admitted to the program. The candidate must meet the requirements for admission in the new certificate category, the EPP must provide coursework and training to the candidate in the new certificate category, and the EPP must ensure that the candidate is adequately prepared for the certification examination in the new certificate category. This would prevent programs from admitting a candidate in one certificate category and switching them to another category for which the candidate is unqualified or unprepared.

Proposed new §228.31(h) would require the EPP to ensure candidates complete all requirements of coursework, training, and the clinical experience before being identified as a completer and being recommended for standard certification, unless the candidate qualifies for an exemption in §228.79, Exemptions from Required Clinical Experiences for Classroom Teacher Candidates.

§228.33, Preparation Program Coursework and/or Training for All Certification Classes

Proposed new §228.33 would establish coursework and training requirements that EPPs must provide to ensure candidate preparedness for certification and readiness for assignments.

Proposed new §228.33(a) would specify that educator effectiveness must be measured in the candidate's assignment.

Proposed new §228.33(b) would create specific requirements for the coursework and training EPPs provide candidates, including performance-based activities, evaluative tools, and required demonstration of proficiency by candidates.

Proposed new §228.33(c) would clarify that all coursework and/or training must be completed before a candidate is marked a finisher and recommended for either the standard or new enhanced standard certificate.

§228.35, Substitution of Applicable Experience and Training

Proposed new §228.35 would specify that EPPs must develop and implement procedures to allow military-related and non-military related candidates to substitute portions of educator certification requirements with applicable experience and training.

Proposed new §228.35(c) would provide rule text specific to candidates seeking test approval for the Deafblind Supplemental Early Childhood-Grade 12 certification and candidates who have previously completed coursework related to the field in a program approved to offer the Deafblind Supplemental Early Childhood-Grade 12 certification. The language would also indicate that programs may require additional coursework for test approval.

§228.37, Coursework and Training for Classroom Teacher Candidates Proposed new §228.37 would establish the minimum required clock-hours of coursework and/or training required for initial classroom teacher certification and the Trade and Industrial Workforce Training certificate. §228.39, Intensive Pre-Service Proposed new §228.39(a) would establish the requirements that an EPP must provide prior to issuing an intern certificate under the intensive pre-service. Proposed new §228.39(b) would establish the requirements for a candidate coach under intensive pre-service. Proposed new §228.39(c) would establish the requirements that a candidate must complete to be eligible for an intern certificate under pre-intensive service.

Proposed new §228.39(d) would provide that a candidate participating in intensive pre-service will be eligible for a probationary certificate as prescribed in §230.37(f), Probationary Certificates.

§228.41, Pre-Service Coursework and Training for Classroom Teacher Candidates

Proposed new §228.41(a) was revised in response to stakeholder feedback, increasing the hours required for field-based experiences from 30 to 50.

Proposed new §228.41(b)(11) would require coursework on instructional planning techniques and inclusive practices for students with disabilities to implement HB 159, 87th Texas Legislature, Regular Session, 2021.

Proposed new §228.41(b)(12) would require coursework on the use of open education resource instructional materials approved by the SBOE to implement HB 1605, 88th Texas Legislature, Regular Session, 2023.

A reference to "performance tasks" would reflect the incorporation of the Effective Preparation Framework (EPF) and its use of performance tasks that support integration of authentic performance tasks throughout the curriculum, in particular during the first 150 hours, which are required before the intern certificate.

§228.43, Pre-Service Field-Based Experiences for Classroom Teacher Candidates

Proposed new §228.43 would establish parameters around field-based experiences and related reflections and increase the required number of interactive hours from 15 to 25 and technology-based hours from 15 to 25 in response to stakeholder feedback.

Proposed new §228.43(c)(2) would provide examples of activities in which candidates may engage during interactive experiences. Flexibility for completion of technology-based hours was added to allow substitute teaching hours.

§228.45, Coursework and Training Requirements for Early Childhood: Prekindergarten-Grade 3 Certification

Proposed new §228.45 would require that coursework and training provided is based on concepts and themes in §228.45(a) and not just in §228.45(a)(1).

§228.47, Coursework and Training Requirements for Bilingual Special Education Certification

Proposed new §228.47 would set the requirements for EPPs of candidates in bilingual special education and implement HB 2256, 87th Texas Legislature, Regular Session, 2021.

§228.49, Coursework and Training Requirements for a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12

Proposed new §228.49 would provide specific language related to the minimum number of clock-hours of coursework and/or training requirements for EPPs offering and candidates who are seeking the Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12 certificate.

§228.51, Coursework and Training for a Deafblind Supplemental: Early Childhood-Grade 12

Proposed new §228.51 would provide specific language related to the minimum number of clock-hours of coursework and/or training requirements for EPPs offering and candidates who are seeking the Deafblind Supplemental: Early Childhood-Grade 12 certificate.

§228.53, Coursework and Training for Non-Teacher Candidates

Proposed new §228.53 would establish coursework and training requirements for certification areas other than classroom teacher and ensure consistency in candidates' preparation that is directly aligned with the educator standards.

§228.55, Late Hire Candidates

Proposed new §228.55 would establish flexibilities and responsibilities related to beginning employment later than originally anticipated for candidates, local employment agencies, and EPPs.

Proposed new §228.55(c) would require an EPP to deactivate a candidate's intern or probationary certificate if the candidate is a late hire and does not complete the required pre-internship coursework and training within 90 days of the start of the internship. This would incentivize EPPs to ensure that their candidates receive the required training timely and prevent untrained educators from staying in Texas classrooms.

§228.57, Educator Preparation Curriculum

Proposed new §228.57 would require that the educator standards adopted by the SBEC serve as the curricular foundation for all educator preparation and, for each certificate, the curriculum must address the relevant Texas Essential Knowledge and Skills.

Proposed new §228.57(c) would expand on the varied and rich types of instructional opportunities that EPPs shall support candidates in experiencing. This would align with information in the EPF and reinforce the expectation that candidates are practicing, and receiving feedback on that practice, throughout the program and reinforce the connected relationship between coursework, practice, and coaching.

Proposed new §228.57(c)(8)(c) would require EPPs to teach candidates about assessing students who are receiving virtual instruction and about how to implement virtual learning curriculum to implement Senate Bill 226, 87th Texas Legislature, Regular Session, 2021.

Proposed new §228.57(10) would require coursework on the use of open education resource instructional materials approved by the SBOE for the subject area and grade level of the candidate's certification category and prohibit coursework on instructional materials that incorporated "three-cueing" into foundational skills reading instruction to implement HB 1605, 88th Texas Legislature, Regular Session, 2023.

Subchapter E. Educator Candidate Clinical Experiences

§228.61, Required Clinical Experiences

Proposed new §228.61 would provide an overview of the clinical experience required for candidates prior to standard certification.

Proposed new §228.61(a) would establish clinical experience options for candidates seeking teacher certification (clinical teaching, internship, or residency) and would include an alternative residency certification route.

Proposed new §228.61(b) would require that teacher candidates participating in an internship experience a full range of professional responsibilities, including the start of the school year, and would provide flexibility to utilize field-based experiences, as needed, to meet this requirement.

Proposed new §228.61(c) would identify the practicum requirement for candidates pursuing certification in non-teacher certificate classes and set the minimum number of clock hours required for completion of a practicum.

§228.63, Locations for Required Clinical Experiences

Proposed new §228.63 would establish the limitations on the location in which a candidate can have an internship, a clinical teaching, or a practicum experience.

Proposed new §228.63(a) was updated from authentic school setting to in-person Prekindergarten-Grade 12 setting to restore the meaning that the candidate must be in an assignment that is in-person in a physical classroom and not in a distance learning or virtual learning classroom.

The requirement in proposed new §228.63(c)(2) was updated to add site supervisor and would identify that the candidate completing a practicum cannot be related to the site supervisor.

Proposed new §228.63 would establish "residency" as a clinical experience across subsections (a)-(g).

§228.65, Residency

Proposed new §228.65 would require that the residency clinical experience include programmatic requirements to issue an enhanced standard certificate and require the program to provide candidates with one full school year of clinical teaching, to include in the first and last day of school, in a classroom with a qualified host teacher in the classroom teaching assignment(s) that matches the certification category sought by the candidate. It would also require that the residency include a minimum of 750 hours in total, with a minimum of 21 hours per week during a school week that does not include closures or disruptions, and the program must document reduced clinical experience hours during weeks with closures or disruptions (see proposed new §228.61(a)). Candidates must complete a minimum of 700 hours in the event of life events such as bereavement, illness, or FMLA.

Proposed new §228.65(b) would require that the instructional setting include one distinct field site, with some exceptions for candidates seeking more than one certification category, Early Childhood-Grade 12 certification, and/or a significant human resources concern, with a limit of two field placements. Exceptions require documentation from both the EPP and partner district. Additionally, it would require that a candidate is co-teaching as lead instructor for at least 400 hours of the residency program.

Proposed new §228.65(c) would establish the requirements for determining a candidate's readiness for teaching, including requiring the EPP to manage candidate progress toward mastery of educator standards through administration of performance gates at least twice per semester, totaling at least four times a year. It also would require field supervisors to be responsible for assessing and evaluating candidate progression through the program.

Proposed new §228.65(d) would specify the circumstances under which an EPP no longer needs to provide ongoing support to a candidate.

Proposed new §228.65(c) would require the EPP, the district personnel, and the candidate to inform one another of the candidate's departure for any of the reasons stated in proposed new §228.65(d).

Proposed new §228.65(f) would establish the requirements for a candidate's eligibility for an enhanced standard certificate, including the requirements for issuance in §230.39(b) and the requirements in proposed new §228.65(a)-(c). Additionally, it would define the requirement for candidates to meet a Proficient performance level for all pedagogical skill dimensions. The dimensions listed are the same as those in 19 TAC §150.1002, Assessment of Teacher Performance, with the addition of the Instruction Dimension 2.3: Communication.

Proposed new §228.65(g) would define the requirements for successful completion of a residency, including proficiency in the educator standards and a shared recommendation from the host teacher, field supervisor, and campus administrator. If there is no consensus on the recommendation, documentation of why the candidate is not being recommended for a certificate is required to be submitted to the candidate and the field supervisor, host teacher, and/or campus administrator.

§228.67, Clinical Teaching

Proposed new §228.67 would include language that reflects stakeholder feedback and clarify the duration of clinical teaching in a uniform requirement of 490 hours (the equivalent of 70 days).

In proposed new §228.67(b), the abbreviated clinical teaching allowed for maternity leave would be expanded to parental leave in the interest of shared parental responsibility.

Proposed new §228.67(c) would provide guidance for candidates seeking certification in more than one subject area to complete clinical teaching and confirm EPP and LEA training responsibilities and supports to ensure candidate success.

Proposed new §228.67(d) would require EPPs to structure the clinical teaching assignment in such a manner that candidates are provided co-teaching opportunities and additional experiences to have greater responsibility for the instruction being provided over the course of the clinical teaching assignment. This would directly align with the requirement for the residency certification pathway that explicitly includes co-teaching and a gradual release of responsibility.

Proposed new §228.67(g) would specify that only the certification of the candidate or the discharge, release, or withdrawal of the candidate from the EPP would relieve the EPP of the duty to support the candidate during clinical teaching.

§228.69, Clinical Teaching While Employed as Educational Aide

Proposed new §228.69 would align with the requirements for clinical teaching.

In proposed new §228.69(c), the clinical teaching requirement previously allowed for maternity leave would be expanded to parental leave in recognition of shared parental responsibility.

§228.71, Exceptions to Clinical Teaching Requirement

Proposed new §228.71 would establish the process EPPs utilize if they are unable to support candidates through the clinical teaching process specified in proposed new §228.67, Clinical Teaching.

Proposed new §228.71(b) would require an EPP to request an exception to the clinical teaching requirement by September 15, which coincides with the existing requirement that an EPP submit a written report on the results of a clinical teaching exception by September 15.

Proposed new §228.71(c)(3) would require TEA staff to present the EPP's report to the SBEC to determine whether the exception should be renewed and require EPPs approved for an exception before September 1, 2022, to submit a report to the TEA by September 1, 2024. This would give the SBEC an opportunity to decide whether to renew exceptions annually rather than continue indefinitely.

§228.73, Internship

Proposed new §228.73(a) would require EPPs to verify that a candidate participating in an internship hold an active intern or probationary certificate.

Proposed new §228.73(g)(5) would require EPPs to request deactivation of the certificate of a late-hire candidate that failed to meet training requirements in a timely manner to parallel the requirement in proposed new §228.55(c), Late Hire Candidates.

In proposed new §228.73(c), the abbreviated internship previously allowed for maternity leave would be expanded to parental leave in recognition of shared parental responsibility.

§228.75, Clinical Experience for Candidate Seeking Certification as Teacher of Students with Visual

Impairments (TVI) Supplemental: Early Childhood-Grade 12

Proposed new §228.75 would provide specific language related to the clinical teaching requirements for candidates seeking the Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certification.

§228.77, Clinical Experience for Candidate Seeking Deafblind (DB) Supplemental: Early Childhood-Grade 12 Certification

Proposed new §228.77 would provide specific language related to the clinical teaching requirements for candidates seeking the Deafblind Supplemental: Early Childhood-Grade 12 certification.

§228.79, Exemptions from Required Clinical Experiences for Classroom Teacher Candidates

Proposed new §228.79 would include residency in existing exemptions included in subsections (a) and (b) to exempt candidates pursuing classroom teacher certificates from required clinical experiences.

§228.81, Clinical Experience for Certification Other Than Classroom Teacher

Proposed new §228.81 would establish requirements for EPPs and candidates on completing clinical experience in certificate classes other than classroom teacher.

Proposed new §228.81(f) would specify that only the certification of the candidate, or the discharge, release, or withdrawal of the candidate from the EPP, would relieve the EPP of the duty to support the candidate during the practicum experience.

Specificity was added to proposed new §228.81(d)(1) to include feedback from the candidate's site supervisor, which is responsive to stakeholder feedback and mirrors similar requirements added for clinical teaching and internships.

Subchapter F. Support for Candidates During Required Clinical Experiences

§228.91, Mentors, Cooperating Teachers, Host Teachers and Site Supervisors

Proposed new §228.91(a) would establish the shared responsibility of the EPP and district/campus administrator to determine selection criteria and develop a shared selection process to assign mentors, cooperating teachers, host teachers, and site supervisors to candidates as appropriate.

Proposed new §228.91(b) would specify for teacher residencies that the EPP and district/campus administrator share responsibility to assign host teachers to candidates, by determining the selection criteria and development of a scoring rubric.

Proposed new §228.91(c) would require a mentor or site supervisor be assigned within three-weeks of the start date of an internship or practicum and that a candidate not remain in a placement without an assigned mentor or site supervisor for longer than three weeks.

Proposed new §228.91(d) would provide provisions for cooperating teacher, mentor, host teacher, or site supervisor selection if there is not an individual that matches the criteria for qualification.

Proposed new §228.91(e) would require the EPP to provide research-based training to mentors, cooperating teachers, host teachers, and site supervisors. An education service center or district entity may provide that training with proper documentation of evidence shown in Figure: 19 TAC §228.13(f).

§228.93, Cooperating Teacher Qualifications and Responsibilities

Proposed new §228.93(a)(3) would update the training provided to the cooperating teacher by the EPP to include co-teaching strategies. The window of time in which training must be provided would be expanded to twelve weeks before or three weeks after the candidate assignment.

In proposed new §228.93(a)(4), "not assigned to the clinical teacher" would parallel language to the similar requirement for mentor teacher qualifications.

§228.95, Host Teacher Qualifications and Responsibilities

Proposed new §228.95(a) would define the requirements for host teachers as at least three creditable years of teaching experience (19 TAC Chapter 153, Subchapter CC, Commissioner's Rules on Creditable Years of Teaching Experience), recognition as an accomplished teacher demonstrated by at least three years of teacher evaluations with a proficient or above proficient appraisal rating, evidence of student growth and achievement impact, and other dispositional criteria defined by the EPP and district/campus administration partnership. Host teachers are required to be trained by the EPP at least twice per school year on best practices in coaching, mentoring, and co-teaching, cannot already be assigned as a field supervisor, and are required to hold a valid certificate in the certification category of the residency assignment.

Proposed new §228.95(b) would establish the duties of a host teacher to include supporting the candidate's development in a co-teaching model that allows for gradual release of the candidate to lead instruction, providing feedback and support on key dimensions such as classroom management and assessment, and reporting the candidate's progress during collaboration with the field supervisor at least monthly. §228.97, Mentor Qualifications and Responsibilities

Proposed new §228.97(a)(5) would provide flexibility to the training requirement for mentor teachers by expanding the window of time of the training to twelve weeks before or three weeks after the candidate's assignment start date.

§228.99, Site Supervisor Qualifications and Responsibilities

Proposed new §228.99 would set out the qualifications and responsibilities of a site supervisor in a separate subsection for ease of reference. Section 228.99(a)(3) would provide flexibility to the training requirement for site supervisors by expanding the window of time in which the EPP must provide the training from three weeks to within twelve weeks before or three weeks after the candidate's assignment start date. This flexibility would allow for training to occur before the start of school if needed.

§228.101, Field Supervisor Qualifications and Responsibilities

Proposed new §228.101(a) would identify the field supervisor must be an accomplished educator with experience and certification in the class of certificate being pursued by the candidate observed and the appropriate training for the role of field supervisor.

Proposed new §228.101(a)(4) would require that field supervisors of residency candidates are trained annually by the EPP in coaching, candidate evaluation, and co-teaching strategies and participate in school and district trainings as determined by the partnership. All other qualifications would remain consistent with field supervisor qualifications for all other candidates.

Proposed new §228.101(a)(8) and (9) would establish that a field supervisor must hold a current certification in which supervision is provided or, at a minimum, a master's degree in the academic area or field related to the certification area being supervised and compliance with continuing professional education requirements in Chapter 232, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements.

Proposed new §228.101(b)(1) would require the supervision of each candidate be conducted by a field supervisor that has been trained annually by the EPP and completes the TEA-approved field supervisor training every three years. Field supervisors that have previously completed the TEA-approved training must renew the training by September 1, 2026. Field supervisors that hold valid Texas Teacher Evaluation and Support System (T-TESS) certification do not need to complete the TEA-approved field supervisor training.

Proposed new §228.101(b)(5)(A) would require that, at a minimum, field supervisors must provide informal observations and ongoing coaching, informed by the areas identified for improvement in the formal post-observation conference, at least three times per semester for at least 15 minutes for candidates in clinical teaching, internships, and practicum assignments, and must include observation and feedback on targeted skills.

The language in proposed new §228.101(b)(5)(B) would require that the first informal observation must occur within the first six weeks of the clinical teaching or internship assignment and must be in person, while providing flexibility for the remainder of informal observations to be conducted in person or virtually.

Proposed new §228.101(b)(5)(C) would establish that all informal observations for practicums may be conducted virtually.

Proposed new §228.101(b)(6) would require the first two informal observations for late hire candidates to be conducted in person within the first eight weeks of the candidate's start date to ensure early responsive support for teacher candidates who are entering the classroom as a teacher of record with limited previous preparation.

Proposed new §228.101(b)(7) would require informal observations for candidates in residency assignments.

Proposed new §228.101(b)(9)-(12) would require that the field supervisor must collaborate with the candidate and cooperating teacher, mentor and campus supervisor, or site supervisor, as applicable throughout the clinical experience and would define quality and frequency of the collaboration to ensure candidates receive consistent support.

§228.103, Formal Observations for Candidates in Residency Assignments

Proposed new §228.103(a) would require the EPP to provide the first formal observation within the first six weeks of the residency assignment.

Proposed new §228.103(b) would require two in-person 45-minute formal observations per semester that include pre- and post-observation conference with the candidate.

§228.105, Formal Observations for All Candidates for Initial Classroom Teacher Certification

Proposed new §228.105 would set out the requirements for formal observations that apply to all classroom teacher certification candidates regardless of their certification route.

§228.107, Formal Observations for Candidates in Clinical Teaching Assignments

Proposed new §228.107 would set out the observation requirements that apply specifically to clinical teaching. The observation requirements would align with the duration of clinical teaching in proposed new §228.67, Clinical Teaching.

§228.109, Formal Observations for Candidates in Internship Assignments

Proposed new §228.109 would set out the observation requirements that apply specifically to internships. In response to stakeholder feedback, the number of formal observations conducted for candidates holding Probationary certificates was increased from three to five.

§228.111, Formal Observations for Candidates Employed as Educational Aides

Proposed new §228.111 would set out the observation requirements that apply specifically to candidates seeking to complete their clinical teaching while working as educational aides. In response to stakeholder feedback, the number of formal observations conducted was increased from three to four.

§228.113, Support and Formal Observations for Candidates Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12

Proposed new §228.113 would set out the observation requirements that apply specifically to candidates seeking supplemental certification as a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12.

Proposed new §228.113(c)(3) would provide specification regarding the pre- and post-observation activities that must be conducted relative to the observation.

§228.115, Support and Formal Observations for Candidates Seeking the Deafblind Supplemental: Early Childhood-Grade 12 Certification

Proposed new §228.115 would set out the observation requirements that apply specifically to candidates seeking supplemental certification as a teacher of Deafblind Supplemental: Early Childhood-Grade 12 certification.

§228.117, Support and Formal Observations for Candidates Other Than Classroom Teacher

Proposed new §228.117 would establish the requirements for EPPs supporting candidates seeking certificates other than classroom teacher during the candidates' practicums.

Proposed new §228.117(b)(3) would provide specification regarding when the pre-observation and post-observation activities should be conducted relative to the observation.

Subchapter G. Complaints and Investigations

§228.121, Complaints and Investigations Procedures

Proposed new §228.121(d)(3)(B) would require the EPP to respond to requests for more information during a complaint's investigation within 10 business days.

Proposed new §228.121(d)(4)(D) would require TEA staff to provide written notice to the EPP under investigation when TEA staff closes an investigation.

§228.123, Educator Preparation Program Responsibilities for Candidate Complaints

Proposed new §228.123(a) would establish that an EPP must adopt and send to TEA staff a complaint procedure that requires the EPP to timely attempt to resolve complaints at the EPP level before a complaint is filed with TEA staff.

FISCAL IMPACT: Emily Garcia, associate commissioner for educator preparation, certification, and enforcement has determined that for the first five years the proposal is in effect, that there may be an additional fiscal impact on state or local governments and potential increased costs to entities required to comply with the proposal. The impact to state government is to EPPs and the impact to local government or other entities are to school districts and open-enrollment charter schools.

The requirements created by HB 1605, 88th Texas Legislature, Regular Session, 2023, for EPPs include changes to curriculum regarding the use of open education resource (OER) instructional materials approved by the SBOE and the prohibition of instruction on three-cueing may increase costs for EPPs in developing that curriculum for each year of the first five years the rule is in effect, but that impact is created by the statutory requirement from HB 1605 and not the agency regulation.

There may be costs for an EPP to implement the proposed increase in formal observations (from three to five) for Probationary Certificate holders; the increase in formal observations (from three to four) for candidates completing clinical teaching; and for required informal observations and ongoing coaching at least three times per semester for 15 minutes, with the first informal observation required to be in-person and the flexibility to conduct other observations virtually. While these requirements may increase costs for EPPs, due to the various programmatic models and structures of EPPs, including an EPP's staffing structure, current number of internally required observations, and travel, TEA staff is unable to estimate the potential cost increase.

The increase in field supervisor training requirements via a TEA-approved training or T-TESS certification beginning in FY27 imposes an additional cost to EPPs. TEA staff has determined a $135-$150 estimated cost per participant for field supervisor training and a $450-$550 estimated cost per participant for T-TESS training. Because both options are acceptable to satisfy Chapter 228 requirements, and because TEA staff are unable to accurately determine the number of individuals by EPP who will need to take these trainings to calculate the scope of this cost due to constraints and due to limitations on the state's insight into the number of field supervisors active on a year-to-year basis, no additional specificity can be offered.

The proposed teacher residency preparation pathway does require EPPs to apply, at no cost, for residency pathway approval. While there may be additional costs for an EPP associated with developing a high-quality program, the residency preparation pathway is optional for EPPs and is, therefore, not a required cost. The costs to EPPs would be widely variable, in that EPPs may already have an established residency preparation pathway that meets the proposed requirements while other EPPs would need to invest time and resources into the development of the residency preparation pathway.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.

COST INCREASE TO REGULATED PERSONS: The proposal does impose a cost on regulated persons and, therefore, is subject to TGC, §2001.0045. However, the proposal is exempt from TGC, §2001.0045, as provided under that statute, because the proposal is necessary to protect the safety and welfare of the residents of this state and necessary to implement HB 1605, 88th Texas Legislature, Regular Session, 2023. In addition, the proposal is necessary to ensure that certified Texas educators are competent to educate Texas students.

TAKINGS IMPACT ASSESSMENT: 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 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 a new regulation with the new teacher residency preparation route and would expand existing regulations by adding preparation requirements specifically for two new certification categories under the teacher class of certificate for Deafblind Early Childhood-Grade 12 and Bilingual Special Education Supplemental certifications.

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 create a new regulation; would not repeal or 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.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT STATEMENT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: 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: The public comment period on the proposal begins December 29, 2023, and ends January 29, 2024. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. The SBEC will take registered oral and written comments on the proposal at the February 16, 2024 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the Department of Educator Preparation, Certification, and Enforcement, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Ms. Emily Garcia, associate commissioner for educator preparation, certification, and enforcement, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on December 29. 2023.

19 TAC §§228.2, 228.10, 228.15, 228.17, 228.20, 228.30, 228.33, 228.35, 228.40, 228.50, 228.60, 228.70

STATUTORY AUTHORITY. The repeals are proposed under Texas Education Code (TEC), §§21.003(a), which 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 TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the State Board for Educator Certification (SBEC) to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which 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 TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2)-(4), which 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, §21.044, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §21.0443, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public though its internet website and gives the SBEC authority to require any person to give information to the Board for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the Board's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which 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; TEC, §21.046(c), which 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, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the Board; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of educator preparation programs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for educator preparation programs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which allows the Board to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; and TEC, §21.051, as amended by HB 4545, 88th Texas Legislature, Regular Session, 2023, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The repeals implement Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1)-(4); 21.044, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023; 21.0441; 21.0442(c); 21.0443; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b)-(c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); §21.04891; 21.049(a); 21.0491; 21.050(a)-(c); and 21.051, as amended by HB 4545, 88th Texas Legislature, Regular Session, 2023; and Texas Occupations Code, §55.007.

§228.1.General Provisions.

§228.2.Definitions.

§228.10.Approval Process.

§228.15.Program Consolidation or Closure.

§228.17.Change of Ownership and Name Change.

§228.20.Governance of Educator Preparation Programs.

§228.30.Educator Preparation Curriculum.

§228.33.Intensive Pre-Service.

§228.35.Preparation Program Coursework and/or Training.

§228.40.Assessment and Evaluation of Candidates for Certification and Program Improvement

§228.50.Professional Conduct.

§228.60.Implementation Date.

§228.70.Complaints and Investigations Procedures.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304865

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER A. GENERAL GUIDANCE

19 TAC §§228.1, 228.2, 228.4, 228.6

STATUTORY AUTHORITY. The new sections are proposed under Texas Education Code (TEC), §§21.003(a), which 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 TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the State Board for Educator Certification (SBEC) to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which 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 TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2)-(4), which 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, §21.044, as amended by HB 1605, 88th Texas Legislature, Regular Session, 2023, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §21.0443, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public though its internet website and gives the SBEC authority to require any person to give information to the Board for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the Board's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which 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; TEC, §21.046(c), which 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, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the Board; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of educator preparation programs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for educator preparation programs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which allows the Board to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; and TEC, §21.051, as amended by HB 4545, 88th Texas Legislature, Regular Session, 2023, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1)-(4); 21.044, as amended by House Bill (HB) 1605, 88th Texas Legislature, Regular Session, 2023; 21.0441; 21.0442(c); 21.0443; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b)-(c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); §21.04891; 21.049(a); 21.0491; 21.050(a)-(c); and 21.051, as amended by HB 4545, 88th Texas Legislature, Regular Session, 2023; and Texas Occupations Code, §55.007.

§228.1.General Provisions.

(a) To ensure the highest level of educator preparation and practice, the State Board for Educator Certification (SBEC) recognizes that the preparation of educators must be the joint responsibility of educator preparation programs (EPP) and the Early Childhood-Grade 12 public and private schools of Texas. Collaboration in the development, delivery, and evaluation of educator preparation is required.

(b) Consistent with Texas Education Code (TEC), §21.049, the SBEC's rules governing educator preparation are designed to promote flexibility and creativity in the design of EPPs to accommodate the unique characteristics and needs of different regions of the state as well as the diverse population of potential educators.

§228.2.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Academic year--If not referring to the academic year of a particular public, private, or charter school or institution of higher education (IHE), September 1 through August 31.

(2) Accredited institution of higher education--An IHE that, at the time it conferred the degree, was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.

(3) Alternative certification program--An approved educator preparation program, delivered by entities described in §228.25(a) of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a bachelor's degree from an accredited IHE.

(4) Analysis--examining teaching and/or instructional resources (e.g., student work samples, a video of teaching practices) to recognize key teaching practices enacted in a variety of ways, build understanding of the practice through repeated review, develop a shared vision for a teacher practice, and compare their own practice for improvement.

(5) Assignment start date--For an internship, clinical teaching, or residency, the first day of instruction with students. For a nonteacher practicum experience, the first day of the window in which the candidate is authorized by the EPP to begin the practicum experience.

(6) Authentic school setting--For the purpose of field-based experiences, during the school day and the school year and including summer school; not to include professional development, extracurricular activities, workdays when students are not present, and before- or after-school childcare or tutoring.

(7) Benchmarks--Reference points throughout the preparation process where candidates are assessed for progress toward completing EPP requirements (e.g., admission, passing a specific course or courses, passing a certification exam, completing preservice requirements).

(8) Campus supervisor--A school administrator or designee responsible for the annual performance appraisal of an intern or a candidate pursuing a residency certificate.

(9) Candidate--An individual who has been formally or contingently admitted into an EPP; also referred to as an enrollee or participant.

(10) Candidate coach--A person as defined in §228.39(b)(1)-(3) of this title (relating to Intensive Pre-Service) who participates in a minimum of four observation/feedback coaching cycles provided by program supervisors, completes a Texas Education Agency (TEA)-approved observation training or has completed a minimum of 150 hours of observation/feedback training, and has current certification in the class in which supervision is provided.

(11) Certification category--A certificate type within a certification class, as described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).

(12) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certificates), that has defined characteristics; may contain one or more certification categories, as described in Chapter 233 of this title.

(13) Classroom teacher--An educator who is employed by a school or district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical instructional setting. This term does not include an educational aide, a full-time administrator, or a substitute teacher.

(14) Clinical experience--A supervised educator assignment through an EPP at a public school accredited by the TEA or other school approved by the TEA for this purpose where candidates demonstrate proficiency in the standards for the certificate sought and that may lead to completion of a standard certificate. Clinical experience includes clinical teaching, internship, practicum, and residency.

(15) Clinical teaching--A supervised teacher assignment through an EPP in the classroom of a cooperating teacher at a public school accredited by the TEA or other school approved by the TEA for this purpose that may lead to completion of a standard certificate; also referred to as student teaching.

(16) Clock-hours--The actual number of hours of coursework or training provided; for purposes of calculating the training and coursework required by this chapter, one semester credit hour at an accredited IHE is equivalent to 15 clock-hours. Clock-hours of field-based experiences, clinical teaching, internship, residency, and practicum are actual hours spent in the required educational activities and experiences.

(17) Contingency admission--Admission as described in §227.15 of this title (relating to Contingency Admission).

(18) Completer--A person who has met all the requirements of an approved EPP; also referred to as finisher. In applying this definition, the fact that a person has or has not been recommended for a standard certificate or passed a certification examination shall not be used as criteria for determining who is a completer.

(19) Cooperating teacher--For a clinical teacher candidate, an educator who is collaboratively assigned by the EPP and campus administrator who supports the candidate during the clinical teaching experience.

(20) Co-teaching--A practice in which two or more teachers share instructional responsibility for a single group of students to address specific content and related learning objectives through a variety of approaches that best support the students' learning needs.

(21) Educator--An individual who is required to hold a certificate issued under TEC, Chapter 21, Subchapter B.

(22) Educator preparation program--An entity that is approved by the SBEC to prepare and recommend candidates for certification in one or more educator certification classes.

(23) Enactments--Opportunities to engage teacher candidates in sheltered/protected practice to develop a skill through such examples as doing student work, role playing student interactions, coached lesson rehearsals, and peer run throughs of a proposed lesson. Candidates should have the opportunity to receive feedback on current practice and integrate feedback into future practices.

(24) Enhanced standard certificate--A type of certificate issued to an individual who has met all requirements as specified in §230.39(b) of this title (relating to Enhanced Standard Certificates) under the teacher class of certificates.

(25) Entity--The individual, corporation, partnership, IHE, public school or school district that is approved to deliver an EPP.

(26) Field-based experiences--Introductory experiences for a classroom teacher certification candidate, incorporated with preparation coursework that involve, at the minimum, reflective observation of and interaction with Early Childhood-Grade 12 students, teachers, and faculty/staff members engaging in educational activities in an authentic school setting.

(27) Field supervisor--A currently certified educator, who preferably has advanced credentials, hired by the EPP to observe candidates, monitor their performance, and provide constructive feedback to improve their effectiveness as educators.

(28) Formal admission--Admission as described in §227.17 of this title (relating to Formal Admission).

(29) Head Start Program--The federal program established under the Head Start Act (42 United States Code (USC), §9801 et seq.) and its subsequent amendments.

(30) Host teacher--for a teacher resident candidate, an educator who is jointly assigned by the EPP and the campus administrator who supports the candidate through co-teaching and coaching during their teacher residency field placement.

(31) Initial certification--The first Texas certificate in a class of certificate issued to an individual based on participation in an approved EPP.

(32) Intensive pre-service--An educator assignment supervised by an EPP accredited and approved by the SBEC prior to a candidate meeting the requirements for issuance of intern and probationary certificates.

(33) Intern certificate--A type of certificate as specified in §230.36 of this title (relating to Intern Certificates) that is issued to a candidate who has passed all required content pedagogy certification examinations and is completing requirements for initial certification through an approved EPP.

(34) Internship--A paid supervised classroom teacher assignment for one full school year at a public school accredited by the TEA or other school approved by the TEA for this purpose that may lead to completion of a standard certificate.

(35) Late hire--An individual who is both accepted into an EPP after the 45th day before the first day of instruction and hired for a teaching assignment by a school after the 45th day before the first day of instruction or after the school's academic year has begun.

(36) Long-term substitute--An individual that has served in place of a teacher of record in a classroom for at least 30 consecutive days; also referred to as a permanent substitute.

(37) Mentor--For an internship candidate, an educator who is employed as a classroom teacher on the candidate's campus and who is assigned to support the candidate during the internship experience.

(38) Pedagogy--The art and science of teaching that incorporates instructional methods that are developed from scientifically based research.

(39) Performance task--An assessment in which the teacher candidate applies learning and demonstrates a discrete set of skills, resulting in a tangible product or performance that serves as evidence of learning. The assessment must be evaluated using a standard rubric or set of criteria and must not include multiple-choice questions.

(40) Post-baccalaureate program--An EPP, delivered by an accredited IHE and approved by the SBEC to recommend candidates for certification, that is designed for individuals who already hold at least a bachelor's degree and are seeking an additional degree.

(41) Practicum--A supervised educator assignment at a public school accredited by the TEA or other school approved by the TEA for this purpose that is in a school setting in the particular class for which a certificate in a class other than classroom teacher is sought.

(42) Probationary certificate--A type of certificate as specified in §230.37 of this title (relating to Probationary Certificates) that is issued to a candidate who has passed all required certification examinations and is completing requirements for certification through an approved EPP.

(43) Representations--Artifacts and illustrations of instruction used to help teacher candidates see and analyze strong teaching practices. Representations expose teacher candidates to and build understanding of specific criteria of effective teacher practices, as well as deepen their content knowledge for teaching. May include teacher educator modeling, student work, videos and transcripts.

(44) Residency--A supervised educator assignment for an entire school year through a partnership between an EPP and a public school accredited by the TEA or other school approved by the TEA for this purpose that may lead to completion of an enhanced standard certificate.

(45) School day--Actual school attendance days during the regular academic school year, including a partial day that students attend school for instructional purposes as adopted by the district or governing body of the school, excluding weekends, holidays, summer school, etc. For the purpose of completing clinical experiences, the school day must be at least four hours, including intermissions and recesses, but not including conference or lunch periods, professional development, or extracurricular activities.

(46) School year--The period of time starting with the first instructional day for students through the last instructional day for students as identified on the calendar of the campus or district for the school year in which the candidate is completing the clinical experience.

(47) Site supervisor--For a practicum candidate, an educator who is assigned collaboratively by the campus or district administrator and the EPP and who supports the candidate during the practicum experience.

(48) Standard certificate--A type of certificate issued to an individual who has met all requirements for a given class of certification, as specified in §230.33 of this title.

(49) Students with disabilities--A student who is eligible to participate in a school district's special education program under Texas Education Code, §29.003, is covered by Section 504, Rehabilitation Act of 1973 (29 USC Section 794), or is covered by the Individuals with Disabilities Education Act (20 USC Section 1400 et seq.).

(50) Substitute teacher--An individual that serves in place of a teacher of record in a classroom in an accredited public or private school.

(51) Teacher of record--An educator who is employed by a school or district and who teaches in an academic instructional setting or a career and technical instructional setting not less than an average of four hours each day and is responsible for evaluating student achievement and assigning grades.

(52) Texas Education Agency staff--Staff of the TEA assigned by the commissioner of education to perform the SBEC's administrative functions and services.

(53) Texas Essential Knowledge and Skills (TEKS)--The Kindergarten-Grade 12 state curriculum in Texas adopted by the State Board of Education and used as the foundation of all state certification examinations.

§228.4.Declared State of Disaster.

If the governor declares a state of disaster consistent with Texas Government Code, §418.014, Texas Education Agency staff may extend deadlines in this chapter for up to 90 days and decrease clinical teaching, internship, and practicum assignment minimums by up to 20 percent as necessary to accommodate persons in the affected disaster areas.

§228.6.Implementation Date.

The provisions of this chapter are effective September 1, 2024, unless otherwise specified in rule.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304866

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER B. APPROVAL OF EDUCATOR PREPARATION PROGRAMS

19 TAC §§228.11, 228.13, 228.15, 228.17, 228.19

§228.11.New Entity Approval.

(a) An entity seeking initial approval to deliver an educator preparation program (EPP) shall attend a new applicant workshop conducted by Texas Education Agency (TEA) staff and, by December 1 of the same year as the entity attends the workshop, submit an application with evidence indicating the ability to comply with the provisions of this chapter, Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates), Chapter 229 of this title (relating to Accountability System for Educator Preparation Programs), and Chapter 230 of this title (relating to Professional Educator Preparation and Certification).

(1) The application will be in a format determined by the TEA and shall include all the following program components:

(A) ownership and governance of the EPP;

(B) criteria for admission to the EPP;

(D) EPP coursework and training, including ongoing support during clinical teaching, internship, practicum, and residency experiences;

(E) assessment and evaluation of candidates for certification and EPP improvement;

(F) professional conduct of EPP staff and candidates;

(G) EPP complaint procedures;

(H) certification procedures;

(I) required submissions of information, surveys, and other accountability data; and

(J) as required under Texas Education Code (TEC), §21.0443(b)(1) and (2), instruction for all candidates in proactive instructional planning techniques and inclusive practices for all students throughout coursework and clinical experiences.

(2) The applicant may submit an application for one certificate class and up to five certificate categories within the certificate class requested for initial approval.

(3) The applicant must provide evidence the proposed program has the staff, knowledge, and expertise to support individuals in each certificate class and category being requested.

(b) TEA staff will review the application and conduct a pre-approval site visit.

(c) TEA staff shall recommend to the State Board for Educator Certification (SBEC) whether the entity should be approved.

(d) A post-approval site visit will be conducted after the end of the first academic year in which the entity reports completers to TEA in accordance with §229.3 of this title (relating to Required Submissions of Information, Surveys, and Other Data).

(e) All EPPs must be implemented as approved by the SBEC.

(f) An individual or entity seeking approval from the SBEC as an EPP must have at least one physical location open for business in the state of Texas.

§228.13.Continuing Educator Preparation Program Approval.

(a) An educator preparation program (EPP) under this chapter shall be reviewed at least once every five years; however, a review may be conducted at any time at the discretion of TEA staff. Beginning with the 2026-2027 academic year, continuing approval reviews will evaluate implementation of the requirements of this chapter, including implementation during the 2025-2026 academic year.

(b) To conduct the five-year review, TEA staff may conduct either:

(1) an onsite visit, in which TEA staff go in person to an EPP's physical location to review the EPP's evidence of compliance; or

(2) a desk review, in which TEA staff review the EPP's evidence of compliance remotely.

(c) To efficiently administer and implement the State Board for Educator Certification (SBEC)'s purpose under this chapter and the Texas Education Code (TEC), TEA staff must use the following risk factors to determine the need for discretionary reviews and the type of five-year reviews:

(1) a history of the EPP's compliance with state law and SBEC rules, standards, and procedures, with consideration given to:

(A) the seriousness of any violation of a rule, standard, or procedure;

(B) whether the violation resulted in an action being taken against the program;

(D) the number of alleged violations; and

(E) any other matter considered to be appropriate in evaluating the EPP's compliance history;

(2) whether the EPP meets the accountability standards under TEC, §21.045; and

(3) whether the EPP is accredited by other organizations.

(d) When an EPP consolidates with another EPP as described in §228.21 of this title (relating to Program Consolidation or Closure), TEA staff shall conduct a review of the resulting program within one year after the effective date for the consolidation.

(e) The EPP under review must pay the fee for the continuing approval review, as set out in §229.9 of this title (relating to Fees for Educator Preparation Program Approval and Accountability), prior to the start date of the review.

(f) At the time of the review, the EPP shall submit to TEA staff a status report regarding its compliance with existing standards and requirements for EPPs and documentary evidence of its compliance. To determine whether the EPP's evidence of compliance is sufficient, the EPP shall be scored on a rubric developed and published by TEA staff. Eighty percent of the records reviewed must be compliant with applicable requirements in the Texas Administrative Code and TEC. Evidence of compliance is described in the figure provided in this subsection.

Figure: 19 TAC §228.13(f) (.pdf)

(g) An EPP's participation in a continuing approval review pilot may serve as the EPP's required five-year review as prescribed in subsection (a) of this section.

(h) An EPP is responsible for establishing procedures and practices to ensure the security of information against unauthorized or accidental access, disclosure, modification, destruction, or misuse prior to the expiration of the retention period. Unless specified otherwise, the EPP must retain evidence of compliance described in the figure provided in subsection (f) of this section for a period of five years. The EPP shall retain documents that evidence a candidate's eligibility for admission to the EPP and all evidence of a candidate's completion of all EPP requirements for a period of five years after a candidate completes, withdraws from, or is discharged or released from the EPP.

§228.15.Additional Approval.

(a) An alternative certification program seeking approval to implement a clinical teaching component shall submit a description of the following elements of the program for approval by Texas Education Agency (TEA) staff on an application in a form developed by TEA staff that shall include, at a minimum, the following:

(1) general clinical teaching program description, including conditions under which clinical teaching may be implemented;

(2) selection criteria for clinical teachers;

(3) selection criteria for cooperating teachers;

(4) description of support and communication between candidates, cooperating teachers, and the alternative certification program;

(5) description of program supervision; and

(6) description of how candidates are evaluated.

(b) An educator preparation program (EPP) seeking approval to implement a residency program must submit a complete application in a form developed by TEA staff for consideration and approval by the State Board for Educator Certification (SBEC). The application must include evidence indicating the ability to comply with the provisions of this chapter and Chapter 230 of this title (relating to Professional Educator Preparation and Certification).

(1) To determine whether the EPP's evidence of compliance is sufficient, the program shall be scored on a rubric developed and published by TEA staff. Evidence of compliance is described in the figure provided in this paragraph.

Figure: 19 TAC §228.15(b)(1) (.pdf)

(2) TEA staff will review the application and required evidence and shall recommend to the SBEC whether the residency program should be approved.

(3) A post-approval site visit will be conducted after the end of the first academic year in which the program reports residency completers to the TEA in accordance with §229.3 of this title (relating to Required Submissions of Information, Surveys, and Other Data).

(1) An EPP that is rated Accredited, as provided in §229.4 of this title (relating to Determination of Accreditation Status), may request the addition of a certificate class that has not been previously approved by the SBEC but must present a complete application in a form developed by TEA staff for consideration and approval by the SBEC. The application at a minimum must include the components identified in §228.11(a)(1) of this title (relating to New Entity Approval) and must document evidence that the EPP has the staff knowledge and expertise to support individuals participating in the certificate class being requested.

(2) An EPP that is rated Accredited, as provided in §229.4 of this title, may request additional certificate categories be approved by TEA staff if the requested additional certificate categories are within the classes of certificates for which the EPP has been previously approved by the SBEC, by submitting an application in a form developed by TEA staff. The application shall include, at a minimum, the curriculum matrix, a description of how the educator standards for the certificate are incorporated into the coursework and training; and documentation showing that the program has the staff knowledge and expertise to support individuals participating in the certificate category being requested. The curriculum matrix must include the educator standards, the test framework competencies, the applicable Texas Essential Knowledge and Skills, the course and/or module names, and the benchmarks and assessments used to measure mastery of the standards and competencies and candidate progress through coursework.

(3) An EPP rated Accredited, as provided in §229.4 of this title, and currently approved to offer a certificate for which the SBEC is changing the grade level of the certificate may request to offer the preapproved category at different grade levels if the requested additional certificate categories are within the classes of certificates for which the EPP has been previously approved by the SBEC, by submitting an application in a form developed by TEA staff that shall include, at a minimum, a modified curriculum matrix that includes:

(A) the educator standards;

(B) test framework competencies;

(D) the benchmarks and assessments used to measure successful program progress.

(4) An EPP that has an accreditation status other than Accredited, as listed in §229.4 of this title, may not apply to offer additional certificate categories or classes of certificates.

(d) An EPP that is rated Accredited, may open additional locations, provided the program informs TEA staff of any additional locations at which the program is providing educator preparation 60 days prior to providing educator preparation at the location. Additional program locations must operate in accordance with the program components under which the program has been approved to operate. An EPP that has an accreditation status listed in §229.4 of this title other than Accredited may not open additional locations.

§228.17.Limitations on Educator Preparation Program Amendments.

(a) An educator preparation program (EPP) that is rated Accredited or Accredited-Not Rated may amend its program, provided the program informs Texas Education Agency (TEA) staff of any amendments 60 days prior to implementing the amendments. An EPP must submit notification of a proposed amendment to its program on a letter signed by the EPP's legal authority or representative that explains the amendment, details the rationale for changes, and includes documents relevant to the amendment.

(b) An EPP that is not rated Accredited or Accredited-Not Rated may amend its program, provided the program informs TEA staff of any amendments 120 days prior to implementing the amendments. An EPP must submit notification of a proposed amendment on a letter signed by the EPP's legally authorized agent or representative that explains the amendment, details the rationale for changes, and includes documents relevant to the amendment. The EPP shall be notified in writing of the approval or denial of its proposal within 60 days following the receipt of the notification by TEA staff.

§228.19.Contingency of Approval.

(a) Approval of an educator preparation program (EPP), including each specific certificate class and category, by the State Board for Educator Certification, is contingent upon approval by other lawfully established governing bodies such as the Texas Higher Education Coordinating Board, boards of regents, or school district boards of trustees.

(b) Continuing EPP approval is contingent upon compliance with superseding state and federal law.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304867

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER C. ADMINISTRATION AND GOVERNANCE OF EDUCATOR PREPARATION PROGRAMS

19 TAC §§228.21, 228.23, 228.25

§228.21.Program Consolidation or Closure.

(a) An educator preparation program (EPP) that is consolidating or closing, whether as an entire program or only for specific individual certification categories or classes and whether voluntarily or by order of the State Board for Educator Certification (SBEC), must comply with the following procedures to ensure that all issues relevant to EPP consolidation or closure have been addressed.

(1) The EPP shall submit a letter on official letterhead to Texas Education Agency (TEA) staff signed by the legal authority of the EPP that contains a formal statement of consolidation or closure with a specified effective date for consolidation or closure at least 90 days and no more than 270 days after the date of the letter.

(2) The legal authority of the EPP shall meet with TEA staff weekly between the date of the notice letter required in paragraph (1) of this subsection and the date of closure.

(3) The EPP shall contact the following types of candidates, either in the entire program or in the impacted certification category or class depending on the scope of the closure, with notification of consolidation or closure and the steps candidates must take in relation to their status, and shall maintain evidence of the attempts to notify each candidate:

(A) currently enrolled candidates;

(B) candidates who have been enrolled within the previous five years; and

(4) The EPP shall not admit candidates or recommend candidates for an intern or probationary certificate within one year of its closure date.

(5) The EPP shall identify approved EPPs to provide test approval and standard certification recommendations for completers at the closing EPP.

(A) The closing EPP shall provide its candidates with a list of approved EPPs that can continue to support completers through test approval and standard certification.

(B) To expedite the candidates' transfer to other programs, the closing EPP shall provide each candidate with appropriate documentation, such as a transcript or transfer form, reflecting all program requirements the candidate has met.

(6) For five years after an EPP's closure, the EPP must identify and keep current a representative's name, electronic mail address, and telephone number to provide access to candidate records and responses to former candidate's questions and/or issues. If an EPP is consolidating, the candidate records will transfer to the new EPP.

(7) The EPP must complete required SBEC and TEA actions, including required submissions of information, surveys, and other accountability data; removal of security accesses; reconciliation of certification recommendations; and payment of the Accountability System for Educator Preparation Programs technology fee as specified in §229.9 of this title (relating to Fees for Educator Preparation Program Approval and Accountability).

(b) The chief operating officer, legal authority, or a member of the governing body of an EPP that fails to comply with the consolidation or closure procedures in this section is not eligible to apply for SBEC approval to offer an EPP.

(c) The chief operating officer, legal authority, or a member of the governing body of an EPP that closes voluntarily due to pending TEA or SBEC action or involuntarily due to SBEC action is not eligible to apply for SBEC approval to offer an EPP.

(d) If an EPP is consolidating or closing only individual certification classes or categories and fails to comply with the consolidation procedures in this section, TEA staff may make a recommendation that the SBEC impose sanctions affecting the new EPP's accreditation status in accordance with §229.5 of this title (relating to Accreditation Sanctions and Procedures) and/or continuing approval status in accordance with §229.6 of this title (relating to Continuing Approval).

(e) If an EPP violates any of the requirements as prescribed in subsection (a)(1)-(7) of this section, TEA staff shall recommend revocation of the EPP's continuing approval to prepare and recommend candidates for certification in accordance with §229.6(c) of this title.

§228.23.Change of Ownership and Name Change.

(a) An educator preparation program (EPP) that changes ownership shall notify Texas Education Agency (TEA) staff of the change of ownership in writing within 10 days of the change.

(b) A change of ownership is any agreement to transfer the control of an EPP. The control of an EPP is considered to have changed:

(1) in the case of ownership by an individual, when more than 50% of the EPP has been sold or transferred;

(2) in the case of ownership by a partnership or a corporation, when more than 50% of the owning partnership or corporation has been sold or transferred; or

(3) in the case of ownership by a board of directors, officers, shareholders, or similar governing body, when more than 50% of the ownership has changed.

(c) An EPP that is not a college or university may not change its name unless it has notified the TEA of a change of ownership within the preceding 90 days and has a State Board for Educator Certification (SBEC) accreditation status of Accredited or Accredited-Not Rated. The EPP shall notify TEA staff of the name change in writing.

(d) An EPP that is a college or university may change its name if the EPP has notified the TEA that the entire college or university has changed its name.

(e) An EPP shall annually report to the SBEC all names that the EPP has done business as during the preceding year. The TEA shall make EPPs' doing-business-as names available to the public on the TEA website as consumer information.

(f) TEA staff shall recommend an accreditation status of Accredited-Probation in accordance with §229.4(e)(2) of this title (relating to Determination of Accreditation Status) for any EPP that fails to timely notify TEA staff regarding a change in ownership or a change of program name.

§228.25.Governance of Educator Preparation Programs.

(a) The preparation of educators shall be a collaborative effort among public schools accredited by the Texas Education Agency (TEA) and/or TEA-recognized private schools; regional education service centers; institutions of higher education; and/or business and community interests; and shall be delivered in cooperation with public schools accredited by the TEA and/or TEA-recognized private schools.

(b) An advisory committee with members representing at least three out of the five groups identified as collaborators in subsection (a) of this section shall assist in the design, delivery, evaluation, and major policy decisions of the educator preparation program (EPP) and shall meet a minimum of once during each academic year. The approved EPP shall inform each member of the advisory committee of the roles and responsibilities of the advisory committee.

(c) The governing body and chief operating officer of an EPP shall provide sufficient support to enable the EPP to meet all standards set by the SBEC and shall be accountable for the quality of the EPP and the candidates whom the EPP recommends for certification.

(d) For an EPP that the State Board for Educator Certification has approved to offer a residency program under §228.65 of this title (relating to Residency), the EPP must meet at least quarterly with district and campus administrators of the school district with which the EPP has partnered, including the campus supervisors of all the EPP's current residency candidates, to review data, including performance data, for the EPP's current residency candidates and to make programmatic decisions or changes to implement continuous improvement of the EPP's residency program.

(e) For the purposes of EPP improvement, an EPP shall continuously evaluate the design and delivery of the EPP components based on performance data, scientifically based research practices, and the results of internal and external feedback and assessments.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304868

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER D. REQUIRED EDUCATOR COURSEWORK AND TRAINING

19 TAC §§228.31, 228.33, 228.35, 228.37, 228.39, 228.41, 228.43, 228.45, 228.47, 228.49, 228.51, 228.53, 228.55, 228.57

§228.31.Minimum Educator Preparation Program Obligations to All Candidates.

(a) Each educator preparation program (EPP) must develop and implement a calendar of program activities that must include a deadline for accepting candidates into a program cycle to assure adequate time for admission, coursework, training, and field-based experience requirements prior to a clinical teaching or internship experience. If an EPP accepts candidates after the deadline, the EPP must develop and implement a calendar of program activities to assure adequate time for admission, coursework, training, and field-based experience requirements prior to a clinical teaching experience or internship or, if a late hire, by the specified deadline in the late hire provision.

(b) All EPPs shall have a published exit policy for dismissal of candidates that is reviewed and signed by candidates upon admission. The exit policy must identify a point of dismissal for inactive candidates after no more than two years of inactivity, or university-based EPPs may adopt their institution's policy. An inactive candidate is one who is no longer completing coursework, training, and testing requirements with an EPP and is not a completer of the EPP.

(c) To ensure that a candidate for educator certification is prepared to receive a standard or enhanced standard certificate, the EPP shall establish benchmarks and structured assessments of the candidate's progress throughout the EPP and provide support and interventions to each candidate based on the benchmark and structured assessment results.

(d) An EPP is responsible for ensuring that each candidate is adequately prepared to pass the appropriate examination(s) required for certification. An EPP shall determine the readiness of each candidate to take the appropriate certification examination of content, pedagogy, and professional responsibilities, including professional ethics and standards of conduct.

(e) The EPP shall grant test approval when the EPP determines the candidate is ready, or if the candidate is a completer. An EPP may make test approval contingent on a candidate completing additional coursework and/or training to show that the candidate is prepared to pass the test if the candidate is seeking test approval from the EPP in an area where the standards and/or test changed since the candidate completed all requirements of the EPP or if the candidate has returned to the EPP for test approval one or more years following the academic year of completion of all program requirements.

(f) Upon the written request of the candidate, an EPP may prepare a candidate and grant test approval for a classroom teacher certificate category other than the category for which the candidate was initially admitted to the EPP only if:

(1) the candidate would meet the requirements for admission under §227.10 of this title (relating to Admission Criteria) in the requested certificate category;

(2) the EPP provides coursework and training in the educator standards and test framework competencies related to the requested certificate category; and

(3) the EPP ensures that the candidate is adequately prepared to pass the appropriate content pedagogy examination(s) required for the requested certificate category.

(g) An EPP shall not grant test approval for a certification examination until a candidate has met all of the requirements for admission to the EPP and has been contingently or formally admitted into the EPP.

(h) An EPP shall ensure that candidates complete all coursework and training and complete a successful clinical experience prior to identifying the candidate as a completer and recommending standard or enhanced standard certification. Candidates for teacher certification that meet one of the requirements in §228.79 of this title (relating to Exemptions from Required Clinical Experiences for Classroom Teacher Candidates) are exempt from completing the required field-based experience and clinical experience.

(i) An EPP shall retain documents that evidence a candidate's eligibility for admission to the program and evidence of completion of all program requirements for a period of five years after a candidate completes, withdraws from, or is discharged or released from the program.

(j) During the period of preparation, the EPP shall ensure that the individuals preparing candidates and the candidates themselves understand and adhere to Chapter 247 of this title (relating to Educators' Code of Ethics).

§228.33.Preparation Program Coursework and/or Training for All Certification Classes.

(a) An educator preparation program (EPP) shall provide coursework and/or training to adequately prepare candidates for educator certification and ensure the educator is effective in the assignment.

(b) Coursework and/or training shall be sustained, rigorous, intensive, interactive, candidate-focused, and must include multiple performance tasks and other evaluative tools that require candidates to demonstrate proficiency in the educator standards and test framework competencies related to the certificate class or category sought.

(c) All coursework and/or training shall be completed prior to an EPP identifying a candidate as a completer and recommending standard or enhanced standard certification.

(d) Coursework and training that is offered online must meet criteria set for accreditation, quality assurance, and/or compliance with one or more of the following:

(1) Accreditation or Certification by the Distance Education Accrediting Commission;

(2) Program Design and Teaching Support Certification by Quality Matters;

(3) Part 1, Chapter 4, Subchapter P, of this title (relating to Approval of Distance Education Courses and Programs for Public Institutions); or

(4) Part 1, Chapter 7, of this title (relating to Degree Granting Colleges and Universities Other than Texas Public Institutions).

§228.35.Substitution of Applicable Experience and Training.

Each educator preparation program (EPP) must develop and implement specific criteria and procedures that allow:

(1) military service member or military veteran candidates to credit verified military service, training, clinical and professional experience, or education toward the training, education, work experience, or related requirements (other than certification examinations) for educator certification requirements, provided that the military service, training, or education is directly related to the certificate being sought;

(2) candidates who are not military service members or military veterans to substitute prior or ongoing service, training, or education, provided that the experience, education, or training is not also counted as a part of the internship, clinical teaching, or practicum requirements, was provided by an approved EPP or an accredited institution of higher education within the past five years, and is directly related to the certificate being sought; and

(3) candidates who previously completed a graduate program from a program approved to offer the Deafblind Early Childhood-Grade 12 certificate to receive test approval from the EPP. The EPP may require additional coursework.

§228.37.Coursework and Training for Classroom Teacher Candidates.

(a) An educator preparation program (EPP) shall provide each candidate seeking an initial classroom teacher certification with a minimum of 300 clock-hours of coursework and/or training, including required pre-service coursework and training under §228.41 of this title (relating to Pre-Service Coursework and Training for Classroom Teacher Candidates).

(b) An EPP shall provide a minimum of 200 clock-hours of coursework and/or training for a candidate seeking a Trade and Industrial Workforce Training certificate as specified by §233.14(e) of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area).

§228.39.Intensive Pre-Service.

(a) To offer intensive pre-service, an educator preparation program (EPP) shall provide the following programmatic requirements for a candidate prior to issuing an intern certificate:

(1) a four-week minimum intensive program;

(2) a minimum of 12 instructional days with one hour of supervised instruction per day;

(3) a minimum of four face-to-face observation/feedback coaching cycles provided by qualified coaches with observations that are a minimum of 15 minutes and coaching meetings that are a minimum of 30 minutes; and

(4) the requirements regarding coursework and/or training for a candidate seeking initial certification in the classroom teacher certification class as specified in §228.41of this title (relating to Pre-Service Coursework and Training for Classroom Teacher Candidates) and §228.43 of this title (relating to Pre-Service Field-based Experiences for Classroom Teacher Candidates).

(b) An EPP offering intensive pre-service shall ensure that:

(1) a candidate coach participates in a minimum of four observation/feedback coaching cycles provided by program supervisors and ongoing training;

(2) a candidate coach completes a Texas Education Agency (TEA)-approved observation training or has completed a minimum of 150 hours of observation/feedback training; and

(3) a candidate coach shall have a current certification in the class in which supervision is provided.

(1) the requirements as prescribed in §230.36(f) of this title (relating to Intern Certificates);

(2) programmatic requirements under subsection(a)(1)-(4) of this section; and

(3) the requirements of the following proficiencies in §150.1002 of Part II of this title (relating to Assessment of Teacher Performance) for pedagogical skills that are used by the program and approved by the state and meet all of the following performance level measures:

(A) Developing performance level on Planning Dimension 1.1: Standards and Alignment;

(B) Developing performance level on Planning Dimension 1.2: Data and Assessment;

(D) Developing performance level on Instruction Dimension 2.2: Content Knowledge and Expertise;

(E) Developing performance level on Learning Environment Dimension 3.1: Classroom Environment, Routines, and Procedures;

(F) Developing performance level on Learning Environment Dimension 3.2: Managing Student Behavior;

(G) Developing performance level on Learning Environment Dimension 3.3: Classroom Culture;

(H) Proficient performance level on Professional Practices and Responsibilities Dimension 4.1: Professional Demeanor and Ethics;

(I) Developing performance level on Professional Practices and Responsibilities Dimension 4.2: Goal Setting; and

(J) Developing performance level on Professional Practices and Responsibilities Dimension 4.3: Professional Development.

(d) A candidate participating in intensive pre-service will be eligible for a probationary certificate as prescribed in §230.37(f) of this title (relating to Probationary Certificates).

§228.41.Pre-Service Coursework and Training for Classroom Teacher Candidates.

Unless a candidate qualifies as a late hire under §228.55 of this title (relating to Late Hire Candidates), a candidate shall complete the following prior to any clinical teaching, internship, or residency:

(1) a minimum of 50 clock-hours of field-based experiences that are integrated into coursework and are completed as described in §228.43 of this chapter (relating to Pre-Service Field-Based Experiences for Classroom Teacher Candidates); and

(2) 150 clock-hours of coursework and/or training as prescribed in §228.57 of this title (relating to Educator Preparation Curriculum) that allows candidates to demonstrate proficiency through performance tasks in:

(A) preparing clear, well-organized, sequential, engaging, and flexible lessons that reflect best practice, align with standards and related content, are appropriate for all learners, and encourage higher-order thinking, persistence, and achievement;

(B) formally and informally collecting, analyzing, and using student progress data to inform instruction and make needed lesson adjustments;

(C) ensuring high levels of learning and achievement for all students through knowledge of students, proven practices, and differentiated instruction;

(D) clearly and accurately communicating to support persistence, deeper learning, and effective effort;

(E) organizing a safe, accessible, and efficient classroom;

(F) establishing, communicating, and maintaining clear expectations for student behavior;

(G) leading a mutually respectful and collaborative class of actively engaged learners;

(H) meeting expectations for attendance, professional appearance, decorum, procedural, ethical, legal, and statutory responsibilities;

(I) reflecting on his or her practice;

(J) effectively communicating with students, families, colleagues, and community members;

(K) proactively implementing instructional planning techniques and inclusive practices for all students, including students with disabilities; and

(L) effectively implementing open education resource instructional materials included on the list of approved instructional materials maintained by the State Board of Education under Texas Education Code, §31.022, in each subject area and grade level covered by the certification category.

§228.43.Pre-Service Field-Based Experiences for Classroom Teacher Candidates.

(a) An educator preparation program (EPP) shall require each candidate to complete field-based experiences in a variety of authentic school settings with diverse student populations, including observation of teachers modeling effective practices to improve student learning and opportunities for candidates to practice skills and receive feedback.

(b) For initial certification in the classroom teacher certification class, each EPP shall provide field-based experiences, as defined in §228.2 of this title (relating to Definitions), for a minimum of 50 clock-hours. The field-based experiences must be completed prior to assignment in an internship, clinical teaching, or residency.

(c) Field-based experiences must include, at a minimum, 25 clock-hours in which the candidate, under the direction of the EPP, is actively engaged in instructional or educational activities.

(1) Field-based experiences must be conducted in settings that include all of the following:

(A) authentic school settings in a public school accredited by the Texas Education Agency (TEA) or other school approved by the TEA for this purpose, including all Department of Defense Education Activity (DoDEA) schools, wherever located, and all schools accredited by the Texas Private School Accreditation Commission (TEPSAC);

(B) instruction by content certified teachers;

(D) content or grade-level specific classrooms/instructional settings.

(2) Field-based experiences include candidates engaging with activities such as:

(A) small group instruction;

(B) tutoring;

(D) one-on-one student support;

(E) practicing classroom management skills;

(F) supporting lead teacher instruction; and

(G) coteaching.

(3) Each field-based experience must include a written reflection of the experience that:

(A) is guided by the EPP;

(B) is unique from the other reflections;

(D) identifies educational practices observed and/or experienced.

(4) The time spent writing the written reflection does not count toward the required 25 clock-hours for field-based experiences.

(d) Up to 25 clock-hours of field-based experience may be provided by use of electronic transmission or other video or technology-based method; service as a teacher of record, service as an educational aide, and service as a substitute teacher; and must be under the direction of the EPP.

(1) The field-based experience setting must include:

(A) authentic school settings in an accredited public or private school;

(B) instruction by content certified teachers;

(D) content or grade-level specific classrooms/instructional settings.

(2) Each field-based experience must include a written reflection of the observation that:

(A) is guided by the EPP;

(B) is unique from the other reflections;

(D) identifies educational practices observed and/or experienced.

(3) The time spent writing the written reflection does not count toward the required 25 clock-hours for field-based experiences.

(4) Field-based experience hours identified in this subsection must occur after the candidate's admission into the EPP. The candidate's experience in instructional or educational activities, including reflections as described in paragraph (2) of this subsection, must be documented by the EPP and must be obtained at a public or private school accredited or approved for this purpose by the TEA.

(e) Up to 15 clock-hours of field-based experience may be satisfied by serving as a long-term substitute (as defined in §228.2 of this title) either after the candidate's admission to an EPP or during the two years before the candidate's admission to an EPP. The candidate's experience in instructional or educational activities must be documented by the EPP and must be obtained at a public or private school accredited or approved for this purpose by the TEA.

(f) An EPP may apply to use a public school, a private school, or a school system located within any state or territory of the United States as a site for field-based experience in accordance with §228.63(f) of this title (relating to Locations for Required Clinical Experiences).

§228.45.Coursework and Training Requirements for Early Childhood: Prekindergarten-Grade 3 Certification.

(a) An educator preparation program (EPP) must provide a minimum of 300 clock-hours of coursework and/or training related to the educator standards for the Early Childhood: Prekindergarten-Grade 3 certificate adopted by the State Board for Educator Certification (SBEC) as specified in Chapter 235, Subchapter B, of this title (relating to Elementary School Certificate Standards).

(b) An EPP shall provide each candidate who holds a valid standard, provisional, or one-year classroom teacher certificate specified in §230.31 of this title (relating to Types of Certificates) in a certificate category that allows the applicant to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3 with a minimum of 150 clock-hours of coursework and/or training that is directly aligned to the educator standards as specified in Chapter 235, Subchapter B, of this title. A clinical teaching, internship, or practicum assignment is not required for completion of program requirements.

(c) An EPP shall provide each candidate who holds a valid standard, provisional, or one-year classroom teacher certificate as specified in §230.31 of this title in a certificate category that does not allow the candidate to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3 coursework and/or training as specified in §228.33 of this title (relating to Preparation Program Coursework and/or Training for All Certification Classes) and §228.37 of this title (relating to Coursework and Training for Classroom Teacher Candidates of this section) that is directly aligned to the educator standards as specified in Chapter 235, Subchapter B, of this title. An EPP shall also provide such a candidate a clinical experience as specified in §228.61(a) of this title (relating to Required Clinical Experiences) and §228.63 of this title (relating to Locations for Required Clinical Experiences), a mentor or cooperating teacher as specified in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences), and field supervision and ongoing support as specified in Subchapter F of this chapter.

§228.47.Coursework and Training Requirements for Bilingual Special Education Certification.

An educator preparation program must provide a minimum of 300 clock-hours of coursework and/or training related to the educator standards described in Texas Education Code (TEC), §21.04891, for the Bilingual Special Education certificate adopted by the State Board for Educator Certification.

§228.49.Coursework and Training Requirements for a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12.

An educator preparation program must provide a minimum of 300 clock-hours of coursework and/or training related to the educator standards for the Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12 certificate adopted by the State Board for Educator Certification.

§228.51.Coursework and Training Requirements for a Deafblind Supplemental: Early Childhood-Grade 12.

An educator preparation program must provide a minimum of 300 clock-hours of coursework and/or training related to the educator standards for the Deafblind Supplemental: Early Childhood-Grade 12 certificate adopted by the State Board for Educator Certification.

§228.53.Coursework and Training for Non-Teacher Candidates.

(a) An educator preparation program (EPP) shall provide coursework and/or training to ensure that the educator is effective in the assignment.

(b) An EPP shall provide a candidate with a minimum of 200 clock-hours of coursework and/or training that is directly aligned to the educator standards for the applicable certification class in §239.15 of this title (relating to Standards Required for the School Counselor Certificate), §239.55 of this title (relating to Standards Required for the School Librarian Certificate), §239.84 of this title (relating to Requirements for the Issuance of the Standard Educational Diagnostician Certificate), §239.93 of this title (relating to Requirements for the Issuance of the Reading Specialist Certificate), §241.15 of this title (relating to Standards Required for the Principal as Instructional Leader Certificate), or §242.15 of this title (relating to Standards Required for the Superintendent Certificate).

§228.55.Late Hire Candidates.

(a) A late hire for a school district teaching position may begin employment under an intern or probationary certificate before completing the pre-internship requirements under §228.41 of this title (relating to Pre-Service Coursework and Training for Classroom Teacher Candidates) and §228.43 of this title (relating to Pre-Service Field-Based Experiences for Classroom Teacher Candidates) but shall complete these requirements within 90 business days of the hire date.

(b) With appropriate documentation such as certificate of attendance, sign-in sheet, or other written school district verification, 50 clock-hours of pre-internship training required in subsection (a) of this section may be provided by a school district and/or campus that is a Texas Education Agency (TEA)-approved continuing professional education provider to a candidate who is considered a late hire. The training provided by the school district and/or campus must meet the criteria described in Texas Education Code, §21.451, and must be directly related to the certificate being sought.

(c) A candidate that does not complete the pre-internship requirements under §228.41 of this title and §228.43 of this title within 90 business days of the hire date is not qualified for the intern or probationary certificate. The educator preparation program shall then notify TEA staff to deactivate the intern or probationary certificate in accordance with §228.73(h) of this title (relating to Internship).

§228.57.Educator Preparation Curriculum.

(a) The educator standards adopted by the State Board for Educator Certification (SBEC) shall be the curricular basis for all educator preparation and, for each certificate, address the relevant Texas Essential Knowledge and Skills (TEKS).

(b) The curriculum for each educator preparation program (EPP) shall rely on scientifically based research to ensure educator effectiveness and include opportunities for candidate practice in increasingly more authentic and developmentally rigorous ways, including analysis, representations, and enactments of instructional pedagogies and opportunities to receive feedback and adjust practice during coursework, training and field-based and clinical experiences.

(c) The following subject matter shall be included in the curriculum for candidates seeking initial certification in any certification class:

(1) the code of ethics and standard practices for Texas educators, pursuant to Chapter 247 of this title (relating to Educators' Code of Ethics) as well as Chapter 249, Subchapter B, of this title (relating to Enforcement Actions and Guidelines), which include:

(A) professional ethical conduct, practices, and performance;

(B) ethical conduct toward professional colleagues; and

(2) instruction in detection and education of students with dyslexia by an approved provider as indicated in Texas Education Code (TEC), §21.044(b);

(3) instruction regarding mental health, substance abuse, and youth suicide, as indicated in TEC, §21.044(c-1). Instruction acquired from the list of recommended best practice-based programs or from an accredited institution of higher education or an alternative certification program as part of a degree plan shall be implemented as required by the provider of the best practice-based program or research-based practice;

(4) the skills that educators are required to possess, the responsibilities that educators are required to accept, and the high expectations for all students in this state, including students with disabilities;

(5) the importance of building strong classroom management skills;

(6) the framework in this state for teacher and principal evaluation;

(7) appropriate relationships, boundaries, and communications between educators and students;

(8) instruction in digital learning, virtual instruction, and virtual learning, as defined in TEC, §21.001, including a digital literacy evaluation followed by a prescribed digital learning curriculum. The instruction required must:

(A) be aligned with the latest version of the International Society for Technology in Education's (ISTE) standards as appears on the ISTE website;

(B) provide effective, evidence-based strategies to determine a person's degree of digital literacy;

(i) assessing students receiving virtual instruction, based on academic progress; and

(ii) developing a virtual learning curriculum; and

(D) include resources to address any deficiencies identified by the digital literacy evaluation;

(9) instruction regarding students with disabilities, the use of proactive instructional planning techniques, and evidence-based inclusive instructional practices, as required under TEC §21.044(a-1)(1)-(3); and

(10) instruction in the open education resources instructional materials included on the list of approved instructional materials maintained by the State Board for Education under TEC, §31.022, in each subject area and grade level covered by the candidate's certification category, as required under TEC, §21.044(a-1)(4). A preparation program may not include instruction on the use of instructional materials that incorporate the method of three-cueing, as defined by TEC, §28.0062(a-1), into foundational skills reading instruction, as required under TEC, §21.044(h).

(d) The following subject matter shall be included in the curriculum for candidates seeking initial certification in the classroom teacher certification class:

(1) the relevant TEKS, including the English Language Proficiency Standards;

(2) reading instruction, including instruction that improves students' content-area literacy;

(3) for certificates that include early childhood and prekindergarten, the Prekindergarten Guidelines; and

(4) the skills and competencies as prescribed in Chapter 235 of this title (relating to Classroom Teacher Certification Standards) and captured in the Texas teacher standards in Chapter 149, Subchapter AA, of Part 2 of this title (relating to Teacher Standards).

(e) The following educator content standards from Chapter 235 of this title shall be included in the curriculum for candidates who hold a valid standard, provisional, or one-year classroom teacher certificate specified in §230.31 of this title (relating to Types of Certificates) in a certificate category that allows the candidates who are seeking the Early Childhood: Prekindergarten-Grade 3 certificate to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3:

(1) child development provisions of the Early Childhood: Prekindergarten-Grade 3 Content Standards;

(2) Early Childhood-Grade 3 Pedagogy and Professional Responsibilities Standards; and

(3) Science of Teaching Reading Standards.

(f) For candidates seeking certification in the Principal certification class, the curriculum shall also include the skills and competencies captured in the Texas administrator standards, as indicated in Chapter 149, Subchapter BB, of Part 2 of this title (relating to Administrator Standards).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304869

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER E. EDUCATOR CANDIDATE CLINICAL EXPERIENCES

19 TAC §§228.61, 228.63, 228.65, 228.67, 228.69, 228.71, 228.73, 228.75, 228.77, 228.79, 228.81

§228.61.Required Clinical Experiences.

(a) To prepare a candidate for initial certification in the classroom teacher certification class, an educator preparation program (EPP) shall provide the candidate one of the following:

(1) clinical teaching that meets the standards in §228.67 of this title (relating to Clinical Teaching); or

(2) a clinical teaching option that is approved by the State Board for Educator Certification through an exception request under §228.71 of this title (relating to Exceptions to the Clinical Teaching Requirement); or

(3) an internship that meets the requirements of §228.73 of this title (relating to Internship); or

(4) a residency that meets the requirements of §228.65 of this title (relating to Residency).

(b) Candidates participating in an internship or a clinical teaching assignment must experience a full range of professional responsibilities that shall include the start of the school year. The start of the school year is defined as the first 15 instructional days of the school year. If these experiences cannot be provided through clinical teaching or an internship, they must be provided through field-based experiences.

(c) To prepare a candidate for initial certification in a class other than classroom teacher, an EPP shall provide a practicum for a minimum of 160 clock-hours that meets the requirements in §228.81 of this title (relating to Clinical Experience for Certification Other Than Classroom Teacher).

§228.63.Locations for Required Clinical Experiences.

(a) An internship, clinical teaching, practicum, or residency experience must take place in-person in a Prekindergarten-Grade 12 school setting rather than a distance learning lab or virtual school setting.

(b) An internship, clinical teaching, or residency experience for certificates that include early childhood may be completed at a Head Start Program with the following stipulations:

(1) a certified teacher is available as a trained mentor;

(2) the Head Start program is affiliated with the federal Head Start program and approved by the Texas Education Agency (TEA);

(3) the Head Start program teaches three- and four-year-old students; and

(4) the state's prekindergarten curriculum guidelines are being implemented.

(c) An internship, clinical teaching, practicum, or residency experience shall not take place in a setting where the candidate:

(1) has an administrative role over the mentor, cooperating teacher, site supervisor, or host teacher; or

(2) is related to the field supervisor, mentor, cooperating teacher, site supervisor, or host teacher by blood (consanguinity) within the third degree or by marriage (affinity) within the second degree.

(d) School districts and charter schools authorized under Texas Education Code, Chapter 12, all Department of Defense Education Activity (DoDEA) schools, wherever located, and all schools accredited by the Texas Private School Accreditation Commission (TEPSAC) are approved by the TEA for purposes of internship, clinical teaching, practicum, and/or residency.

(e) Subject to all the requirements of this section, the TEA may approve a school that is not a public school accredited by the TEA as a site for internships, clinical teaching, practicums, and/or residency.

(f) An educator preparation program (EPP) may file an application, with the appropriate fee specified in §229.9 of this title (relating to Fees for Educator Preparation Program Approval and Accountability), with the TEA for approval, subject to periodic review, of a public or private school for a candidate's placement located within any state or territory of the United States, as a site for clinical teaching, practicum, or residency required by this chapter.

(1) The clinical teaching, practicum, or residency site may be approved for a candidate who must complete requirements outside the state of Texas due to the following reasons if they occur following admission to the EPP:

(A) military assignment of candidate or spouse;

(B) illness of candidate or family member for whom the candidate is the primary caretaker;

(D) candidate or spouse transfer of employment.

(2) The application shall identify the circumstances that necessitate the request to complete clinical teaching, practicum, or residency outside of the state of Texas and be in a form developed by TEA staff and shall include, at a minimum:

(A) the accreditation(s) held by the school;

(B) a crosswalk comparison of the alignment of the instructional standards of the school with those of the applicable Texas Essential Knowledge and Skills and State Board for Educator Certification certification standards;

(C) the certification, credentials, and training of the field supervisor(s) who will supervise candidates in the school; and

(D) the measures that will be taken by the EPP to ensure that the candidate's experience will be equivalent to that of a candidate in a Texas public school accredited by the TEA.

(g) An EPP may file an application, with the appropriate fee specified in §229.9 of this title, with the TEA for approval, subject to periodic review, of a public or private school for a candidate's placement located outside the United States, as a site for clinical teaching, practicum, or residency required by this chapter.

(1) The site may be approved for a candidate who must complete requirements outside the United States due to the following reasons if they occur following admission to the EPP:

(A) military assignment of candidate or spouse;

(B) illness of candidate or family member for whom the candidate is the primary caretaker;

(D) candidate or spouse transfer of employment.

(2) The application shall identify the circumstances that necessitate the request to complete clinical teaching, practicum, or residency outside of the United States and be in a form developed by TEA staff and shall include, at a minimum:

(A) the same provisions required in subsection (f)(2) of this section for schools located within any state or territory of the United States;

(B) a description of the on-site program personnel and program support that will be provided;

(C) a description of any risks to candidate or supervising personnel associated with placement in the country specified in the application and options for mitigating risks; and

(D) a description of the school's recognition by the U.S. State Department Office of Overseas Schools.

§228.65.Residency.

(a) To offer a residency, an educator preparation program (EPP) shall provide the following programmatic requirements for a candidate prior to issuing an enhanced standard certificate as prescribed in §230.39 of this title (relating to Enhanced Standard Certificates):

(1) the residency must include a minimum of one full school year of clinical experience, including the first and last instructional days with students, in a classroom supervised by a host teacher in the classroom teacher assignment or assignments that match the certification category or categories for which the candidate is prepared by the EPP;

(2) the residency clinical experience must meet a minimum of 750 hours in total, with a minimum of 21 hours per week during a school week that does not include school district or campus closures or disruptions (e.g., inclement weather, holidays). In the event of a district or campus closure that results in the need for reduced residency clinical experience hours during a given week, the program must document the need for the reduced hours;

(3) the minimum may be reduced to no less than 700 hours if the candidate is absent from the clinical assignment due to a documented instance of parental leave, military leave, extended illness, or bereavement; and

(4) the beginning date of a residency clinical experience for the purpose of field supervision is the first day of instruction with students in the school or district in which the residency takes place.

(b) An EPP offering a residency shall ensure that:

(1) residency candidates are assigned to one distinct field site for the duration of the residency. EPPs may allow exceptions with a documented process for candidates seeking certification in more than one certification category, candidates seeking certification in Early Childhood-Grade 12 certification categories, and candidates with reasonable human resources concerns. The program and the district must both sign documentation that the benefits of two placements outweigh the consequence of not assigning one distinct field placement. Candidates who receive exceptions shall be placed in no more than two distinct field sites;

(2) during the course of the residency, the residency candidate shall engage in increased responsibility for student instruction, including co-teaching and leading classroom instruction for at least 400 hours; and

(3) a residency candidate must experience a full range of professional responsibilities during the residency.

(c) In addition to the benchmarks and structured assessments required under §228.31(c) of this title(relating to Minimum Educator Preparation Program Obligations to All Candidates), the EPP shall manage and support candidate progression through the dimensions described in subsection (f) of this section and determine readiness to proceed to the next level of increased responsibility for student instruction during the residency, including establishing performance gates with performance tasks observed and evaluated by the field supervisor that require residency candidates to demonstrate mastery of certain educator standards to progress to the next level of responsibility for student instruction. Performance gates must be conducted at least four times a year and occur at least twice per semester.

(d) The EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences) for the full term of the residency, unless, prior to the expiration of that term:

(1) the candidate resigns or is terminated by the school or district;

(2) the candidate is discharged or is released from the EPP;

(3) the candidate withdraws from the EPP; or

(4) the residency assignment does not meet the requirements described in this subchapter.

(e) If the candidate leaves the residency assignment for any of the reasons identified in subsection (d) of this section, the EPP, the campus or district personnel, and the candidate must inform each other within one calendar week of the candidate's last day in the assignment.

(f) A candidate participating in a residency shall be eligible for an enhanced standard certificate by completing all of the following:

(1) the requirements as prescribed in §230.39(b) of this title (relating to Enhanced Standard Certificates);

(2) programmatic requirements under subsections (a)-(c) of this section;

(A) Planning Dimension 1.1: Standards and Alignment;

(B) Planning Dimension 1.2: Data and Assessment;

(D) Instruction Dimension 2.2: Content Knowledge and Expertise;

(E) Instruction Dimension 2.3: Communication;

(F) Learning Environment Dimension 3.1: Classroom Environment, Routines, and Procedures;

(G) Learning Environment Dimension 3.2: Managing Student Behavior;

(H) Learning Environment Dimension 3.3: Classroom Culture;

(I) Professional Practices and Responsibilities Dimension 4.1: Professional Demeanor and Ethics;

(J) Professional Practices and Responsibilities Dimension 4.2: Goal Setting; and

(K) Professional Practices and Responsibilities Dimension 4.3: Professional Development.

(g) A residency is successful when the candidate demonstrates proficiency in each of the educator standards for the assignment and the field supervisor, host teacher, and campus supervisor recommend to the EPP that the candidate should be recommended for a residency certificate. If the field supervisor, host teacher, or campus supervisor do not recommend that the candidate should be recommended for an enhanced standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and the field supervisor, the host teacher, or the campus supervisor.

§228.67.Clinical Teaching.

(a) A candidate for initial certification as a classroom teacher must have a clinical teaching assignment for each subject area in which the candidate is seeking certification.

(b) The required duration of a clinical teaching assignment shall be a minimum of 490 hours that is not less than an average of 4 hours each day in the subject area and grade level of certification sought, including planning periods but not including lunch periods. The minimum may be reduced to no less than 455 hours if the candidate is absent from the clinical teaching assignment due to a documented instance of parental leave, military leave, illness, or bereavement.

(c) For certification in more than one subject area that cannot be taught concurrently during the same period of the school day as the primary teaching assignment, at least five hours per week of the clinical teaching requirement in subsection (b) of this section must be completed in each additional subject area if and only if:

(1) the educator preparation program (EPP) is approved to offer preparation in the certification category required for the additional assignment;

(2) the EPP provides ongoing support for each assignment as prescribed in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences);

(3) the EPP provides coursework and training for each assignment to adequately prepare the candidate to be effective in the classroom; and

(4) the campus administrator agrees to assign a qualified cooperating teacher appropriate to each assignment.

(d) The EPP must structure the clinical teaching assignment so that the candidate is provided opportunities for co-teaching and increased instructional responsibility over the course of the clinical teaching assignment and as the candidate demonstrates mastery of educator standards.

(e) Clinical teaching is successful when the candidate demonstrates proficiency in each of the educator standards for the assignment and the field supervisor and cooperating teacher recommend to the EPP that the candidate should be recommended for a standard certificate. If either the field supervisor or cooperating teacher do not recommend that the candidate should be recommended for a standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and either the field supervisor or cooperating teacher.

(f) The EPP may require additional hours of clinical teaching if the first experience was not successful.

(g) An EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter for the full term of the initial and any additional clinical teaching, unless, prior to the expiration of that term:

(1) a standard certificate is issued to the candidate;

(2) the candidate is discharged or is released from the EPP; or

(3) the candidate withdraws from the EPP.

§228.69.Clinical Teaching While Employed as Educational Aide.

Candidates employed as certified educational aides may satisfy their clinical teaching assignment requirement through their instructional duties. Clinical teaching must meet requirements for clinical teaching as specified in §228.67 of this title (relating to Clinical Teaching) and in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences).

§228.71.Exceptions to Clinical Teaching Requirement.

(a) An educator preparation program (EPP) may request an exception to the clinical teaching option described in §228.67 of this title (relating to Clinical Teaching).

(b) An EPP must request an exception by September 15 by submitting a form developed by Texas Education (TEA) staff that requires the EPP to specify:

(1) an alternate requirement that will adequately prepare the candidate for educator certification and ensure the educator is effective in the classroom;

(2) the rationale and support for the alternate clinical teaching option;

(3) a full description and methodology of the alternate clinical teaching option;

(4) a description of the controls to maintain the delivery of equivalent, quality education; and

(5) a description of the ongoing monitoring and evaluation process to ensure that EPP objectives are met.

(c) Exception requests will be reviewed by TEA staff, and TEA staff shall recommend to the State Board for Educator Certification (SBEC) whether the exception should be approved.

(1) The SBEC may:

(A) approve the request;

(B) approve the request with conditions;

(D) defer action on the request pending receipt of further information.

(2) If the SBEC approves the request with conditions, the EPP must meet the conditions specified in the request. If the EPP does not meet the conditions, the approval is revoked.

(3) If the SBEC approves the request, the EPP must submit a written report of outcomes resulting from the clinical teaching exception to the TEA by September 15 of each academic year. EPPs who were approved for an exception before September 1, 2022, must submit a report to the TEA by September 1, 2024.

(A) TEA staff shall present the report to the SBEC to determine whether to renew the exception for another year.

(B) If the EPP does not timely submit the report, the approval is revoked.

(4) If the SBEC denies the exception or an approval is revoked, an EPP must wait at least two years from the date of the denial or revocation before submitting a new request.

§228.73.Internship.

(a) While participating in an internship, a candidate must hold an intern or probationary certificate that is effective on or before the assignment start date of the internship and is valid for the entire duration of the internship. The educator preparation program (EPP) must verify and document that the candidate's intern or probationary certificate is active prior to the start of the internship assignment.

(b) An internship must be for a minimum of one full school year for the classroom teacher assignment or assignments that match the certification category or categories for which the candidate is prepared by the EPP.

(c) An EPP may permit an internship of up to 30 school days less than the required minimum for parental leave, military leave, illness, bereavement leave, or if the late hire date is after the first day of the school year.

(d) The beginning date of an internship for the purpose of field supervision is the first day of instruction with students in the classroom for the school or district in which the internship takes place.

(e) An internship assignment shall not be less than an average of four hours each day in the subject area and grade level of certification sought. The average includes intermissions and recesses but does not include conference and lunch periods. An EPP may permit an additional internship assignment of less than an average of four hours each day only if all of the following are met:

(1) the employing school or district notifies the candidate and the EPP in writing that an assignment of less than four hours will be required;

(2) the primary assignment is not less than an average of four hours each day in the subject area and grade level of certification sought;

(3) the EPP is approved to offer preparation in the certification category required for the additional assignment;

(4) the EPP provides ongoing support for each assignment as prescribed in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences); and

(5) the EPP provides coursework and training for each assignment to adequately prepare the candidate to be effective in the classroom.

(f) An EPP may recommend an additional internship if:

(1) the EPP certifies that the first internship was not successful, the EPP has developed a plan to address any deficiencies identified by the candidate, the candidate's field supervisor, and/or the candidate's mentor, and the EPP implements the plan during the additional internship; or

(2) the EPP certifies that the first internship was successful and that the candidate is making satisfactory progress toward completing the EPP before the end of the additional internship.

(g) An EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences) for the full term of the initial and any additional internship, unless, prior to the expiration of that term:

(1) a standard certificate is issued to the candidate during any additional internship under an intern or probationary certificate;

(2) the candidate resigns, is non-renewed, or is terminated by the school or district;

(3) the candidate is discharged or is released from the EPP;

(4) the candidate withdraws from the EPP;

(5) the candidate is a late hire and fails to meet the pre-internship requirements within 90 business days of assignment in accordance with §228.55 of this title (relating to Late Hire Candidates); or

(6) the internship assignment does not meet the requirements described in this subchapter.

(h) If the candidate leaves the internship assignment for any of the reasons identified in subsection (g) of this section:

(1) the EPP, the campus or district personnel, and the candidate must inform each other within one calendar week of the candidate's last day in the assignment; and

(2) the TEA must receive the certificate deactivation request with all related documentation from the EPP within two calendar weeks of the candidate's last day of the assignment in a format determined by the TEA.

(i) The EPP must communicate the requirements in subsection (h) of this section to candidates and campus or district personnel prior to the assignment start date.

(j) An internship is successful when the candidate demonstrates proficiency in each of the educator standards for the assignment and the field supervisor and campus supervisor recommend to the EPP that the candidate should be recommended for a standard certificate. If either the field supervisor or campus supervisor do not recommend that the candidate should be recommended for a standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and either the field supervisor or campus supervisor.

(k) An internship for a Trade and Industrial Workforce Training certificate may be at an accredited institution of higher education if the candidate teaches not less than an average of four hours each day, including intermissions and recesses, in a dual credit career and technical instructional setting as defined by Part 1, Chapter 4, Subchapter D, of this title (relating to Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges).

§228.75.Clinical Experience for Candidate Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12.

(a) For a candidate seeking certification as a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12, an educator preparation program (EPP) shall provide a clinical experience of at least 350 clock-hours in a supervised educator assignment in a public school accredited by the Texas Education Agency (TEA) or other school approved by the TEA for a candidate seeking certification as a TVI.

(b) The clinical experience is successful when the field supervisor recommends to the EPP that the TVI certification candidate should be recommended for a TVI supplemental certification.

§228.77.Clinical Experience for Candidate Seeking Certification as Deafblind (DB) Supplemental: Early Childhood-Grade 12.

(a) For a candidate seeking certification in the Deafblind (DB) Supplemental: Early Childhood-Grade 12, an educator preparation program (EPP) shall provide a clinical experience of at least 350 clock-hours in a supervised educator assignment in a public school accredited by the Texas Education Agency (TEA) or other school approved by the TEA for a candidate seeking certification in the Deafblind supplemental.

(b) The clinical experience is successful when the field supervisor recommends to the EPP that the Deafblind certification candidate should be recommended for a Deafblind supplemental certification.

§228.79.Exemptions from Required Clinical Experiences for Classroom Teacher Candidates.

(a) Under Texas Education Code (TEC), §21.050(c), a candidate who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under TEC, §54.363, is exempt from the requirements of this chapter relating to field-based experience, internship, clinical teaching, or residency.

(b) Under TEC, §21.0487(c)(2)(B), a candidate's employment by a school or district as a Junior Reserve Officer Training Corps instructor before the person was enrolled in an educator preparation program (EPP) or while the person is enrolled in an EPP is exempt from any clinical teaching, internship, residency, or field-based experience program requirement.

§228.81.Clinical Experience for Certification Other Than Classroom Teacher.

(a) During the practicum, the candidate must demonstrate proficiency in each of the educator standards for the certificate class being sought.

(b) A practicum may not take place exclusively during a summer recess.

(c) An intern or probationary certificate may be issued to a candidate for a certification in a class other than classroom teacher who meets the requirements and conditions, including the subject matter knowledge requirement, prescribed in §230.36 of this title (relating to Intern Certificates) and §230.37 of this title (relating to Probationary Certificates).

(d) An educator preparation program (EPP) may require additional hours of a practicum, including a practicum under an intern or probationary certificate if:

(1) the EPP certifies that the first practicum was not successful, the EPP has developed a plan to address any deficiencies identified by the candidate, the candidate's field supervisor, and/or the candidate's site supervisor, and the EPP implements the plan during the additional practicum; or

(2) the EPP certifies that the first practicum was successful and that the candidate is making satisfactory progress toward completing the EPP before the end of the additional practicum.

(e) A practicum is successful when the field supervisor and the site supervisor recommend to the EPP that the candidate should be recommended for a standard certificate. If either the field supervisor or site supervisor does not recommend that the candidate should be recommended for a standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and either the field supervisor or site supervisor.

(f) An EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences) for the full term of the initial and any additional practicum, unless, prior to the expiration of that term:

(1) a standard certificate is issued to the candidate;

(2) the candidate is discharged or is released from the EPP; or

(3) the candidate withdraws from the EPP.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304870

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER F. SUPPORT FOR CANDIDATES DURING REQUIRED CLINICAL EXPERIENCES

19 TAC §§228.91, 228.93, 228.95, 228.97, 228.99, 228.101, 228.103, 228.105, 228.107, 228.109, 228.111, 228.113, 228.115, 228.117

§228.91.Mentors, Cooperating Teachers, Host Teachers, and Site Supervisors.

(a) In order to support a new educator and to increase educator retention, an educator preparation program (EPP) and campus or district administrator shall collaboratively assign each candidate a mentor during the candidate's internship, collaboratively assign a cooperating teacher during the candidate's clinical teaching experience, collaboratively assign a host teacher during the candidate's residency, and collaboratively assign a site supervisor during the candidate's practicum.

(b) For teacher residencies, the EPP and campus or district administrator shall share responsibility for selection of host teachers, including determining specific selection criteria, development of a scoring rubric, and development of a selection process that involves representatives from the EPP and campus or district administration.

(c) For internships and practicums, the mentor or site supervisor must be assigned to the candidate within three weeks of the candidate's assignment start date. The EPP must not allow a candidate to be in an internship or practicum without an assigned mentor or site supervisor for longer than three weeks.

(d) If an individual who meets the certification category and/or experience criteria for a cooperating teacher, mentor, host teacher, or site supervisor is not available, the EPP and campus or district administrator shall collaborate to ensure an individual who most closely meets the criteria is assigned to the candidate, and the EPP must document the reason for selecting an individual that does not meet the criteria.

(e) The EPP is responsible for providing mentor, cooperating teacher, host teacher, and/or site supervisor training that relies on scientifically based research, but the program may allow the training to be provided by a school, district, or regional education service center if properly documented in accordance with the evidence requirements of Figure: 19 TAC §228.13(f).

§228.93.Cooperating Teacher Qualifications and Responsibilities.

(a) Required qualifications of a cooperating teacher:

(1) at least three creditable years of teaching experience, as defined in Chapter 153, Subchapter CC, of Part II of this title (relating to Commissioner's Rules on Creditable Years of Teaching Experience);

(2) an accomplished educator as shown by student learning;

(3) trained by the educator preparation program, including training in co-teaching strategies and in how to coach and mentor teacher candidates, during the twelve weeks before or three weeks after being assigned to the clinical teacher;

(4) not assigned to the candidate as a mentor, field supervisor, or site supervisor; and

(5) valid certification in the certification category for the clinical teaching assignment for which the clinical teacher candidate is seeking certification.

(b) Duties of a cooperating teacher:

(1) guide, assist, and support the candidate during the candidate's clinical teaching in areas such as lesson preparation, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies; and

(2) report the candidate's progress to the candidate's field supervisor.

§228.95.Host Teacher Qualifications and Responsibilities.

(a) Required qualifications of a host teacher:

(2) an accomplished educator, as determined by the educator preparation program (EPP) in partnership with the district or campus administration, and shown by:

(A) at least three years of proficient or above proficient ratings on teacher evaluations;

(B) demonstrated evidence of positive impact on student learning as determined by a set of student growth and/or achievement data agreed upon by the partnership; and

(3) trained by the EPP, including training in co-teaching strategies and how to coach and mentor teacher candidates, at least twice per school year, including before or within the three weeks after being assigned as a host teacher;

(4) not assigned to the candidate as a field supervisor; and

(5) valid certification in the certification category for the residency assignment for which the residency candidate is seeking certification.

(b) Duties of a host teacher:

(1) co-teach with the residency candidate, gradually releasing instructional responsibility and lead instruction time to the candidate as specified in §228.65(b)(2) of this title (relating to Residency);

(2) guide, assist, give feedback to, and support the candidate during the candidate's residency in areas such as lesson preparation, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies; and

(3) report the candidate's progress to the candidate's field supervisor at least monthly.

§228.97.Mentor Qualifications and Responsibilities.

(a) Required qualifications of a mentor:

(2) accomplishment as an educator as shown by student learning;

(3) not assigned to the candidate as a cooperating teacher, field supervisor, or site supervisor;

(4) trained as a mentor by the educator preparation program (EPP) or the campus or district, including training in how to coach and mentor teacher candidates, during the twelve weeks before or three weeks after the candidate's assignment start date; and

(5) valid certification in the certification category in which the internship candidate is seeking certification.

(b) Duties of a mentor:

(1) guide, assist, and support the candidate throughout the entirety of the internship in areas such as lesson preparation, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies; and

(2) report the candidate's progress to the candidate's field supervisor.

§228.99.Site Supervisor Qualifications and Responsibilities.

(a) Required qualifications of a site supervisor:

(1) at least three creditable years of experience, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), in the aspect(s) of the certification class being pursued by the candidate;

(2) valid certification in the certification class in which the practicum candidate is seeking certification;

(3) trained by the educator preparation program (EPP), including training in how to coach and mentor candidates, during the twelve weeks before or three weeks after the start of the candidate's practicum;

(4) not serving as a field supervisor for a candidate completing a practicum, clinical teaching, or internship; and

(5) accomplishment as an educator as shown by student learning.

(b) Duties of a site supervisor:

(1) guide, assist, and support the candidate during the practicum; and

(2) report the candidate's progress to the candidate's field supervisor.

§228.101.Field Supervisor Qualifications and Responsibilities.

(a) Required qualifications of a field supervisor:

(1) accomplishment as an educator as shown by student learning; and

(2) not employed by the same school where the candidate being supervised is completing his or her clinical teaching, internship, or practicum; and

(3) trained by the educator preparation program (EPP) as a field supervisor; and

(4) for a supervisor of residency candidates, trained annually by the EPP in coaching and co-teaching strategies and candidate evaluation and participation in school and/or district trainings, as determined by the district partner; and

(5) has completed Texas Education Agency (TEA)-approved training as required in subsection (b)(1) of this section or, for field supervisors supporting teacher candidates, is a currently certified Texas Teacher Evaluation and Support System (T-TESS) appraiser; and

(6) not assigned to the candidate as a mentor, cooperating teacher, or site supervisor; and

(7) three years of creditable experience, as defined by Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service), in the class in which supervision is provided, including:

(A) for a supervisor of classroom teacher and reading specialist candidates, experience as a campus-level administrator and a current certificate that is appropriate for a principal assignment may also supervise teacher and reading specialist candidates; and

(B) for a supervisor of principal candidates, experience as a district-level administrator and a current certificate that is appropriate for a superintendent assignment may also supervise principal candidates; and either

(8) valid certification in the class in which supervision is provided; or

(9) at least a master's degree in the academic area or field related to the certification class for which supervision is being provided, and in compliance with the same number, content, and type of continuing professional education requirements described in §232.11 of this title (relating to Number and Content of Required Continuing Professional Education Hours) and §232.15 of this title (relating to Types of Acceptable Continuing Professional Education Activities) for the certification class for which supervision is being provided.

(b) Duties of a field supervisor:

(1) Supervision of each candidate shall be conducted with the structured guidance and regular ongoing support of an experienced educator who has been trained annually as a field supervisor by the EPP and completed TEA-approved field supervisor training at least every three years. Field supervisors who have completed TEA-approved training must renew that training by September 1, 2026, and then renew the training at least one time per each three-year period thereafter. Field supervisors who support teacher candidates and who maintain valid T-TESS certification are not required to renew TEA-approved field supervisor training.

(2) The field supervisor must contact the assigned candidate within the first three weeks after the assignment start date for a candidate seeking certification as a classroom teacher and within the first quarter of the assignment for a candidate seeking certification in a class other than classroom teacher. The field supervisor must contact a candidate who is a late hire as defined in §228.2 of this title (relating to Definitions) within the first week after the candidate's assignment start date. Contact may be made by telephone, email, or other electronic communication.

(3) The field supervisor shall verify the candidate's internship placement within the first three weeks of the candidate's internship assignment and shall notify the EPP if the internship placement does not meet the requirements of this chapter, including assignment of a qualified mentor.

(4) Field supervisors shall conduct observations of candidates as described in §§228.103 of this title (relating to Formal Observations for Candidates in Residency Assignments), 228.105 of this title (relating to Formal Observations for All Candidates for Initial Classroom Teacher Certification), 228.107 of this title (relating to Formal Observations for Candidates in Clinical Teaching Assignments), 228.109 of this title (relating to Formal Observations for Candidates in Internship Assignments), 228.111 of this title (relating to Formal Observations for Candidates Employed as Educational Aides), 228.113 of this title (relating to Support and Formal Observations for Candidates Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12), 228.115 of this title (relating to Support and Formal Observations for Candidates Seeking Deafblind Supplemental: Early Childhood-Grade 12), and 228.117 of this title (relating to Support and Formal Observations for Candidates Other Than Classroom Teacher).

(5) With the exception of candidates who are late hires as defined in §228.2 of this title, field supervisors of candidates in clinical teaching, internship, and practicum assignments shall provide informal observations and ongoing coaching as appropriate and needed and, at a minimum, include the following:

(A) at least three informal observations that are 15 minutes or more in duration per semester of the internship, clinical teaching, or practicum assignment;

(B) the first informal observation must occur within the first six weeks of the clinical teaching or internship assignment and must be in-person. Additional informal observations may be conducted virtually, either synchronous or asynchronous;

(D) are informed by written feedback provided during post-observation conferences; and

(E) include observation and feedback on targeted skills.

(6) Field supervisors must provide to a candidate who is a late hire as defined in §228.2 of this title informal observations as required in subsection (b)(5) of this section. Two of the required informal observations must be provided within the first eight weeks of the candidate's assignment start date and both informal observations must be in-person.

(7) Field supervisors of candidates in residency assignments shall provide informal observations and ongoing coaching that, at a minimum, include the following:

(A) at least four in person informal observations that are 15 minutes or more in duration per semester, totaling at least eight observations over the course of the year-long teacher residency placement. The first informal must occur within the first four weeks of the residency placement;

(B) are informed by written feedback provided during post-observation conferences; and

(C) provide observation and feedback on targeted skills, with opportunity to follow up on the candidate's development in the targeted skill.

(8) For candidates participating in an internship, the field supervisor shall provide a copy of all written feedback to the candidate's supervising campus administrator and assigned mentor. For candidates participating in a residency, the field supervisor shall provide a copy of all written feedback to the candidate's host teacher and campus supervisor.

(9) In a clinical teaching experience, the field supervisor shall collaborate with the candidate and cooperating teacher throughout the clinical teaching experience and request and document feedback about the candidate from the candidate's cooperating teacher at least three times throughout the clinical teaching experience.

(10) For a residency, the field supervisor shall collaborate with the candidate, campus supervisor, and the host teacher throughout the residency, including regular meetings and/or collaborative supports at least three times each semester with the campus supervisor and twice monthly with the host teacher. Meetings may be held virtually, and collaborative supports may include but are not limited to co-observation of candidates, co-coaching of candidates, and calibration for inter-rater reliability.

(11) For an internship, the field supervisor shall collaborate with the candidate and campus supervisor, or their designee, at least twice per semester. Collaboration may include but is not limited to co-observations (formal and informal), post-observation collaborative coaching, collaborative goal setting, or the provision of actionable feedback related to collaboratively established goals.

(12) For non-teacher candidates in a practicum, the field supervisor shall collaborate with the candidate and site supervisor throughout the practicum experience.

§228.103.Formal Observations for Candidates in Residency Assignments.

(a) An educator preparation program (EPP) must provide the first formal observation within the first four weeks of all residency assignments.

(b) For a residency described in §228.65 of this title (relating to Residency):

(1) an EPP must provide a minimum of two formal observations of 45 minutes each during the first semester of the residency and a minimum of two formal observations of 45 minutes each during the second semester of the residency. All formal observations must include a pre-observation and post-observation conference with the candidate; and

(2) all of the minimum formal observations must be in-person.

§228.105.Formal Observations for All Candidates for Initial Classroom Teacher Certification.

(a) Educator preparation programs shall ensure that the field supervisor conducts formal observations of the candidates completing a clinical experience.

(b) Each formal in-person observation must be at least 45 minutes in duration, must be conducted by the field supervisor, and must be on the candidate's site in a face-to-face setting.

(1) at least 45 minutes in length;

(2) conducted by the field supervisor;

(3) followed by a post-observation conference within 72 hours of the educational activity; and

(4) conducted through use of an unedited electronic transmission, video, or technology-based method.

(d) For each formal observation, whether in-person or virtual, the field supervisor shall:

(1) participate in an individualized pre-observation conference with the candidate;

(2) document educational practices observed;

(3) provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate; and

(4) provide a copy of the written feedback to the candidate's cooperating teacher or mentor.

(e) Neither the pre-observation conference nor the post-observation conference needs to be onsite.

§228.107.Formal Observations for Candidates in Clinical Teaching Assignments.

(a) An educator preparation program (EPP) must provide the first formal observation within the first third of all clinical teaching assignments.

(b) For a clinical teaching assignment, an EPP must provide a minimum of two formal observations during the first half of the assignment and a minimum of two formal observations during the second half of the assignment.

(c) For an all-level clinical teaching assignment in more than one location or in an assignment that involves certification in more than one certification category that cannot be taught concurrently during the same period of the school day, a minimum of two formal observations must be provided during the first half of each assignment and a minimum of one formal observation must be provided during the second half of each assignment.

(d) For a clinical teaching assignment:

(1) at least two of the minimum formal observations must be in-person for each assignment; and

(2) if an EPP chooses to provide formal virtual observations, it must provide at least two formal virtual observations in addition to the two minimum formal in-person observations for each assignment.

§228.109.Formal Observations for Candidates in Internship Assignments.

(a) An educator preparation program (EPP) must provide the first formal observation within the first four weeks of all internship assignments. The first formal observation must be conducted in-person.

(b) For an internship under an intern certificate or an additional internship described in §228.73 of this title (relating to Internship):

(1) an EPP must provide a minimum of three formal observations during the first half of the internship and a minimum of two formal observations during the last half of the internship; and

(2) at least three of the minimum formal observations must be in-person.

(c) For a first-year internship under a probationary certificate or an additional internship described in §228.73 of this title:

(1) an EPP must provide a minimum of three formal observations during the first half of the assignment, and a minimum of two formal observations during the second half of the assignment; and

(2) at least two of the minimum formal observations must be in-person.

(d) If an internship under an intern certificate or an additional internship described in §228.73 of this title involves certification in more than one certification category that cannot be taught concurrently during the same period of the school day:

(1) an EPP must provide a minimum of three observations in each assignment;

(2) for each assignment, the EPP must provide at least two formal observations during the first half of the internship and one formal observation during the second half of the internship;

(3) at least two of the minimum formal observations must be in-person for each assignment; and

(4) if an EPP chooses to provide formal virtual observations, it must provide at least two formal virtual observations in addition to the two minimum formal in-person observations for each assignment.

(e) For a first-year internship under a probationary certificate or an additional internship described in §228.73 of this title that involves certification in more than one certification category that cannot be taught concurrently during the same period of the school day:

(1) an EPP must provide a minimum of three observations in each assignment;

(2) for each assignment, the EPP must provide at least two formal observations during the first half of the internship and one formal observation during the second half of the internship;

(3) at least two of the minimum formal observations must be in-person for each assignment; and

§228.111.Formal Observations for Candidates Employed as Educational Aides.

For candidates employed as certified educational aides completing clinical teaching, an educator preparation program must provide a minimum of two formal observations during the first half of the assignment and a minimum of two formal observations during the second half of the assignment.

§228.113.Support and Formal Observations for Candidates Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12.

(a) For a candidate seeking a Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12 certificate, an educator preparation program (EPP) must provide guidance, assistance, and support by assigning a cooperating teacher and/or providing individual or group consultation. The EPP is responsible for providing training to cooperating teachers and/or consultation providers.

(b) An EPP shall collaborate with the program coordinator for the Texas School for the Blind and Visually Impaired Statewide Mentor Program to assign a TVI mentor for the TVI certification candidate. The Texas School for the Blind and Visually Impaired Statewide Mentor Program is responsible for providing training for all TVI mentors.

(c) Supervision of each TVI candidate shall be conducted with the structured guidance and regular ongoing support of an experienced educator who is qualified and has been trained as a field supervisor in accordance with §228.101 of this title (relating to Field Supervisor Qualifications and Responsibilities).

(1) Formal observations of TVI candidates must be at least 135 minutes in duration in total throughout the clinical experience and must be conducted by the field supervisor.

(2) An EPP must provide a minimum of one formal observation within the first third of the clinical experience, one formal observation within the second third of the clinical experience, and one formal observation within the final third of the clinical experience.

(3) For each observation, the field supervisor shall:

(A) conduct an individualized pre-observation conference with the candidate before each observation;

(B) document educational practices observed during each observation; and

(C) provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate following each observation.

(4) The field supervisor may provide formal observations, pre-observation conferences, and post-observation conferences either in a face-to-face setting or by the use of electronic transmission or other video or technology-based methods.

§228.115.Support and Formal Observations for Candidates Seeking Deafblind Supplemental: Early Childhood-Grade 12 Certification.

(a) For a candidate seeking a Deafblind Supplemental: Early Childhood-Grade 12 certificate, an educator preparation program (EPP) must provide guidance, assistance, and support by assigning a cooperating teacher and/or providing individual or group consultation. The EPP is responsible for providing training to cooperating teachers and/or consultation providers.

(b) An EPP shall collaborate with the Texas School for the Blind and Visually Impaired to assign a mentor for the candidate. The Texas School for the Blind and Visually Impaired is responsible for providing training for all mentors.

(c) Supervision of each candidate shall be conducted with the structured guidance and regular ongoing support of an experienced educator who is qualified and has been trained as a field supervisor in accordance with §228.101 of this title (relating to Field Supervisor Qualifications and Responsibilities).

(1) Formal observations of candidates must be at least 135 minutes in duration in total throughout the clinical experience and must be conducted by the field supervisor.

(3) The field supervisor shall:

(A) conduct an individualized pre-observation conference with the candidate before each observation;

(B) document educational practices observed during each observation; and

(C) provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate following each observation.

§228.117.Support and Formal Observations for Candidates Other Than Classroom Teacher.

(a) Supervision of each candidate seeking certification in a class other than classroom teacher shall be conducted with the structured guidance and regular ongoing support of an experienced educator who is qualified and has been trained as a field supervisor in accordance with §228.101 of this title (relating to Field Supervisor Qualifications and Responsibilities).

(b) For candidates in a practicum:

(1) An educator preparation program (EPP) must provide a minimum of one formal observation within the first third of the practicum, one formal observation within the second third of the practicum, and one formal observation within the final third of the practicum.

(2) The three required formal observations must be at least 135 minutes in duration in total throughout the practicum and must be conducted by the field supervisor.

(3) For each formal observation, the field supervisor shall:

(A) participate in an individualized pre-observation conference with the candidate;

(B) document educational practices observed during the observation;

(C) provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate; and

(D) provide a copy of the written feedback to the candidate's site supervisor.

(4) The field supervisor may conduct the formal observations, pre-observation conferences, and post-observation conferences either in-person or virtually.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304871

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER G. COMPLAINTS AND INVESTIGATIONS

19 TAC §228.121, §228.123

§228.121.Complaints and Investigations Procedures.

(a) Purpose. An applicant for candidacy in an educator preparation program (EPP), an employee or former employee of an EPP, a cooperating teacher, a host teacher, a mentor, a site supervisor, or an administrator in a public or private school that serves as a site for clinical teaching, residency, internship, or practicum experiences may submit a complaint about an EPP for investigation and resolution.

(b) Complaint form. Texas Education Agency (TEA) staff shall develop a complaint form to standardize information received from an individual making a complaint against an EPP. The complaint form shall be available on the TEA website. All complaints filed against an EPP must be in writing on the complaint form. The written complaint must clearly state the facts that are the subject of the complaint and must state the measures the complainant has taken to attempt resolution of the complaint with the EPP. Anonymous complaints may not be investigated.

(1) TEA staff shall record all complaints in the TEA complaints tracking system. Each complaint, no matter the severity, shall be assigned a tracking number.

(2) The complaint shall be forwarded to the division responsible for educator preparation for further action, including assessing the complaint, providing a severity status and prioritizing the complaint accordingly, and determining jurisdiction.

(3) If TEA staff determines that the complaint is not within the State Board for Educator Certification's (SBEC's) jurisdiction, TEA staff shall notify the complainant that the complaint will be closed without action for lack of jurisdiction. TEA staff and the SBEC do not have jurisdiction over complaints related to contractual arrangements with an EPP, commercial issues, obtaining a higher grade or credit for training, or seeking reinstatement to an EPP.

(4) If TEA staff determines the complainant knew or should have known about the events giving rise to a complaint more than two years before the earliest date the complainant filed a complaint with either TEA staff or the EPP, TEA staff may close the complainant without action.

(5) If a complainant has not exhausted all applicable complaint and appeal procedures that the EPP has established to address complaints, TEA staff may delay initiating an investigation until the EPP's complaint and appeal process is complete.

(d) Investigating the complaint.

(1) If TEA staff determines a complaint is within the SBEC's jurisdiction, TEA staff shall notify the respondent EPP that a complaint has been made, provide a summary of the allegations in the complaint, and request that the EPP respond to the complaint.

(2) TEA staff may request additional information from the individual and from the EPP.

(3) An EPP shall:

(A) cooperate fully with any SBEC investigation; and

(B) respond within 10 business days of receipt to requests for information regarding the complaint(s) and other requests for information from the TEA, except where:

(i) TEA staff imposes a different response date; or

(ii) the EPP is unable to meet the initial response date and requests and receives a different response date from TEA staff.

(C) If an EPP fails to comply with this paragraph, the SBEC may amend the complaint to reflect the violation and may deem admitted the violation of SBEC rules and/or Texas Education Code (TEC), Chapter 21, alleged in the original complaint.

(4) Resolving the complaint.

(A) Upon completion of an investigation, TEA staff shall notify both the individual and the EPP in writing of the findings of the investigation. If TEA staff finds that a violation occurred, the notice shall specify the statute and/or rule that was alleged to have been violated.

(B) Each party shall have 10 business days to present additional evidence or to dispute the findings of the investigation.

(C) After reviewing any additional evidence, if TEA staff finds that no violation has occurred, TEA staff shall close the investigation and notify both parties in writing.

(D) After reviewing any additional evidence, if TEA staff finds that the EPP has violated SBEC rules and/or TEC, Chapter 21, the following provisions apply.

(i) TEA staff shall notify the EPP in writing and specify for each violation the seriousness and extent of the violation, including whether the EPP has been found to have violated that statute and/or rule previously.

(ii) Within 10 business days of TEA staff notifying the EPP in writing that a violation has occurred, the EPP and TEA staff shall agree to a timely resolution of each violation. If the parties cannot agree on a resolution within 10 business days, TEA staff shall unilaterally propose a resolution and timeline.

(iii) If the EPP complies with the agreed or proposed resolution, the investigation is closed and the results recorded in accordance with subparagraph (E) of this paragraph. TEA staff shall provide the EPP written notice that the investigation is closed.

(iv) If the EPP does not comply with the agreed or proposed resolution within the timelines set out in the resolution, TEA staff shall make a recommendation that the SBEC impose sanctions affecting the EPP's accreditation status in accordance with §229.5 of this title (relating to Accreditation Sanctions and Procedures) and/or continuing approval status in accordance with §229.6 of this title (relating to Continuing Approval). The SBEC's decision shall be recorded in accordance with subparagraph (E) of this paragraph.

(v) The EPP shall be entitled to an informal review of the proposed recommendation for sanctions under the conditions and procedures set out in §229.7 of this title (relating to Informal Review of Texas Education Agency Recommendations).

(E) The final disposition of the complaint shall be recorded in the TEA complaints tracking system.

§228.123.Educator Preparation Program Responsibilities for Candidate Complaints.

(a) The educator preparation program (EPP) shall adopt and send to Texas Education Agency (TEA) staff, for inclusion in the EPP's records, a complaint procedure that requires the EPP to timely attempt to resolve complaints at the EPP level before a complaint is filed with TEA staff.

(b) The EPP shall post on its website a link to the TEA complaints website and information regarding how to file a complaint under the EPP's complaint policy.

(c) The EPP shall post a notification at all of its physical site(s) used by employees and candidates, in a conspicuous location, information regarding filing a complaint with TEA staff in accordance with §228.121(b) of this title (relating to Complaints and Investigations Procedures).

(d) Upon request of an individual, the EPP shall provide information in writing regarding filing a complaint under the EPP's complaint policy and the procedures to submit a complaint to TEA staff in accordance with §228.121(b) of this title.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304872

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

CHAPTER 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

The State Board for Educator Certification (SBEC) proposes amendments to 19 Texas Administrative Code (TAC) §§230.1, 230.21, 230.31, 230.101, and 230.105, and new §230.39, concerning professional educator preparation and certification. The proposed revisions would redefine pilot exam; specify the timeline by which a passing score on a certification exam can be used for certification purposes; decrease the number of days to request a test limit waiver after an unsuccessful examination attempt; update the figure specifying the required pedagogy and content pedagogy certification exams for issuance of the probationary or standard certificate; remove certificate categories and examinations that are no longer operational; establish an Enhanced Standard certificate and fees for the proposed teacher residency preparation route specified in proposed new 19 TAC Chapter 228, Requirements for Educator Preparation Programs; and update the list of ineligible certification by examination certificates to include the proposed new Deafblind: Early Childhood-Grade 12 certificate. The proposed revisions would also include technical edits to comply with Texas Register formatting and style requirements.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 230, Subchapter A, General Provisions, specify the general guidelines regarding professional educator preparation and certification. The SBEC rules in 19 TAC Chapter 230, Subchapter C, Assessment of Educators, specify the testing requirements for initial certification and for additional certificates based on examination. The SBEC rules in 19 TAC Chapter 230, Subchapter D, Types and Classes of Certificates Issued, define the types, classes, and issuance requirements for certificates. The SBEC rules in 19 TAC Chapter 230, Subchapter G, Certificate Issuance Procedures, specify appropriate procedures for the issuance of educator certificates. These requirements ensure educators are qualified and professionally prepared to instruct the schoolchildren of Texas.

The following is a description of the proposed revisions to 19 TAC Chapter 230, Subchapters A, C, D, and G. The proposed revisions are reflective of the broader certification redesign efforts the SBEC has led since 2017 to develop rigorous and relevant certification exams in alignment with their statutory charge in TEC, §21.031, Purpose, 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"; are responsive to associated rulemaking in the proposed repeal of and new 19 TAC Chapter 228, Requirements for Educator Preparation Programs, to implement a teacher residency preparation route and associated certificate; and implement House Bill (HB) 2256, 87th Texas Legislature, Regular Session, 2021.

Subchapter A. General Provisions

Proposed Amendment to 19 TAC §230.1

The proposed amendment would add §230.1(13) to define enhanced standard certificate to implement the certificate for the residency preparation route included in the 19 TAC Chapter 228 proposal. The proposed amendment to §230.1(18) would amend the definition for pilot exam. This proposed amendment would allow the SBEC to annually review, pilot, and collect data for certification exams to examine the impact of the exam's implementation on Texas candidates. The proposed amendment to §230.1(12) would align the definition for educator preparation program (EPP) with 19 TAC Chapter 228 and Chapter 229, Accountability System for Educator Preparation Programs. Additional technical edits would renumber the definitions to accommodate the addition of §230.1(13) and apply style requirements to cross references to statute, where applicable.

Subchapter C. Assessment of Educators

Proposed Amendment to 19 TAC §230.21(a)(3)(A)

The proposed amendment to §230.21(a)(3)(A) would provide technical edits to align with the titles of §232.17 and §232.19.

Proposed Amendment to 19 TAC §230.21(a)(5)(D)

The proposed amendment to 19 TAC §230.21(a)(5)(D)(i) would decrease the number of days a candidate can request a waiver after their fourth retake from 45 to 30 calendar days. The proposed amendment would strike 19 TAC §230.21(a)(5)(D)(ii) to remove the required delay before a candidate can reapply for a test limit waiver if the candidate's initial application was denied. This change would allow candidates to become certified sooner if they are able to pass the examination on their next attempt.

Proposed Amendment to 19 TAC §230.21(e)

The proposed amendment to §230.21(e) would update the testing requirements for educator certification indicated in Figure: 19 TAC §230.21(e).

The proposed amendment to §230.21(e) would specify that for issuance of a probationary or standard certificate in more than one certification category, a candidate must pass the appropriate pedagogy examination under Figure: 19 TAC §230.21(e) for any one of the certificates sought. This change would allow for educators to be issued probationary or standard certificates in more than one certification category by passing only one pedagogy certification exam. The current rule requires that for issuance of each individual certificate, educators must take and pass the aligned pedagogy exam, which means that educators pursuing certification in two certification categories through completion of the edTPA are required to take two edTPA certification exams. This proposed change would align with feedback from EPPs participating in the edTPA pilot that expressed concern about the expense and duplicative effort caused by the current rule.

Update to Figure Titles and Content Pedagogy Exam Requirements

The proposed amendment to Figure: 19 TAC §230.21(e) would update the column title from "Pedagogical Requirement(s)" to "Required Pedagogy Test(s)" to align the language of the title to the other test column in the figure, "Required Content Pedagogy Test(s)."

Published in the Proposed Rules section of this issue, the SBEC proposed amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, that would create six new classroom teacher certificate categories: Core/Special Education with the Science of Teaching Reading/Special Education: Early Childhood-Grade 6; Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood-Grade 6; Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood-Grade 6; Core/English as a Second Language with the Science of Teaching Reading: Early Childhood-Grade 6; Core with the Science of Teaching Reading: Early Childhood-Grade 6; and Bilingual Special Education Supplemental: Early Childhood-Grade 12.

The proposed amendment to Figure: 19 TAC §230.21(e) would add certification exams, which are in development for the proposed certification fields. The proposed amendment would create examinations for the Core with the Science of Teaching Reading: Early Childhood-Grade 6; Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood-Grade 6; and Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6 certificates and set out a timeline for test development that would match the timeline for certificate issuance in the proposed amendments to 19 TAC Chapter 233 to begin no earlier than September 1, 2027.

The proposed amendment would create examinations for the Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood-Grade 6 and the Core/English as a Second Language with the Science of Teaching Reading: Early Childhood-Grade 6 certificates and set out a timeline for test development that would match the timeline for the certificate issuance in the proposed amendments to 19 TAC Chapter 233 to begin no earlier than September 1, 2028.

The proposed set of Core: Early Childhood-Grade 6 certification exams aim to streamline exam content in the elementary grade band, removing the Fine Arts/Health/Physical Education subtest from the base Core Subjects assessment and proposing a set of redesigned assessments that integrate additional content areas, including English as a second language (ESL), special education, and bilingual education, with the goal of reducing the overall number of exams educators are required to take for certification. These redesigned exams are also informed by the redesign of 19 TAC Chapter 235, Classroom Teacher Certification Standards, pedagogy and English language arts and reading (ELAR) and math content pedagogy standards currently under development at the direction of the SBEC.

Finally, the proposed amendment would establish the required examinations for the Bilingual Special Education Supplemental: Spanish certificate, as required in HB 2256, 87th Texas Legislature, Regular Session, 2021. Based on stakeholder input, the proposed certificate would focus specifically on Spanish language bilingual education and would require candidates to demonstrate proficiency in the proposed 187 Bilingual Special Education Texas Examinations of Educator Standards (TExES), which will be operational beginning September 2027, and the proposed 165 Bilingual Educator Spanish Supplemental TExES, which will be operational beginning September 2026.

Similarly, the proposed amendment to the figure would specify the exam requirements for the certificates recently adopted by the SBEC, including the Special Education Specialist: Early Childhood-Grade 12 and Deafblind: Early Childhood-Grade 12, which will be operational for candidates on September 1, 2025, to align with the initial issuance dates for the new certificates. When operational, the tests and certificates will replace the Special Education: Early Childhood-Grade 12 and Special Education Supplemental certificates. Therefore, the proposed amendment would set August 31, 2025, as the last operational date for the Special Education: Early Childhood-Grade 12 exam.

The SBEC adopted updates to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, to include the creation of a certification category, Tamil: Early Childhood-Grade 12, and the proposed amendment to Figure: 19 TAC §230.21(e) would add a certification exam for Tamil: Early Childhood-Grade 12. The exam will become operational for candidates on September 1, 2025, to align with the date for issuance of the certificate in 19 TAC Chapter 233.

The proposed amendment to Figure: 19 TAC §230.21(e) would also add the last operational date of August 31, 2024, for the following exams: English Language Arts and Reading 7-12 and Physical Education EC-12. These examinations are being replaced with updated exams, and the proposed amendment would add a first operational date of September 1, 2024, for English Language Arts and Reading 7-12 and Physical Education EC-12.

The proposed amendment to Figure: 19 TAC §230.21(e) would add an implementation timeline of no earlier than September 1, 2027, for the following exams: Reading Specialist EC-12 and School Librarian EC-12. These exams are necessary due to proposed updates to the educator standards for the certificates in 19 TAC Chapter 239, Student Services Certificates, which are published in the Proposed Rules section of this issue. The proposed timeline would align with the test development timeline.

The proposed amendment to Figure: 19 TAC §230.21(e) would also transition to a new content pedagogy exam for Health: Early Childhood-Grade 12 on September 1, 2024. This amendment would update the exam based on current Texas Essential Knowledge and Skills and add the last operational date of August 31, 2024, for the current Health: Early Childhood-Grade 12 exam.

Updates to Pedagogy Exam Requirements

At the December 2022 SBEC meeting, the Board directed Texas Education Agency (TEA) staff to pursue rulemaking to implement teacher performance assessments (TPAs) as certification exams rather than as program requirements and to begin procurement processes related to the development of a Texas-specific TPA (TxTPA). In addition, the Board sought information on potential types of teacher candidates and preparation pathways that may be excluded from the TPA pedagogy exam requirement. During the April 2023 SBEC meeting, the Board confirmed the following options and timelines for implementing the pedagogy examinations for educator certification:

See table titled, Timelines for Pedagogy Examinations for Educator Certification.

Figure: 19 TAC Chapter 230 - Preamble (.pdf)

The proposed amendment to Figure: 19 TAC §230.21(e) would add a last operational date of August 31, 2026, for the 160 Pedagogy and Professional Responsibilities (PPR) EC-12 TExES exam. The addition of the last operational date for the PPR exam would provide a multi-year runway for EPPs to proactively make decisions regarding the appropriate TPA pedagogy exam for their program and prepare for the transition to that exam. The 160 PPR EC-12 exam would retire as of September 1, 2026. The proposed changes are responsive to stakeholder feedback that raised potential implementation challenges for EPPs if programs were required to implement edTPA as the pedagogy exam requirement first before other options were made available.

The proposed amendment to Figure: 19 TAC §230.21(e) would strike "pilot exam" for all edTPA exams to indicate that the exams would no longer be considered pilot exams under proposed §230.1(18) and would be fully operational.

These proposed changes implement a choice of one or two teacher performance assessments--edTPA or the TxTPA--as a required pedagogy exam beginning in the 2026-2027 academic year. The proposed amendment to 19 TAC §230.21(e) would specify that by September 1, 2026, the SBEC must update the pedagogy exam requirements as specified in the figure to include content and grade banded TxTPAs. This is mirrored in proposed updates to the testing figure, which would add a general TxTPA to the list of pedagogy exam options. The SBEC would engage in rulemaking to add additional specificity to the TxTPA options as they become available through the development process but no later than the date specified.

EPP and Candidate Choice in edTPA Exams

The proposed amendment to Figure: 19 TAC §230.21(e) would add the 2151 edTPA: Career and Technical Education exam as a pedagogy exam option for the following certificates beginning on September 1, 2024: Technology Education: Grades 6-12; Family and Consumer Sciences, Composite: Grades 6-12; Human Development and Family Studies: Grades 8-12; Hospitality, Nutrition, and Food Sciences: Grades 8-12; Agriculture, Food, and Natural Resources: Grades 6-12; Business and Finance: Grades 6-12; and Marketing: Grades 6-12. This proposed amendment would provide flexibility for EPPs and candidates to select the edTPA exam that best aligns with their given instructional context if the EPP chose to require candidates to take the edTPA rather than the PPR for Trade and Industrial Education exam.

For the Core Subjects with the Science of Teaching Reading (STR): Early Childhood-Grade 6 certificate, the proposed amendment to Figure: 19 TAC §230.21(e) would add the following eight edTPA exams as pedagogy exam options in addition to the existing 2110 edTPA: Elementary Education: Literacy with Mathematics Task 4 exam, beginning on September 1, 2024: 2001 edTPA: Elementary Literacy; 2002 edTPA: Elementary Mathematics; 2149 edTPA Elementary Education: Mathematics with Literacy Task 4; 2014 edTPA: Early Childhood Education; 2016 edTPA: Middle Childhood Mathematics; 2017 edTPA: Middle Childhood Science; 2018 edTPA: Middle Childhood English Language Arts; and 2019 edTPA: Middle Childhood History/Social Studies. The addition to the edTPA exams for certification in Core Subjects with STR: Early Childhood-Grade 6 would provide flexibility for EPPs and candidates to select the edTPA exam that best aligns with their given instructional context from the permitted exams. For example, a candidate teaching in a fourth-grade science classroom would have the option to take the edTPA: Middle Childhood Science exam. This change is informed by feedback from EPPs participating in the edTPA pilot, that the requirements of the edTPA Elementary Education: Literacy with Mathematics Task 4 were difficult to meet given the candidate's classroom setting. This change would allow flexible options for strong alignment between the classroom setting and edTPA exam for certification. Additionally, the proposed edTPA exam options would allow candidates to choose a 15-rubric exam, such as for edTPA Elementary Literacy, which is less than the 18-rubric edTPA Elementary Education: Literacy with Mathematics Task 4 exam. This proposed change would reduce the overall number of tasks that elementary candidates would be required to complete in the submission of their edTPA portfolio.

Alternatives to edTPA for CTE and Junior Reserve Officers' Training Corps (JROTC) Candidates

The proposed amendment to Figure: 19 TAC §230.21(e) would add the option for candidates seeking CTE certificates to take the 370 Pedagogy and Professional Responsibilities for Trade and Industrial Education 6-12 TExES exam rather than an edTPA exam. In response to Board direction and stakeholder feedback, this amendment would remove the performance-based examination requirement from the CTE certificates, where candidates often meet certification requirements through previous work experience. The proposed implementation date would be September 1, 2024.

The proposed amendment to Figure: 19 TAC §230.21(e) would update the content pedagogy exam requirement for the Junior Reserve Officer Training Corps (JROTC): Grades 6-12 certificate to be the 370 Pedagogy and Professional Responsibilities (PPR) for Trade and Industrial Education 6-12 TExES exam. The addition of the 370 PPR for Trade and Industrial Education 6-12 exam as a pedagogy exam requirement for the JROTC: 6-12 certificate would allow for the continued administration of an aligned pedagogy exam after the last operational date of the 160 PPR exam. There is no specific edTPA exam for JROTC certification, but the requirements for the certification field align with the requirements for trade and industrial education fields as these candidates can attain certification based on a certificate issued by one of the military branches. The 370 PPR for Trade and Industrial Education 6-12 exam is the most appropriately aligned pedagogy exam for JROTC.

Remove Retired Exams and Certificates

The proposed amendment to Figure: 19 TAC §230.21(e) would also remove the following retired certificates and their associated exam requirements: Core Subjects: Early Childhood-Grade 6; Core Subjects: Grades 4-8; English Language Arts and Reading: Grades 4-8; and English Language Arts and Reading/Social Studies: Grades 4-8. Each of the certificates was discontinued and replaced by the new certificate name including "with the Science of Teaching Reading" and the required examinations in October 2020.

The proposed amendment to Figure: 19 TAC §230.21(e) would strike the following retired certification exams: 270 Pedagogy and Professional Responsibilities for Trade and Industrial 6-12; 153 Educational Diagnostician EC-12; 152 School Counselor EC-12; 117 English Language Arts and Reading: Grades 4-8; and 291 Core Subjects: EC-6.

Technical Edits

The proposed amendment to Figure: 19 TAC §230.21(e) would remove the section headers labeled "Certification Type (continued)" to support streamlining and readability of the figure.

Proposed Amendment to 19 TAC §230.21(f)

The proposed amendment to §230.21(f) would clarify a passing score on a certification exam can be used for certification for up to one year after the last operational date of the exam. This amendment would provide clarity to the field on the last date that an educator may be recommended for certification with a passing score on an exam that is no longer operational.

Subchapter D. Types and Classes of Certificates Issued

Proposed Amendment to 19 TAC §230.31

The proposed amendment to §230.31 would add §230.31(a)(9), which includes the proposed enhanced standard certificate to the types of certificates issued by the SBEC. Additionally, proposed new §230.31(e) would create an implementation date of September 1, 2024, for the issuance of the proposed enhanced standard certificate; would establish that the certificate type is only issued for the teacher class of certificates, is valid for five years, and is subject to renewal; and would require individuals to meet requirements as specified in proposed new §230.39, Enhanced Standard Certificates.

Proposed New 19 TAC §230.39

Proposed new §230.39 would describe the requirements for issuance of an enhanced standard certificate upon successful completion of a teacher residency, as prescribed in the 19 TAC Chapter 228 proposal and would include the requirements for renewal of the certificate.

Subchapter G. Certificate Issuance Procedures

Proposed Amendment to 19 TAC §230.101(a)

The proposed amendment to §230.101(a) would add the fee for the enhanced standard certificate in §230.101(a)(3) and the fee for on-time renewal in renumbered §230.101(a)(16).

Technical edits would also be made in cross references to statute, where applicable, to implement style requirements.

Proposed Amendment to 19 TAC §230.105

The proposed amendment to §230.105 would add the Deafblind Supplemental: Early Childhood-Grade 12 certificate to the list of certificates that are not eligible for certification by examination in §230.105(4) and would renumber subsequent provisions to §230.105(5) and (6). This amendment would emphasize the specialized skills, knowledge, and training required to receive the Deafblind Supplemental: Early Childhood-Grade 12 certificate and align with statutory requirements in TEC, §21.0485. The proposed amendment to §230.105 would add the enhanced standard certificate to the types of certificates a teacher may hold to be eligible to add an additional certificate via the certification by examination route.

FISCAL IMPACT: Emily Garcia, associate commissioner for educator preparation, certification, and enforcement has determined that for the first five years the proposal is in effect, there is additional fiscal impact on state government and entities required to comply with the proposal. There is no additional fiscal impact on local government required to comply with the proposal.

The proposal would require a decrease in fees paid to TEA, as the proposal would consolidate multiple current certification exams into one exam. The SBEC collects $11 per exam administered. With the proposed exam consolidation for the Bilingual Spanish exams, there would be fewer exams administered and, therefore, fewer fees paid to the agency. Given current administration numbers for the two exams required for Bilingual Spanish certification, TEA staff would estimate a revenue decrease of $16,500 per FY beginning in FY 2027 per year. The proposal could also lead to a decrease in fees paid to the agency with the proposed redesign of the Core Subjects: EC-6 exams to incorporate special education, bilingual Spanish, and English as a second language, which would require one exam rather than two for certification in those areas. TEA staff is unable to calculate the loss in fees though, as these new offerings would be optional alongside the standalone versions of the exams and, therefore, cannot predict the number that would be administered annually.

EPPs, including institutions of higher education, may incur costs implementing the proposed exam requirements, though those costs are locally determined, as there are no required costs associated with EPP implementation of the exam requirements.

There are no additional costs or savings to entities and state government required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: 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: 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. The TEA staff has determined that there are no required costs associated with EPP implementation of the exam requirements.

COST INCREASE TO REGULATED PERSONS: The proposal does impose a cost on regulated persons and is subject to TGC, §2001.0045. However, the proposal is exempt from TGC, §2001.0045, as provided under that statute, because the proposal is necessary to protect the safety and welfare of the residents of this state. In addition, the proposal is necessary to ensure that certified Texas educators are competent to educate students.

TAKINGS IMPACT ASSESSMENT: 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 The TEA 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 require a decrease in fees paid to the agency, as the proposed rules would consolidate multiple current certification exams into one exam. The SBEC collects $11 per exam administered. With the proposed exam consolidation, overall, there would be fewer exams administered and, therefore, fewer fees paid to the agency. The proposed rule would create a new regulation with the proposal of a new enhanced standard certification.

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 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: Emily Garcia, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years that the rule will be in effect the public benefit anticipated as a result of the proposal would be the increased teacher knowledge and skill in critical pedagogical and content pedagogical competencies, leading to the anticipated growth in teacher readiness to meet the needs of Texas's diverse student population. The TEA staff has determined there is an anticipated cost to persons required to comply with the proposal. The proposal would require a TPA for certification beginning in FY 2027. The proposal would include two options to meet these requirements, the edTPA and a Texas-specific TPA. The edTPA exam will increase the cost for the pedagogy certification exam by $195 per examination. The cost of the Texas-specific TPA has not yet been established. The edTPA and Texas-specific TPAs will be optional prior to FY 2027, so individuals will not be required to comply with or incur increased costs during the initial years the rules are in effect. Based on the 2020-2021 first attempt testing data, TEA estimates administering 24,466 TPAs annually in FY 2027 onward, leading to an estimated total additional cost to candidates of $4,770,870 annually, based on modeling that presumes that the cost of a Texas-specific TPA would be equitable to the current cost of an edTPA exam.

The proposal would also require the implementation of new certification exams at increased cost per exam due to the design of the exam, increasing the cost from $116 to $136 per exam. Based on first-time taker administration numbers, TEA staff estimate an overall increase in costs to candidates aligned with the required implementation year of the exam.

Given administration volume for English Language Arts and Reading 7-12, Health EC-12, and Physical Education: EC-12 exams, TEA staff estimates a cost increase of $91,120 per FY beginning in FY 2025.

Given administration volume for Special Education exams, TEA staff estimates a cost increase of $126,440 per FY beginning in FY 2026.

Given administration volume for Core Subjects EC-6, Reading Specialist, and School Librarian exams, TEA staff estimates a cost increase of $252,180 per FY beginning in FY 2028.

The Bilingual Spanish certification exams would be consolidated from two exams at $116 to one exam at $136. This represents a cost savings of $96 per exam. Given administration volume for Bilingual Spanish certification exams, TEA staff estimates a cost savings of $144,096 per FY beginning in FY 2027.

The proposed redesign of the Core Subjects: EC-6 exams to incorporate special education, bilingual Spanish, and English as a second language would be a cost savings to individuals, as it requires them to take one exam rather than two for certification in those areas. TEA staff is unable to calculate the cost savings, as these new offerings would be optional alongside the standalone versions of the exams and cannot predict the number that would be administered annually.

Overall, the estimated increase in cost by FY would include $91,120 in FY 2025; $217,560 in FY 2026; $4,844,334 in FY 2027; and $5,096,514 in FY 2028.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT STATEMENT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §230.1

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §21.041(b)(1), (2), and (4), which require the State Board for Educator Certification (SBEC) to propose rules that provide for the regulation of educators and the general administration of TEC, Chapter 21, Subchapter B, in a manner consistent with TEC, Chapter 21, Subchapter B; specify the classes of educator certificates to be issued, including emergency certificates; and specify the requirements for the issuance and renewal of an educator certificate; TEC, §21.044(a)-(f), which requires SBEC to make rules specifying what each educator is expected to know and be able to do, establishing training requirements that a candidate must accomplish to attain a certificate, and setting out the minimum academic qualifications required for certification. It also specifies certain required training and minimum academic qualifications for certification; TEC, §21.048, which states the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board that includes not requiring more than 45 days elapsing between examination retakes and that starting January 1, 2021, all candidates teaching prekindergarten through grade six must demonstrate proficiency in the science of teaching reading on a certification examination; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.050(a), which states a person who applies for a teaching certificate must possess a bachelor's degree; TEC, §21.050(b), which states the SBEC shall provide for a minimum number of semester credit hours of field-based experience or internship; TEC, §21.050(c), which states a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under TEC, §54.363, which may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; and TEC, §22.082, which requires SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under Chapter 21, Subchapter B; and Texas Occupations Code, §54.003, which states a licensing authority shall provide accommodations and eligibility criteria for examinees diagnosed as having dyslexia.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.041(b)(1), (2), and (4); 21.044(a)-(f); 21.048; 21.0485; 21.050; 22.082; and Texas Occupations Code, §54.003.

§230.1.Definitions.

The following words and terms, when used in this chapter, Chapter 232 of this title (relating to General Certification Provisions), and Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates), shall have the following meanings, unless the context clearly indicates otherwise.

(1) Accredited institution of higher education--An institution of higher education that, at the time it conferred the degree, was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.

(2) Appropriate--Suitable for a particular purpose. The term denotes compliance with State Board for Educator Certification (SBEC) rules and with SBEC procedures and policies posted on the Texas Education Agency website that are related to the stated particular purpose.

(3) Candidate--An individual who has been formally or contingently admitted into an educator preparation program; also referred to as an enrollee or participant.

(4) Certificate--Any educator credential issued by the State Board for Educator Certification under the authority of [~~the~~] Texas Education Code, Chapter 21, Subchapter B.

(5) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certificates), that has defined characteristics and includes the following: superintendent, principal, classroom teacher, school counselor, school librarian, educational diagnostician, reading specialist, and master teacher.

(6) Charter school--A Texas public school operated by a charter holder under an open-enrollment charter school granted either by the State Board of Education (SBOE) or commissioner of education, whichever is applicable, pursuant to Texas Education Code, §12.101, identified with its own county district number.

(7) Classroom teacher--An educator who is employed by a school or district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical education instructional setting. This term does not include an educational aide or a full-time administrator.

(8) Content certification examination--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's admission to an educator preparation program.

(9) Content pedagogy examinations--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's certification as an educator.

(10) Continuing professional education--Professional development required for the renewal of standard and/or lifetime certificates that is designed to ensure improvement in both the performance of the educator and achievement of his or her students.

(11) Educator--An individual who is required to hold a certificate issued under [~~the~~] Texas Education Code, Chapter 21, Subchapter B.

(12) Educator preparation program--An entity approved by the State Board for Educator Certification to prepare and recommend candidates for certification in one or more educator certification classes [~~offer training and coursework that must adequately prepare candidates for educator certification and meet the standards and requirements of the board~~].

(13) Enhanced standard certificate--A type of certificate issued to an individual who has met all requirements as specified in §230.39(b) of this title (relating to Enhanced Standard Certificates) under the teacher class of certificates.

(14) [~~(13)~~] Examination--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's admission to an educator preparation program, certification as an educator, continuation as an educator, or advancement as an educator.

(15) [~~(14)~~] Hearing impairment--As defined in [~~the~~] Texas Education Code, §21.048(d)(1), a hearing impairment so severe that the person cannot process linguistic information with or without amplification.

(16) [~~(15)~~] Initial certification--The first Texas educator certificate for a particular class issued to an individual as specified in §230.33 of this title (relating to Classes of Certificates).

(17) [~~(16)~~] Intern certificate--A type of certificate issued to a candidate who has passed all required content examinations and is completing requirements for certification through an approved educator preparation program.

(18) [~~(17)~~] Pilot exam--A certification exam that is subject to annual review by the State Board for Educator Certification [~~prior to September 1, 2022~~].

(19) [~~(18)~~] Private school--A non-public school whose educational program has been evaluated by a regional accrediting agency and whose program has met and is maintaining certain educational standards.

(20) [~~(19)~~] Probationary certificate--A type of certificate issued to a candidate who has passed all required examinations and is completing requirements for certification through an approved educator preparation program.

(21) [~~(20)~~] Professional class--A term that refers to certificates for duties other than classroom teacher (e.g., superintendent, principal, school counselor, school librarian, educational diagnostician, reading specialist, and master teachers).

(22) [~~(21)~~] Standard certificate--A type of certificate issued to an individual who has met all requirements for a given class of certification, as specified in §230.33 of this title (relating to Classes of Certificates).

(23) [~~(22)~~] Teacher--An individual who is required to hold a certificate issued under [~~the~~] Texas Education Code, Chapter 21, Subchapter B.

(24) [~~(23)~~] Teacher of record--An educator who is employed by a school or district and who teaches in an academic instructional setting or a career and technical instructional setting not less than an average of four hours each day and is responsible for evaluating student achievement and assigning grades.

(25) [~~(24)~~] Teacher service record--The official document used to record years of service and days used and accumulated under the state's former minimum sick leave program or the state's current personal leave program.

(26) [~~(25)~~] Texas Essential Knowledge and Skills (TEKS)--The Kindergarten-Grade 12 state curriculum in Texas adopted by the State Board of Education and used as the foundation of all state certification examinations.

(27) [~~(26)~~] Texas school district--A school district accredited and approved by the Texas Education Agency under [~~the~~] Texas Education Code, Chapter 11.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304858

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER C. ASSESSMENT OF EDUCATORS

19 TAC §230.21

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §21.041(b)(1), (2), and (4), which require the State Board for Educator Certification (SBEC) to propose rules that provide for the regulation of educators and the general administration of TEC, Chapter 21, Subchapter B, in a manner consistent with TEC, Chapter 21, Subchapter B; specify the classes of educator certificates to be issued, including emergency certificates; and specify the requirements for the issuance and renewal of an educator certificate; TEC, §§21.044(a)-(f), which requires SBEC to make rules specifying what each educator is expected to know and be able to do, establishing training requirements that a candidate must accomplish to attain a certificate, and setting out the minimum academic qualifications required for certification. It also specifies certain required training and minimum academic qualifications for certification; TEC, §21.048, which states the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board that includes not requiring more than 45 days elapsing between examination retakes and that starting January 1, 2021, all candidates teaching prekindergarten through grade six must demonstrate proficiency in the science of teaching reading on a certification examination; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.050(a), which states a person who applies for a teaching certificate must possess a bachelor's degree; TEC, §21.050(b), which states the SBEC shall provide for a minimum number of semester credit hours of field-based experience or internship; TEC, §21.050(c), which states a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; TEC, §22.082, which requires SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under Chapter 21, Subchapter B; and Texas Occupations Code, §54.003, which states a licensing authority shall provide accommodations and eligibility criteria for examinees diagnosed as having dyslexia.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.041(b)(1), (2), and (4); 21.044(a)-(f); 21.048; 21.0485; 21.050; 22.082; and Texas Occupations Code (TOC) §54.003.

§230.21.Educator Assessment.

(a) A candidate seeking certification as an educator must pass the examination(s) required by [~~the~~] Texas Education Code (TEC), §21.048, and the State Board for Educator Certification (SBEC) in §233.1(e) of this title (relating to General Authority) and shall not retake an examination more than four times, unless the limitation is waived for good cause. The burden of proof shall be upon the candidate to demonstrate good cause.

(1) For the purposes of the retake limitation described by [~~the~~] TEC, §21.048, an examination retake is defined as a second or subsequent attempt to pass any examination required for the issuance of a certificate, including an individual core subject examination that is part of the overall examination required for the issuance of a Core Subjects certificate as described in §233.2 of this title (relating to Early Childhood; Core Subjects).

(A) A canceled examination score is not considered an examination retake.

(B) An examination taken by an educator during a pilot period is not considered part of an educator's five-time test attempt limit.

(C) Pursuant to TEC, §21.0491(d), the limit on number of test attempts does not apply to the trade and industrial workforce training certificate examination prescribed by the SBEC.

(D) A candidate who fails a computer- or paper-based examination cannot retake the examination before 30 days have elapsed following the candidate's last attempt to pass the examination.

(2) Good cause is:

(A) the candidate's highest score on an examination is within one conditional standard error of measurement (CSEM) of passing, and the candidate has completed 50 clock-hours of educational activities. CSEMs will be published annually on the Texas Education Agency (TEA) website;

(B) the candidate's highest score on an examination is within two CSEMs of passing, and the candidate has completed 100 clock-hours of educational activities;

(C) the candidate's highest score on an examination is within three CSEMs of passing, and the candidate has completed 150 clock-hours of educational activities;

(D) the candidate's highest score on an examination is not within three CSEMs of passing, and the candidate has completed 200 clock-hours of educational activities;

(E) if the candidate needs a waiver for more than one of the individual core subject examinations that are part of the overall examination required for the issuance of a Core Subjects certificate, the candidate has completed the number of clock-hours of educational activities required for each individual core subject examination as described in subparagraphs (A)-(D) of this paragraph up to a maximum of 300 clock-hours. The number of clock-hours for each examination may be divided equally based on the number of examinations in the waiver request, but the number of clock-hours for an examination shall not be less than 50; or

(F) if a CSEM is not appropriate for an examination, the TEA staff will identify individuals who are familiar and knowledgeable with the examination content to review the candidate's performance on the five most recent examinations, identify the deficit competency or competencies, and determine the number of clock-hours of educational activities required.

(3) Educational activities are defined as:

(A) institutes, workshops, seminars, conferences, interactive distance learning, video conferencing, online activities, undergraduate courses, graduate courses, training programs, in-service, or staff development given by an approved continuing professional education provider or sponsor, pursuant to §232.17 of this title (relating to Pre-Approved Continuing Professional Education Provider or Sponsor) and §232.19 of this title (relating to Approval of Private Companies, Private Entities, and Individuals as Continuing Professional Education Providers), or an approved educator preparation program (EPP), pursuant to Chapter 228, Subchapter B, [~~§228.10~~ ] of this title (relating to Approval of Educator Preparation Programs [~~Approval Process~~]); and

(B) being directly related to the knowledge and skills included in the certification examination competency or competencies in which the candidate answered less than 70 percent of competency questions correctly. The formula for identifying a deficit competency is the combined total of correct answers for each competency on the five most recent examinations divided by the combined total of questions for each competency on the five most recent examinations.

(4) Documentation of educational activities that a candidate must submit includes:

(A) the provider, sponsor, or program's name, address, telephone number, and email address. The TEA staff may contact the provider, sponsor, or program to verify an educational activity;

(B) the name of the educational activity (e.g., course title, course number);

(C) the competency or competencies addressed by the educational activity as determined by the formula described in paragraph (3)(B) of this subsection;

(D) the provider, sponsor, or program's description of the educational activity (e.g., syllabus, course outline, program of study); and

(E) the provider, sponsor, or program's written verification of the candidate's completion of the educational activity (e.g., transcript, certificate of completion). The written verification must include:

(i) the provider, sponsor, or program's name;

(ii) the candidate's name;

(iii) the name of the educational activity;

(iv) the date(s) of the educational activity; and

(v) the number of clock-hours completed for the educational activity. Clock-hours completed before the most recent examination attempt or after a request for a waiver is submitted shall not be included. One semester credit hour earned at an accredited institution of higher education is equivalent to 15 clock-hours.

(5) To request a waiver of the limitation, a candidate must meet the following conditions:

(A) the candidate is otherwise eligible to take an examination. A candidate seeking a certificate based on completion of an EPP must have the approval of an EPP to request a waiver;

(B) beginning September 1, 2016, the candidate pays the non-refundable waiver request fee of $160;

(D) the request for the waiver is postmarked not earlier than:

(i) 30 [45] calendar days after an unsuccessful attempt at the fourth retake of an examination as defined in [~~the~~] TEC, §21.048; or ~~[(ii) 90 calendar days after the date of the most recent denied waiver of the limitation request; or]~~

(ii) [~~(iii)~~] 90 [~~180~~ ] calendar days after the date of the most recent unsuccessful examination attempt that was the result of the most recently approved request for waiver of the limitation.

(6) The TEA staff shall administratively approve each application that meets the criteria specified in paragraphs (2)-(5) of this subsection.

(7) An applicant who does not meet the criteria in paragraphs (2)-(5) of this subsection may appeal to the SBEC for a final determination of good cause. A determination by the SBEC is final and may not be appealed.

(b) A candidate seeking a standard certificate as an educator based on completion of an approved EPP may take the appropriate certification examination(s) required by subsection (a) of this section only at such time as the EPP determines the candidate's readiness to take the examinations, or upon successful completion of the EPP, whichever comes first.

(c) The holder of a lifetime Texas certificate effective before February 1, 1986, must pass examinations prescribed by the SBEC to be eligible for continued certification, unless the individual has passed the Texas Examination of Current Administrators and Teachers (TECAT).

(d) The commissioner of education approves the satisfactory level of performance required for certification examinations, and the SBEC approves a schedule of examination fees and a plan for administering the examinations.

(e) The appropriate examination(s) required for certification are specified in the figure provided in this subsection. By September 1, 2026, the SBEC shall update the pedagogy examination requirements as specified in the figure provided in this subsection to include content and grade banded Texas-specific teacher performance assessments. For issuance of a probationary or standard certificate in more than one certification category, a candidate must pass the appropriate pedagogy examination specified in the figure provided in this subsection for any one of the certificates sought.

Figure: 19 TAC §230.21(e) (.pdf)

[~~Figure: 19 TAC §230.21(e)~~]

(f) Scores from examinations required under this title must be made available to the examinee, the TEA staff, and, if appropriate, the EPP from which the examinee will seek a recommendation for certification. Candidates may use passing scores on an examination required under this section for certification if the candidate is recommended for certification up to one year after the last operational date for the examination as prescribed in Figure: 19 TAC §230.21(e).

(g) The following provisions concern ethical obligations relating to examinations.

(1) An educator or candidate who participates in the development, design, construction, review, field testing, scoring, or validation of an examination shall not reveal or cause to be revealed the contents of the examination to any other person.

(2) An educator or candidate who administers an examination shall not:

(A) allow or cause an unauthorized person to view any part of the examination;

(B) copy, reproduce, or cause to be copied or reproduced any part of the examination;

(D) correct, alter, or cause to be corrected or altered any response to a test item contained in the examination;

(E) provide assistance with any response to a test item contained in the examination or cause assistance to be provided; or

(F) deviate from the rules governing administration of the examination.

(3) An educator or candidate who is an examinee shall not:

(A) copy, reproduce, or cause to be copied or reproduced any test item contained in the examination;

(B) provide assistance with any response to a test item contained in the examination, or cause assistance to be provided;

(D) deviate from the rules governing administration of the examination; or

(E) otherwise engage in conduct that amounts to cheating, deception, or fraud.

(4) An educator, candidate, or other test taker shall not:

(A) solicit information about the contents of test items on an examination that the educator, candidate, or other test taker has not already taken from an individual who has had access to those items, or offer information about the contents of specific test items on an examination to individuals who have not yet taken the examination;

(B) fail to pay all test costs and fees as required by this chapter or the testing vendor; or

(C) otherwise engage in conduct that amounts to violations of test security or confidentiality integrity, including cheating, deception, or fraud.

(5) A person who violates this subsection is subject to:

(A) sanction, including, but not limited to, disallowance and exclusion from future examinations either in perpetuity or for a period of time that serves the best interests of the education profession, in accordance with the provisions of [~~the~~] TEC, §21.041(b)(7), and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases); and/or

(B) denial of certification in accordance with the provisions of [~~the~~] TEC, §21.041(b)(7), and Chapter 249 of this title; and/or

(C) voiding of a score from an examination in which a violation specified in this subsection occurred as well as a loss of a test attempt for purposes of the retake limit in subsection (a) of this section.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304859

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER D. TYPES AND CLASSES OF CERTIFICATES ISSUED

19 TAC §230.31

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §21.041(b)(1), (2), and (4), which require the State Board for Educator Certification (SBEC) to propose rules that provide for the regulation of educators and the general administration of TEC, Chapter 21, Subchapter B, in a manner consistent with TEC, Chapter 21, Subchapter B; specify the classes of educator certificates to be issued, including emergency certificates; and specify the requirements for the issuance and renewal of an educator certificate; TEC, §§21.044(a)-(f), which requires SBEC to make rules specifying what each educator is expected to know and be able to do, establishing training requirements that a candidate must accomplish to attain a certificate, and setting out the minimum academic qualifications required for certification. It also specifies certain required training and minimum academic qualifications for certification; TEC, §21.048, which states the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board that includes not requiring more than 45 days elapsing between examination retakes and that starting January 1, 2021, all candidates teaching prekindergarten through grade six must demonstrate proficiency in the science of teaching reading on a certification examination; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.050(a), which states a person who applies for a teaching certificate must possess a bachelor's degree; TEC, §21.050(b), which states the SBEC shall provide for a minimum number of semester credit hours of field-based experience or internship; TEC, §21.050(c), which states a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; TEC, §22.082, which requires SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under Chapter 21, Subchapter B; and Texas Occupations Code, §54.003, which states a licensing authority shall provide accommodations and eligibility criteria for examinees diagnosed as having dyslexia.

§230.31.Types of Certificates.

(a) "Type of certificate" means a designation of the period of validity for a certificate and includes the following certificate designations:

(1) standard, as specified in subsection (c) of this section;

(2) provisional, as specified in subsection (b) of this section;

(3) professional, as specified in subsection (b) of this section;

(4) one year, as specified in §230.113 of this title (relating to Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries);

(5) intern, as specified in §230.36 of this title (relating to Intern Certificates);

(6) probationary, as specified in §230.37 of this title (relating to Probationary Certificates);

(7) emergency, as specified in §230.73 of this title (relating to Validity of Emergency Permits); [~~and~~]

(8) educational aide, as specified in Subchapter E of this chapter (relating to Educational Aide Certificate); and [.]

(9) enhanced standard, as specified in §230.39 of this title (relating to Enhanced Standard Certificates).

(b) All provisional and professional educator certificates issued prior to September 1, 1999, shall be valid for the life of the individual unless suspended, surrendered in lieu of revocation, or revoked by lawful authority.

(c) Effective September 1, 1999, the standard certificate shall be issued for all classes of certificates and shall be valid for five years, subject to the requirements of Chapter 232, Subchapter A, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements). The standard certificate is issued to individuals who have met all requirements for a given subject area or class of certification.

(d) Effective September 1, 2017, the educational aide certificate shall be valid for two years. Educational aide certificates issued effective September 1, 2017, will expire at the end of the two-year validity period. Individuals issued an educational aide certificate prior to September 1, 2017, as well as new applicants for the educational aide certificate, will be required to reapply for certification every two years and meet any other requirements for the educational aide certificate as specified in §230.65 of this title (relating to Requirements for Reissuance of Educational Aide Certificates).

(e) Effective September 1, 2024, the enhanced standard certificate shall be issued for the teacher class of certificates and shall be valid for five years, subject to the requirements of Chapter 232, Subchapter A, of this title. The enhanced standard certificate is issued to individuals who have met all requirements as specified in §230.39 of this title.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304860

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

19 TAC §230.39

STATUTORY AUTHORITY. The new rule is proposed under Texas Education Code (TEC), §21.041(b)(1), (2), and (4), which require the State Board for Educator Certification (SBEC) to propose rules that provide for the regulation of educators and the general administration of TEC, Chapter 21, Subchapter B, in a manner consistent with TEC, Chapter 21, Subchapter B; specify the classes of educator certificates to be issued, including emergency certificates; and specify the requirements for the issuance and renewal of an educator certificate; TEC, §§21.044(a)-(f), which requires SBEC to make rules specifying what each educator is expected to know and be able to do, establishing training requirements that a candidate must accomplish to attain a certificate, and setting out the minimum academic qualifications required for certification. It also specifies certain required training and minimum academic qualifications for certification; TEC, §21.048, which states the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board that includes not requiring more than 45 days elapsing between examination retakes and that starting January 1, 2021, all candidates teaching prekindergarten through grade six must demonstrate proficiency in the science of teaching reading on a certification examination; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.050(a), which states a person who applies for a teaching certificate must possess a bachelor's degree; TEC, §21.050(b), which states the SBEC shall provide for a minimum number of semester credit hours of field-based experience or internship; TEC, §21.050(c), which states a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; TEC, §22.082, which requires SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under Chapter 21, Subchapter B; and Texas Occupations Code, §54.003, which states a licensing authority shall provide accommodations and eligibility criteria for examinees diagnosed as having dyslexia.

CROSS REFERENCE TO STATUTE. The new section implements Texas Education Code (TEC), §§21.041(b)(1), (2), and (4); 21.044(a)-(f); 21.048; 21.0485; 21.050; 22.082; and Texas Occupations Code (TOC) §54.003.

§230.39.Enhanced Standard Certificates.

(a) General provisions.

(1) Certificate classes. An enhanced standard certificate may be issued for the teacher class of certificate.

(2) Requirement to hold an enhanced standard certificate. A candidate who has completed a residency in accordance with §228.65 of this title (relating to Residency) must hold an enhanced standard certificate to be employed by a school district to teach the majority of the instructional day in an academic instructional setting and to evaluate student achievement and assign grades.

(b) Requirements for issuance. An enhanced standard certificate may be issued to an individual who meets the conditions and requirements prescribed in this subsection.

(1) Bachelor's degree. Except as otherwise provided in rules of the State Board for Educator Certification (SBEC) related to certain career and technical education certificates based on skill and experience, an individual must hold a bachelor's degree or higher from an accredited institution of higher education to be eligible for the enhanced standard certificate. An individual who has earned a degree outside the United States must provide an original, detailed report or course-by-course evaluation for all college-level credits prepared by a foreign credential evaluation service recognized by the Texas Education Agency (TEA). The evaluation must verify that the individual holds, at a minimum, the equivalent of a bachelor's degree issued by an accredited institution of higher education in the United States.

(2) General certification requirements. The individual must meet the general certification requirements prescribed in §230.11 of this title (relating to General Requirements).

(3) Fee. The individual must pay the fee prescribed in §230.101 of this title (relating to Schedule of Fees for Certification Services).

(4) Fingerprints. The individual must submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and Texas Education Code (TEC), §22.0831.

(5) Residency. The individual must complete a residency in accordance with Chapter 228 of this title (relating to Requirements for Educator Preparation Programs), meet proficiency thresholders on teacher competencies as prescribed in §228.65(f) of this title, and be recommended by an approved educator preparation program by the application and issuance deadlines for the certificate.

(6) Content pedagogy examination. The individual must receive a passing score on comprehensive content pedagogy examinations prescribed by the SBEC as specified in §230.21 of this title (relating to Educator Assessment).

(c) Validation period. The enhanced standard certificate shall be valid for five years, subject to the requirements of Chapter 232, Subchapter A, of this title (relating to Certificate Renewal and Continuing Professional Education Requirements).

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304862

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

SUBCHAPTER G. CERTIFICATE ISSUANCE PROCEDURES

19 TAC §230.101, §230.105

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §21.041(b)(1), (2), and (4), which require the State Board for Educator Certification (SBEC) to propose rules that provide for the regulation of educators and the general administration of TEC, Chapter 21, Subchapter B, in a manner consistent with TEC, Chapter 21, Subchapter B; specify the classes of educator certificates to be issued, including emergency certificates; and specify the requirements for the issuance and renewal of an educator certificate; TEC, §§21.044(a)-(f), which requires SBEC to make rules specifying what each educator is expected to know and be able to do, establishing training requirements that a candidate must accomplish to attain a certificate, and setting out the minimum academic qualifications required for certification. It also specifies certain required training and minimum academic qualifications for certification; TEC, §21.048, which states the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board that includes not requiring more than 45 days elapsing between examination retakes and that starting January 1, 2021, all candidates teaching prekindergarten through grade six must demonstrate proficiency in the science of teaching reading on a certification examination; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.050(a), which states a person who applies for a teaching certificate must possess a bachelor's degree; TEC, §21.050(b), which states the SBEC shall provide for a minimum number of semester credit hours of field-based experience or internship; TEC, §21.050(c), which states a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; TEC, §22.082, which requires SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under Chapter 21, Subchapter B; and Texas Occupations Code, §54.003, which states a licensing authority shall provide accommodations and eligibility criteria for examinees diagnosed as having dyslexia.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.041(b)(1), (2), and (4); 21.044(a)-(f); 21.048; 21.0485; 21.050; 22.082; and Texas Occupations Code (TOC) §54.003.

§230.101.Schedule of Fees for Certification Services.

(a) An applicant for a certificate or a school district requesting a permit shall pay the applicable fee from the following list.

(1) Educational aide certificate:

(A) prior to September 1, 2017--$30; and

(B) after August 31, 2017--$15.

(2) Standard certificate--$75.

(3) Enhanced standard certificate--$75.

(4) [~~(3)~~] Probationary or intern certificate:

(A) prior to September 1, 2017--$50; and

(B) after August 31, 2017--$75.

(5) [~~(4)~~] Addition of certification based on completion of appropriate examination--$75.

(6) [~~(5)~~] Review of a credential issued by a jurisdiction other than Texas (nonrefundable):

(A) prior to September 1, 2016--$175; and

(B) after August 31, 2016--$160.

(7) [~~(6)~~] One-year certificate based on a credential issued by a jurisdiction other than Texas--$50.

(8) [~~(7)~~] Emergency permit (nonrefundable)--$55.

(9) [~~(8)~~] National criminal history check (nonrefundable)--The fee, posted on the Texas Education Agency website, shall include a $10 criminal history review fee in addition to the current cost of fingerprint scanning, processing, and obtaining national criminal history record information from the Texas Department of Public Safety, its contractors, and the Federal Bureau of Investigation. The same fee will be paid by current certified educators who are subject to a national criminal history check pursuant to [~~the~~] Texas Education Code, §§22.082, 22.0831, and 22.0836.

(10) [~~(9)~~] Review of the superintendent application for the substitution of managerial experience for the principal certificate requirement (nonrefundable)--$160.

(11) [~~(10)~~] On-time renewal of educational aide certificate:

(A) prior to September 1, 2017--$10; and

(B) after August 31, 2017--no charge.

(12) [~~(11)~~] Additional fee for late renewal of educational aide certificate:

(A) prior to September 1, 2017--$5; and

(B) after August 31, 2017--no charge.

(13) [~~(12)~~] Reactivation of an inactive educational aide certificate--$15.

(14) [~~(13)~~] Reinstatement following restitution of child support or student loan repayment for educational aide certificate--$20.

(15) [~~(14)~~] On-time renewal of a standard certificate--$20.

(16) On-time renewal of an enhanced standard certificate--$20.

(17) [~~(15)~~] Additional fee for late renewal of a standard certificate--$10.

(18) [~~(16)~~] Reactivation of an inactive standard certificate--$40; except for an inactivation pursuant to §232.9 of this title (relating to Inactive Status and LateRenewal).

(19) [~~(17)~~] Reinstatement following restitution of child support or student loan repayment--$50.

(20) [~~(18)~~] Visiting international teacher certificate--$75.

(21) [~~(19)~~] Request for preliminary criminal history evaluation (nonrefundable)--$50.

(b) The fee for correcting a certificate or permit when the error is not made by the Texas Education Agency shall be equal to the fee for the original certificate or permit.

(c) An individual registering to take certification tests shall pay the applicable fee(s) from the following list of categories:

(1) Selected Response-Only Assessments--$116.

(2) Single Subject Area Tests (801-809)--$58.

(3) Enhanced Selected-Response/Constructed-Response Assessments for Tests (801-809)--$70.

(4) Enhanced Selected-Response/Constructed-Response Assessments--$136.

(5) Enhanced Selected-Response/Constructed-Response Administrator and Student Services Assessments--$200.

(6) Performance-Based Assessments for teachers--$311.

(7) Performance-Based Assessments for teachers, retake per task--$111.

(d) An individual registering to take a content certification examination prior to admission to an educator preparation program [~~EPP~~] shall pay the applicable fee(s) from the following list of categories:

(1) Content Certification Examinations except American Sign Language (ASL)--$106.

(2) Essential Academic Skills Sub-Tests Retake (701-703)--$56.

(3) Content Certification Examinations for ASL Sub-Tests (784-785)--$56.

§230.105.Issuance of Additional Certificates Based on Examination.

A teacher who holds a valid provisional, professional, [or] standard, or enhanced standard classroom teaching certificate [~~classroom teaching certificate~~] or a valid temporary classroom teaching certificate issued under the provisions of Subchapter H of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States), or Chapter 245 of this title (relating to Certification of Educators from Other Countries), and a bachelor's degree or higher from an accredited institution of higher education may qualify for an additional teaching field or certification to teach at another level by passing the appropriate certification examination(s) for that subject. The teacher must submit the application to add certification based on an examination during the time the certificate is allowed to be issued by the State Board for Educator Certification. The application for the additional certification must be submitted during the validity period of the appropriate Texas classroom teaching certificate. If a teacher holds multiple teaching certificates, all teaching certificates must be active before adding certification by examination. The rule shall not be used to qualify a classroom teacher for:

(1) initial certification;

(2) the Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certificate;

(3) the Early Childhood: Prekindergarten-Grade 3 certificate;

(4) the Deafblind Supplemental: Early Childhood-Grade 12 certificate;

(5) [~~(4)~~] another class of certificate, as listed in Subchapter D of this chapter (relating to Types and Classes of Certificates Issued); or

(6) [~~(5)~~] certification for which no certification examination has been developed.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304861

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

CHAPTER 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §233.2, §233.8

The State Board for Educator Certification (SBEC) proposes amendments to 19 Texas Administrative Code (TAC) §233.2 and §233.8, concerning categories of classroom teaching certificates. The proposed amendment to 19 TAC §233.2, Early Childhood; Core Subjects, would add five new core subjects-related certificates, and the proposed amendment to 19 TAC §233.8, Special Education, would add a new Bilingual Special Education Supplemental certificate.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, establish separate certificate categories within the certificate class for the classroom teacher. These categories identify the content area or special population the holder may teach, the grade levels the holder may teach, and the earliest date the certificate may be issued.

Following is a description of the proposed amendments.

§233.2. Early Childhood; Core Subjects.

The proposed amendment in §233.2 would add the following five new certificates as proposed new subsections (d)-(h): Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood-Grade 6; Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6; Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood-Grade 6; Core/English as a Second Language Supplemental with the Science of Teaching Reading: Early Childhood-Grade 6; and Core with the Science of Teaching Reading: Early Childhood-Grade 6.

The SBEC proposes the creation of these new certificates in response to stakeholder feedback and a longstanding goal to consolidate the total number of examinations individuals must take to become certified in various high-needs areas.

§233.8. Special Education.

The proposed amendment in §233.8 would add the Bilingual Special Education Supplemental certificate as proposed new subsection (a) to ensure there are teachers with special training in providing instruction to students of limited English proficiency with disabilities. To qualify for issuance of the Bilingual Special Education Supplemental certificate, individuals must complete an EPP, pass a certification examination, and successfully complete any other requirements prescribed by the SBEC.

The SBEC proposes deleting current §233.8(a), Core Subjects with Science of Teaching Reading/Special Education: Early Childhood-Grade 6, because this certificate would be replaced by proposed new §233.2(e), Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.

TAKINGS IMPACT ASSESSMENT: 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: 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 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 create a new regulation; 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.

DATA AND REPORTING IMPACT: The proposed amendment would have no new data and reporting impact.

ENVIRONMENTAL IMPACT STATEMENT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §21.003(a), which 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, which 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, §21.041(b)(1), which 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), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; TEC, §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(6), which requires the SBEC to propose rules that provide for special or restricted certification of educators, including certification of instructors of American Sign Language; TEC, §21.044(e), which provides the requirements that SBEC rules must specify for a person to obtain a certificate to teach a health science technology education course; TEC, §21.044(f), which provides that SBEC rules for obtaining a certificate to teach a health science technology education course shall not specify that a person must have a bachelor's degree or establish any other credential or teaching experience requirements that exceed the requirements under TEC, §21.044(e); TEC, §21.0442, which requires the SBEC to create an abbreviated educator preparation program (EPP) for trade and industrial workforce training; TEC, §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC. TEC, §21.048(a), also specifies that the commissioner of education shall determine the satisfactory level of performance required for each certification examination and require a satisfactory level of examination performance in each core subject covered by the generalist certification examination; TEC, §21.048(a-2), which requires the SBEC to adopt rules to require individuals teaching any grade level from Prekindergarten-Grade 6 to demonstrate proficiency in the science of teaching reading; TEC, §21.0487, which requires the SBEC to establish a standard Junior Reserve Officer Training Corps teaching certificate; TEC, §21.0489, which requires the SBEC to create a Prekindergarten-Grade 3 certificate;

TEC, §21.04891, which requires the SBEC to create a Bilingual Special Education certificate; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; and TEC, §22.0831(f)(1) and (2), which state the SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1)-(4) and (6); 21.044(e) and (f); 21.0442; 21.048(a) and (a-2); 21.0487; 21.0489; 21.04891; 21.0491; and 22.0831(f).

§233.2.Early Childhood; Core Subjects.

(a) Early Childhood: Prekindergarten-Grade 3. The Early Childhood: Prekindergarten-Grade 3 certificate may be issued no earlier than January 1, 2020.

(b) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6. The Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than January 1, 2021.

(c) Core Subjects with Science of Teaching Reading: Grades 4-8. The Core Subjects with Science of Teaching Reading certificate: Grades 4-8 may be issued no earlier than January 1, 2021.

(d) Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood-Grade 6. The Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2027.

(e) Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6. The Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2027.

(f) Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood-Grade 6. The Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2028.

(g) Core/English as a Second Language Supplemental with the Science of Teaching Reading: Early Childhood-Grade 6. The Core/English as a Second Language Supplemental with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2028.

(h) Core with the Science of Teaching Reading: Early Childhood-Grade 6. The Core with the Science of Teaching Reading: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2027.

§233.8.Special Education.

(a) Bilingual Special Education Supplemental: Early Childhood-Grade 12: The Bilingual Special Education Supplemental: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2027.

[(a) Core Subjects with Science of Teaching Reading/Special Education: Early Childhood-Grade 6. The Core Subjects with Science of Teaching Reading/ Special Education: Early Childhood-Grade 6 certificate may be issued no earlier than September 1, 2026.]

(b) Deafblind Supplemental: Early Childhood-Grade 12. The Deafblind: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2025.

(c) Special Education: Early Childhood-Grade 12. The Special Education: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2003.

(d) Special Education Specialist: Early Childhood-Grade 12. The Special Education Specialist: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2025.

(e) Special Education Supplemental. The Special Education Supplemental certificate may be issued no earlier than September 1, 2003.

(f) Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12. The Teacher of the Deaf and Hard of Hearing: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005.

(g) Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12. The Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certificate may be issued no earlier than September 1, 2005.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304863

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497

CHAPTER 239. STUDENT SERVICES CERTIFICATES

SUBCHAPTER A. SCHOOL COUNSELOR CERTIFICATE

19 TAC §239.20

The State Board for Educator Certification (SBEC) proposes an amendment to 19 Texas Administrative Code (TAC) §239.20, concerning requirements for the issuance of the standard school counselor certificate. The proposed amendment would implement the statutory requirement of Senate Bill (SB) 798, 88th Texas Legislature, Regular Session, 2023, and would update the certificate issuance rules to remove the requirement that an individual must have two years of classroom teaching experience to receive a school counselor certificate.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 239, Student Services Certificates, Subchapter A, School Counselor Certificate, establish requirements for minimum admission, preparation, standards, certificate issuance, renewal, and transition and implementation dates for the school counselor certificate. These requirements ensure educators are qualified and professionally prepared to instruct the schoolchildren of Texas.

SB 798, 88th Texas Legislature, Regular Session, 2023, Requirements

SB 798, 88th Texas Legislature, Regular Session, 2023, took effect on September 1, 2023, and requires the SBEC to propose rules not later than January 1, 2024, to remove the requirement that a candidate for school counselor certification must have experience as a classroom teacher. The proposed amendment would comply with the deadline given in legislation to initiate SBEC rulemaking.

Following is a description of the proposed amendment to 19 TAC Chapter 239, Subchapter A, §239.20, that would update the school counselor certificate issuance rule and implement the provisions of SB 798.

§239.20. Requirements for the Issuance of the School Counselor Certificate.

The proposed amendment to 19 TAC §239.20(4) would strike the text in its entirety and comply with provisions in SB 798 to remove the requirement of two creditable years of teaching experience as a classroom teacher as a condition for issuance of the school counselor certificate. Additional minor technical edits would be made to reflect the deletion of this requirement.

FISCAL IMPACT: Emily Garcia, associate commissioner for educator preparation, certification, and enforcement has determined that for the first five years that the proposal is in effect there is no additional fiscal impact on state and local governments and that there are no additional costs to entities required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.

TAKINGS IMPACT ASSESSMENT: 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: 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 repeal an existing regulation as SB 798 requires the SBEC to remove two years of classroom teaching experience as a requirement for issuance of the standard school counselor certificate.

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 create a new regulation; would not expand or 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.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT STATEMENT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

STATUTORY AUTHORITY. The amendment is proposed under Texas Education Code (TEC), §21.031(a), which charges the State Board for Educator Certification (SBEC) with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.040(2), which states that the SBEC shall, for each class of educator certificate, appoint an advisory committee composed of members of that class to recommend standards for that class to the board; TEC, §21.041(a), which authorizes the SBEC to adopt rules as necessary to implement its procedures; TEC, §21.041(b)(1), which 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 TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2)-(4), which require 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 issuance and renewal of an educator certificate; TEC, §21.041(b)(5), which requires the SBEC to provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to §21.052; TEC, §21.041(b)(9), which requires the SBEC to provide for continuing education requirements; TEC, §21.044(a)(2), which requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program; TEC, §21.0462, as added by Senate Bill 798, 88th Texas Legislature, Regular Session, 2023, which prohibits requiring candidates have experience as a classroom teacher; TEC, §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC and requires the commissioner of education to determine the satisfactory level of performance required for each certification examination and each core subject covered by the generalist certification examination; TEC, §21.054, as amended by House Bill 2929, 88th Texas Legislature, Regular Session, 2023, which requires classroom teachers, principals, and school counselors to earn continuing professional education units in specific areas and directs the SBEC to propose rules relating to continuing professional education courses and programs for educators; and TEC, §22.0831(f), which states the board may propose rules to implement this section, including rules establishing: (1) deadlines for a person to submit fingerprints and photographs in compliance with this section; and (2) sanctions for a person's failure to comply with the requirements of this section, including suspension or revocation of a certificate or refusal to issue a certificate.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§21.031(a); 21.040(2); 21.041(a), (b)(1)-(5), and (9); 21.044(a)(2); 21.0462, as added by Senate Bill 798, 88th Texas Legislature, Regular Session, 2023; 21.048(a); 21.054, as amended by House Bill 2929, 88th Texas Legislature, Regular Session, 2023; and 22.0831(f).

§239.20.Requirements for the Issuance of the Standard School Counselor Certificate.

To be eligible to receive the standard School Counselor Certificate, a candidate must:

(1) successfully complete a school counselor preparation program that meets the requirements of §239.10 of this title (relating to Preparation Program Requirements) and §239.15 of this title (relating to Standards Required for the School Counselor Certificate);

(2) successfully complete the examination based on the standards identified in §239.15 of this title; and

(3) hold, at a minimum, a 48-hour master's degree in counseling from an accredited institution of higher education that at the time was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.[~~; and~~]

[(4) have two creditable years of teaching experience as a classroom teacher, as defined in Chapter 153, Subchapter CC, of this title (relating to Commissioner's Rules on Creditable Years of Service) and the Texas Education Code, §5.001(2).]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 18, 2023.

TRD-202304864

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: January 28, 2024

For further information, please call: (512) 475-1497