PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 229. ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION
The State Board for Educator Certification (SBEC) adopts amendments to 19 Texas Administrative Code (TAC) §§229.1 - 229.4, 229.6, and 229.9, concerning accountability system for educator preparation programs. The amendments to §§229.1 - 229.4, 229.6, and 229.9 are adopted without changes to the proposed text as published in the August 9, 2024 issue of the Texas Register (49 TexReg 5895) and will not be republished. Chapter 229 establishes the performance standards and procedures for educator preparation program (EPP) accountability. The adopted amendments provide for adjustments to the 2023-2024 Accountability System for Educator Preparation (ASEP) Manual); clarify and streamline language and definitions; organize the rule text by subchapter; and include technical updates.
REASONED JUSTIFICATION: EPPs are entrusted to prepare educators for success in the classroom. Texas Education Code (TEC), §21.0443, requires EPPs to adequately prepare candidates for certification. Similarly, TEC, §21.031, requires the SBEC to ensure candidates for certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state. TEC, §21.045, also requires SBEC to establish standards to govern the continuing accountability of all EPPs. The SBEC rules in 19 TAC Chapter 229 establish the process used for issuing annual accreditation ratings for all EPPs to comply with these provisions of the TEC and to ensure the highest level of educator preparation, which is codified in the SBEC Mission Statement.
Following is a description of the topics for the adopted amendments to 19 TAC Chapter 229.
Subchapter A. Accountability System for Educator Preparation Program Procedures
Adopted new Subchapter A and title further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future.
§229.1. General Provisions and Purpose of Accountability System for Educator Preparation Programs.
Update of ASEP Manual:
The adopted amendment to Figure: 19 TAC §229.1(c) updates the ASEP manual as follows:
Updates to the table of contents provide consistent descriptive language for the Principal Survey and Teacher Survey throughout the manual.
Updates to Chapter 1 remove the date to future updates and provide consistent descriptive language for the Principal Survey and Teacher Survey.
Updates to Chapter 3 simplify the description of included individuals to clearly align with 19 TAC §229.4(a)(1)(A). The update also removes the exception language related to the Performance Assessment for School Leaders, as starting in the 2023-2024 academic year. It is included in Indicator 1A, as prescribed by 19 TAC §229.2(27). Updates to the example also remove this exception. Finally, updates are made to the example to minimize the inclusion of test 291 and to remove 2 of the 3 examples, since it has expired and the procedure for combining the results is now rare. This provides clarity to the field about the calculations.
Updates to Chapter 4 provide consistency to how the manual refers to the Appraisal of First-Year Teachers by Administrators, including the parenthetical language "Principal Survey," which is in general usage in the field. This provides clarity to stakeholders. Further updates provide clearer language related to the inclusion criteria for teachers in the survey population, including the requirements of employment at the time of the PEIMS snapshot date and holding of their first certificate. This provides transparency to the field. The worked example is also updated to reflect these changes.
Updates to Chapter 5 replace the term "STAAR progress measure" with "STAAR Annual Growth Points" to follow the language in use in 19 TAC Figure: §97.1001(b). This provides a clear match between the ASEP manual and the data source. The updates clarify the included individuals, adding a requirement of being enrolled or finishing an EPP within five years prior to their first year employed as a certified teacher of record. This follows inclusion criteria for the principal survey and teacher survey and ensures a clear boundary for the included population. The updates also clarify the included subject areas and certificate requirements. This provides transparency as to how these calculations are conducted. The section about included assessments is updated to match 19 TAC Figure: §97.1001(b), which provides an accurate description of the data. The section about the scoring approach is updated to better describe the process used to do the calculation, based on the data that are available. The worked example is updated based on these changes.
Updates to Chapter 6 specify that beginning in the 2024-2025 academic year, certificate deactivations must meet the requirements in the newly adopted Chapter 228, Requirements for Educator Preparation Programs. This provides transparency to the field about this requirement. Updates also note the timeline for the evaluation of the new observations in adopted new 19 TAC Chapter 228, Subchapter F, Support for Candidates During Required Clinical Experiences, with the new requirements first being used in the 2025-2026 academic year. This includes a requirement that beginning in the 2025-2026 academic year, only candidates that began their clinical experiences after the effective date of the rule would be included in the evaluation. This provides EPPs the opportunity to update their practices while ensuring that the evaluation for this indicator is based on the rules that were in place for the duration of the clinical experience. Additional updates clarify that observations must occur within the date range of the clinical experience, providing clarity to the field. Updates also remove the exclusion of demographic data for indicator 4b. This exclusion is no longer needed because the data is now collected and can be used. This update increases the total amount of data used in the determination of ASEP statuses and aligns indicator 4b with the other indicators. An update to the worked example corrects the language used for clarity.
Updates to Chapter 7 provide consistency to how the manual refers to the Evaluation of Educator Preparation Programs by Teachers, including the parenthetical languages "Teacher Survey," which is in general usage in the field. This provides clarity to stakeholders. Further updates provide clearer language related to the inclusion criteria for teachers in the survey population, including the requirements of employment at the time of the PEIMS snapshot date and holding their first certificate. Updates also remove outdated language. This provides transparency to the field. The worked example is updated to reflect these changes.
Updates to Chapter 8 remove the EPP commendations for the 2023-2024 academic year. This provides a pause while Texas Education Agency (TEA) staff work with the Board and stakeholders to update the commendation system aligned with new requirements in Chapter 228.
Updates to Chapter 9 update the examples to include the language about the surveys updated earlier in the rule. This provides consistency in usage. Updates also provide an additional year for programs to make improvements on specific indicators by increasing the number of years in a row necessary for a negative value to be introduced into the Index system from two consecutive years to three consecutive years. Currently, if a program fails the same indicator for the same demographic group or at the aggregated "all" level for two years in a row, the weight assigned to the point value is -1, which has a greater impact on the overall score than missing in the first year, where the weight assigned is a 0. The update changes the timeline so that if a program were to miss in the second year, the value would also be 0, and if the program were to miss for the third year consecutively, then the negative weight would be introduced. This is aligned with discussion from the Board and recommended by stakeholders. The worked example is updated to reflect this change.
Update to Commendations
The update to §229.1(d) simplifies the language related to commendations and notes that commendations are not designated for the 2023-2024 reporting year. This provides a pause while TEA staff work with the Board and stakeholders to update the commendation system aligned with new requirements in Chapter 228.
§229.2. Definitions.
The adopted amendment to §229.2(5) "Beginning teacher" clarifies the certification status for a beginning teacher. This aligns the definition with the requirements used for the sample population for ASEP indicator 3, which is where the definition is used.
The adopted amendment to §229.2(6) "Candidate" clarifies the enrollment status for a candidate and provides a technical edit to remove a reference that is no longer used. This aligns the definition with how it is used elsewhere in the chapter.
The adopted amendment to §229.2(9) "Clinical teaching" includes a technical cross-reference edit to reflect the newly adopted Chapter 228 to change references from §228.35 to §228.2.
The adopted amendment to §229.2(13) "Cooperating teacher" aligns the wording to reflect the wording in the newly adopted Chapter 228.
The adopted amendment to §229.2(24) "Internship" includes a technical cross-reference edit to reflect the newly adopted Chapter 228 to change references from §228.35 to §228.2.
The adopted amendment to §229.2(25) "Mentor" aligns the wording to reflect the wording in the newly adopted Chapter 228.
The adopted amendment to §229.2(26) strikes the definition of "New Teacher" because it is not used in the rules. Subsequent definitions are renumbered.
The adopted amendment to §229.2(28), (renumbered to adopted §229.2(27)), "Practicum" includes a technical cross-reference edit to reflect the newly adopted Chapter 228 to change references from §228.35 to §228.2.
The adopted amendment to §229.2(30), (renumbered to adopted §229.2(29)), "Site Supervisor" aligns the wording to reflect the wording in the newly adopted Chapter 228.
§229.3. Required Submissions of Information, Surveys, and Other Data.
The adopted amendment to §229.3(a) removes "new teachers" because there is no longer a separate requirement for "new teachers" and "first-year teachers" related to data collection. The adopted amendment to §229.3(e) and (f) provides consistent language, removing the only use of "participant" in the chapter, and shifts the language from "new" teacher to "first-year" teacher since the survey requirement is now applicable to first-year teachers. This streamlines the language used in the rule and aligns the language in this section with the teacher survey population.
Subchapter B. Accountability System for Educator Preparation Accreditation Statuses
Adopted new Subchapter B and title further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future.
§229.4. Determination of Accreditation Status.
The adopted amendment to §229.4(a)(1)(B) strikes the exception for the Performance Assessment for School Leaders because it is now expired. The subsequent provisions are relettered.
The adopted amendment to §229.4(a)(3) replaces the term "STAAR Annual Progress Measure" with "STAAR Annual Growth Points" to follow the language in use in 19 TAC Figure: §97.1001(b). The amendment also provides the 2023-2024 academic year as a report only year, because the processes used by TEA to generate the underlying data has shifted, and a report-only year allows the Board and stakeholders to review results from this new model prior to the data being used for accountability.
The adopted amendment to §229.4(a)(4) and §229.4(a)(4)(A) removes the general reference to Chapter 228 and replaces it with the specific reference in §229.4(a)(4)(A)(1) and §229.4(a)(4)(A)(2). This provides a clear timeline for when the evaluation of observations will use the current standard and when the evaluation of the observations will use the updated standard in newly adopted 19 TAC Chapter 228, Subchapter F, with the new requirements first being used in the 2025-2026 academic year. This provides EPPs the opportunity to update their practices while ensuring that the evaluation for this indicator is based on the rules that were in place for the duration of the clinical experience.
The adopted amendment to §229.4(a)(5) updates the language from "new" teacher to "first-year" teacher since the teacher survey population has been updated to match that definition. This provides clarity and streamlines the language used in the rule.
Subchapter C. Accreditation Sanctions
Adopted new Subchapter C and title further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future. Section 229.5, currently in effect, is organized under new Subchapter C, but no rule changes were made.
Subchapter D. Continuing Approval Procedures
Adopted new Subchapter D and title further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future.
§229.6. Continuing Approval.
The adopted amendment to §229.6(a) and (b) includes a technical cross-reference edit to reflect the newly adopted Chapter 228.
Subchapter E. Review Procedures
Adopted new Subchapter E and title further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future. Sections 229.7 and 229.8, currently in effect, are organized under new Subchapter E, but no rule changes were made.
Subchapter F. Required Fees
Adopted new Subchapter F and title further organize the rule text and enable greater flexibility in rulemaking for the SBEC in the future.
§229.9. Fees for Educator Preparation Program Approval and Accountability.
The adopted amendment to §229.9(2) and (3) includes a technical cross-reference edit to reflect the newly adopted Chapter 228.
SUMMARY OF COMMENTS: The public comment period on the proposal began August 9, 2024, and ended September 9, 2024. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the September 20, 2024, meeting's public comment period in accordance with the SBEC board operating policies and procedures. The following public comment was received on the proposal.
Comment: A representative from Texans for Special Education Reform requested that the questions on the Principal Survey relating to students with disabilities be required to be answered for every teacher, not just those indicated by the principal as having worked directly with students with disabilities. Additionally, the commenter also requested that the survey be revised to better reflect the statutory requirements of TEC, §21.0443(b).
Response: The SBEC disagrees. The rationale for the optional nature of these survey sections related to students with disabilities is to allow for flexibility to match the practical experience of new teachers in the field. Most teachers do work with students with disabilities. This is reflected in the survey data, as respondents completed the optional sections on over 80% of surveys. This response rate provides evidence that principals and teachers recognize that it is highly common that they work with students with disabilities, even outside specific assignments. Consequently, EPPs are held accountable for preparing candidates to meet the needs of students with disabilities through these surveys. Retaining the optional nature of these survey sections provides flexibility for the minority of teachers who do not work with students with disabilities.
The State Board of Education (SBOE) took no action on the review of the amendments to §§229.1 - 229.4, 229.6, and 229.9 at the November 22, 2024, SBOE meeting.
SUBCHAPTER A. ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAM PROCEDURES
STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §21.041(a), which allows the State Board for Educator Certification (SBEC) to adopt rules as necessary for its own 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 the TEC, Chapter 21, Subchapter B; TEC, §21.041(d), which states that the SBEC may adopt a fee for the approval and renewal of approval of an EPP, for the addition of a certificate or field of certification, and to provide for the administrative cost of appropriately ensuring the accountability of EPPs; TEC, §21.043(b) and (c), which require SBEC to provide EPPs with data, as determined in coordination with stakeholders, based on information reported through the Public Education Information Management System (PEIMS) that enables an EPP to assess the impact of the program and revise the program as needed to improve; TEC, §21.0441(c) and (d), which require the SBEC to adopt rules setting certain admission requirements for EPPs; TEC, §21.0443, which states that the SBEC shall propose rules to establish standards to govern the approval or renewal of approval of EPPs and certification fields authorized to be offered by an EPP. To be eligible for approval or renewal of approval, an EPP must adequately prepare candidates for educator certification and meet the standards and requirements of the SBEC. The SBEC shall require that each EPP be reviewed for renewal of approval at least every five years. The SBEC shall adopt an evaluation process to be used in reviewing an EPP for renewal of approval; TEC, §21.045, which states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all EPPs; TEC, §21.0451, which states that the SBEC shall propose rules for the sanction of EPPs that do not meet accountability standards and shall annually review the accreditation status of each EPP. The costs of technical assistance required under TEC, §21.0451(a)(2)(A), or the costs associated with the appointment of a monitor under TEC, §21.0451(a)(2)(C), shall be paid by the sponsor of the EPP; and TEC, §21.0452, which states that to assist persons interested in obtaining teaching certification in selecting an EPP and assist school districts in making staffing decisions, the SBEC shall make certain specified information regarding EPPs in this state available to the public through the SBEC's Internet website.
CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §§21.041(a), (b)(1), and (d); 21.043(b) and (c); 21.0441(c) and (d); 21.0443; 21.045; 21.0451; and 21.0452.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406106
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: January 7, 2025
Proposal publication date: August 9, 2024
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §21.041(a), which allows the State Board for Educator Certification (SBEC) to adopt rules as necessary for its own 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 the TEC, Chapter 21, Subchapter B; TEC, §21.041(d), which states that the SBEC may adopt a fee for the approval and renewal of approval of an EPP, for the addition of a certificate or field of certification, and to provide for the administrative cost of appropriately ensuring the accountability of EPPs; TEC, §21.043(b) and (c), which require SBEC to provide EPPs with data, as determined in coordination with stakeholders, based on information reported through the Public Education Information Management System (PEIMS) that enables an EPP to assess the impact of the program and revise the program as needed to improve; TEC, §21.0441(c) and (d), which require the SBEC to adopt rules setting certain admission requirements for EPPs; TEC, §21.0443, which states that the SBEC shall propose rules to establish standards to govern the approval or renewal of approval of EPPs and certification fields authorized to be offered by an EPP. To be eligible for approval or renewal of approval, an EPP must adequately prepare candidates for educator certification and meet the standards and requirements of the SBEC. The SBEC shall require that each EPP be reviewed for renewal of approval at least every five years. The SBEC shall adopt an evaluation process to be used in reviewing an EPP for renewal of approval; TEC, §21.045, which states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all EPPs; TEC, §21.0451, which states that the SBEC shall propose rules for the sanction of EPPs that do not meet accountability standards and shall annually review the accreditation status of each EPP. The costs of technical assistance required under TEC, §21.0451(a)(2)(A), or the costs associated with the appointment of a monitor under TEC, §21.0451(a)(2)(C), shall be paid by the sponsor of the EPP; and TEC, §21.0452, which states that to assist persons interested in obtaining teaching certification in selecting an EPP and assist school districts in making staffing decisions, the SBEC shall make certain specified information regarding EPPs in this state available to the public through the SBEC's Internet website.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§21.041(a), (b)(1), and (d); 21.043(b) and (c); 21.0441(c) and (d); 21.0443; 21.045; 21.0451; and 21.0452.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406107
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: January 7, 2025
Proposal publication date: August 9, 2024
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §21.041(a), which allows the State Board for Educator Certification (SBEC) to adopt rules as necessary for its own 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 the TEC, Chapter 21, Subchapter B; TEC, §21.041(d), which states that the SBEC may adopt a fee for the approval and renewal of approval of an EPP, for the addition of a certificate or field of certification, and to provide for the administrative cost of appropriately ensuring the accountability of EPPs; TEC, §21.043(b) and (c), which require SBEC to provide EPPs with data, as determined in coordination with stakeholders, based on information reported through the Public Education Information Management System (PEIMS) that enables an EPP to assess the impact of the program and revise the program as needed to improve; TEC, §21.0441(c) and (d), which require the SBEC to adopt rules setting certain admission requirements for EPPs; TEC, §21.0443, which states that the SBEC shall propose rules to establish standards to govern the approval or renewal of approval of EPPs and certification fields authorized to be offered by an EPP. To be eligible for approval or renewal of approval, an EPP must adequately prepare candidates for educator certification and meet the standards and requirements of the SBEC. The SBEC shall require that each EPP be reviewed for renewal of approval at least every five years. The SBEC shall adopt an evaluation process to be used in reviewing an EPP for renewal of approval; TEC, §21.045, which states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all EPPs; TEC, §21.0451, which states that the SBEC shall propose rules for the sanction of EPPs that do not meet accountability standards and shall annually review the accreditation status of each EPP. The costs of technical assistance required under TEC, §21.0451(a)(2)(A), or the costs associated with the appointment of a monitor under TEC, §21.0451(a)(2)(C), shall be paid by the sponsor of the EPP; and TEC, §21.0452, which states that to assist persons interested in obtaining teaching certification in selecting an EPP and assist school districts in making staffing decisions, the SBEC shall make certain specified information regarding EPPs in this state available to the public through the SBEC's Internet website.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§21.041(a), (b)(1), and (d); 21.043(b) and (c); 21.0441(c) and (d); 21.0443; 21.045; 21.0451; and 21.0452.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406108
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: January 7, 2025
Proposal publication date: August 9, 2024
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §21.041(a), which allows the State Board for Educator Certification (SBEC) to adopt rules as necessary for its own 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 the TEC, Chapter 21, Subchapter B; TEC, §21.041(d), which states that the SBEC may adopt a fee for the approval and renewal of approval of an EPP, for the addition of a certificate or field of certification, and to provide for the administrative cost of appropriately ensuring the accountability of EPPs; TEC, §21.043(b) and (c), which require SBEC to provide EPPs with data, as determined in coordination with stakeholders, based on information reported through the Public Education Information Management System (PEIMS) that enables an EPP to assess the impact of the program and revise the program as needed to improve; TEC, §21.0441(c) and (d), which require the SBEC to adopt rules setting certain admission requirements for EPPs; TEC, §21.0443, which states that the SBEC shall propose rules to establish standards to govern the approval or renewal of approval of EPPs and certification fields authorized to be offered by an EPP. To be eligible for approval or renewal of approval, an EPP must adequately prepare candidates for educator certification and meet the standards and requirements of the SBEC. The SBEC shall require that each EPP be reviewed for renewal of approval at least every five years. The SBEC shall adopt an evaluation process to be used in reviewing an EPP for renewal of approval; TEC, §21.045, which states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all EPPs; TEC, §21.0451, which states that the SBEC shall propose rules for the sanction of EPPs that do not meet accountability standards and shall annually review the accreditation status of each EPP. The costs of technical assistance required under TEC, §21.0451(a)(2)(A), or the costs associated with the appointment of a monitor under TEC, §21.0451(a)(2)(C), shall be paid by the sponsor of the EPP; and TEC, §21.0452, which states that to assist persons interested in obtaining teaching certification in selecting an EPP and assist school districts in making staffing decisions, the SBEC shall make certain specified information regarding EPPs in this state available to the public through the SBEC's Internet website.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§21.041(a), (b)(1), and (d); 21.043(b) and (c); 21.0441(c) and (d); 21.0443; 21.045; 21.0451; and 21.0452.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406110
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: January 7, 2025
Proposal publication date: August 9, 2024
For further information, please call: (512) 475-1497
SUBCHAPTER B. GENERAL CERTIFICATION REQUIREMENTS
The State Board for Educator Certification (SBEC) adopts an amendment to 19 Texas Administrative Code (TAC) §230.11, concerning professional educator preparation and certification. The amendment to §230.11 is adopted without changes to the proposed text as published in the August 9, 2024 issue of the Texas Register (49 TexReg 5904) and will not be republished. The adopted amendment expands the options for demonstrating English language proficiency (ELP).
REASONED JUSTIFICATION: At the February 2024 SBEC meeting, Texas Education Agency (TEA) staff provided the Board with an overview of the history of the ELP requirement and confirmed that regardless of the pathway to certification in Texas, demonstration of ELP is required for all candidates. TEA staff also posed key questions for the Board's consideration regarding current requirements in rule and possible updates for the demonstration of ELP. TEA staff anchored the conversation with the Board around required performance on the Test of English as a Foreign Language internet-Based Test (TOEFL-iBT), the list of countries approved by the SBEC to satisfy demonstration of ELP, the addition of U.S. territories to exempt individuals from the ELP requirement, and the potential use of standard certification obtained in another state by individuals licensed to teach in other countries.
At the April 2024 SBEC meeting, TEA staff provided a follow-up discussion item, including recommendations for amendments to 19 TAC Chapter 230 to be presented for consideration and action by the Board at the July SBEC meeting. The Board provided final direction on how to move forward with the proposal.
The following is a description of the adopted amendment.
Adopted Amendment to Required Performance on the TOEFL-iBT
The adopted amendment to §230.11(b)(5)(B) updates TOEFL-iBT score requirements from a specific score for each of the four sections (24 for Speaking, 22 for Listening, 22 for Reading, and 21 for Writing) to any score that falls within the range identified for performance at the High-Intermediate Level for all four sections of the test.
Adopted Amendment Related to U.S. Territories and the ELP Requirement
Adopted new §230.11(b)(5)(A) adds the phrase, "or one of its territories," to allow degrees obtained in the U.S. territories to also count toward meeting the ELP requirement.
Adopted Amendment to Add Countries to the List Approved by the SBEC for Exemption from the ELP Requirement
The adopted amendment to Figure: 19 TAC §230.11(b)(5)(C) adds Cameroon, Kenya, Philippines, South Africa, Uganda, Zambia, and Zimbabwe to the list of countries approved for exemption from the ELP requirement and strikes American Samoa to align with adopted changes that incorporate all U.S. territories in meeting the requirement.
Adopted Amendment to Include an Additional Option to Meet the ELP Requirement
Adopted new §230.11(b)(5)(D) allows an individual applying for the out-of-country credentials review who also holds a standard certificate issued in another state where exams were taken and passed to be eligible for consideration of exemption from ELP requirements.
SUMMARY OF COMMENTS: The public comment period on the proposal began August 9, 2024, and ended September 9, 2024. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the September 20, 2024 meeting's public comment period in accordance with the SBEC board operating policies and procedures. No public comments were received on the proposal.
The State Board of Education (SBOE) took no action on the review of the amendment to §230.11 at the November 22, 2024 SBOE meeting.
STATUTORY AUTHORITY. The amendment is adopted 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), (2), and (4), which require 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, 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; and TEC, §21.041(b)(5), which requires the SBEC to propose rules that 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 TEC, §21.052.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§21.003(a), 21.031, and 21.041(b)(1), (2), (4), and (5).
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on December 18, 2024.
TRD-202406104
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: January 7, 2025
Proposal publication date: August 9, 2024
For further information, please call: (512) 475-1497