PART 2. TEXAS EDUCATION AGENCY
CHAPTER 104. ACCELERATED INSTRUCTION
The Texas Education Agency (TEA) adopts an amendment to §104.1001, concerning the accelerated instruction, modified teacher assignment, and accelerated learning committee. The amendment is adopted with changes to the proposed text as published in the February 16, 2024 issue of the Texas Register (49 TexReg 835) and will be republished. The adopted amendment implements House Bill (HB) 1416, 88th Texas Legislature, Regular Session, 2023, by providing approval criteria for instruction through products that use automated, computerized, or other augmented method; establishing school district or open-enrollment charter school waivers of accelerated instruction requirements; and clarifying supplemental instruction requirements for students repeating an entire course.
REASONED JUSTIFICATION: Section 104.1001 establishes the provision of accelerated instruction and related supports for students who have failed to perform satisfactorily on assessments required under Texas Education Code (TEC), §39.023. HB 1416, 88th Texas Legislature, Regular Session, 2023, changed the requirements for accelerated instruction by differentiating the required hours based on student performance, implementing the accelerated education plan, providing performance-based accelerated instruction waivers for qualifying school districts and open enrollment charter schools, and removing the ratio requirement for school districts and open enrollment charter schools using products that use automated, computerized, or other augmented method for providing supplemental instruction. The adopted amendment to §104.1001 implements HB 1416 as follows.
The term "supplemental accelerated instruction" has been changed throughout the rule. Where applicable, some uses of the term "accelerated instruction" as proposed were modified to "supplemental instruction" at adoption.
The requirements for accelerated instruction are modified in subsection (b)(1).
New subsection (b)(3) is added to clarify that school districts and open-enrollment charter schools cannot excuse students from receiving the required accelerated instruction because of the provisions of subsection (b)(2).
Subsection (c) is amended to modify the provisions related to required transportation for students attending accelerated instruction programs outside school hours.
New subsection (d)(1) and (2) is added to specify the hours of instruction that must be provided based on a student's performance on an assessment instrument specified under TEC, §28.0211(a-1).
New subsection (e) is added to outline provisions related to accelerated education plans and notification of the plans to a student's parent or guardian.
Requirements for accelerated learning committees, including specific provisions for admission, review, and dismissal (ARD) committees serving as accelerated learning committees, are removed.
Based on public comment, proposed new subsection (g), related to waivers of accelerated instruction requirements, was removed to provide clarity.
New subsection (g), proposed as subsection (h), is added to allow for the provision of accelerated instruction by automated, computerized, or other augmented method. The new subsection describes this type of instruction; describes approval by TEA; lists school district and charter school responsibilities; and states that vendors seeking provider approval must follow the process established by TEA. At adoption, subsection (g) was modified to provide for the Ratio Waiver List. References to the acronym ACAM were replaced by references to products on the Ratio Waiver List. In addition, language was added to specify that products on the Ratio Waiver List do not require live, in-person or online educators to deliver primary mode of instruction.
New subsection (h) is added to clarify that accelerated instruction waivers focus only on mathematics and reading. The new subsection describes the conditions that will enable schools to qualify for the accelerated instruction waiver and explains how school districts and charter schools will be notified if they are included on the waiver list and how they can apply for a waiver using the Accelerated Instruction Waiver under TEA Login (TEAL). At adoption, a reference was added to TEC, §28.0211(q), which allows the commissioner to waive requirements of accelerated instruction for a school district or an open-enrollment charter school under certain circumstances.
New subsection (i) is added to clarify that repeating a high school course in its entirety is the equivalent to grade retention, which would remove accelerated instruction requirements for students repeating an entire course at the high school level. At adoption, the definition of credit recovery was modified to specify that, for purposes of §104.1001, credit recovery means completing assignments in the case of failure or completing seat hours in the case of excessive absences.
SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began February 16, 2024, and ended March 18, 2024. Following is a summary of public comments received and agency responses.
Comment: Amplify and Texas 2036, on behalf of Commit, Greater Houston Partnership, Texas Business Leadership Council, Texas Association of Business, DFER Texas, The Education Trust in Texas, Dallas Afterschool, Good Reason Houston, Longview Chamber of Commerce, E3 Alliance, and Teach for America Texas, commented in support of the changes implemented by HB 1416, 88th Texas Legislature, Regular Session, 2023.
Response: This comment is outside the scope of the proposed rulemaking.
Comment: The Texas Classroom Teachers Association (TCTA) supported separating the terms "supplemental" and "accelerated" instruction.
Response: The agency agrees that the separation of these terms clarifies that accelerated instruction helps students make grade-level progress and that supplemental instruction is one of two ways a school district or charter school can help accelerate students.
Comment: TCTA proposed that the phrase "and, if applicable, (a-4)" be removed from section (a).
Response: The agency disagrees. Supplemental instruction, as described by TEC, §28.0211(a-4), is included in accelerated instruction per TEC, §28.0211(a-1)(2).
Comment: TCTA proposed replacing accelerated instruction with supplemental instruction in subsection (d).
Response: The agency agrees and has amended the language in subsection (d) at adoption to reflect that the requirements in that subsection apply to supplemental instruction.
Comment: TCTA requested revising subsection (d) to clarify that supplemental instruction is one of two options for accelerating students.
Response: The agency agrees. The agency has amended language in subsection (d) at adoption to reflect that supplemental instruction is one of two options that will fulfill accelerated instruction requirements.
Comment: Texas Council of Administrators of Special Education (TCASE) stated that the proposed rule does not mention provisions for off-campus instructional placements nor requirements related to ARD meetings.
Response: The agency provides the following clarification. As mentioned in TEC, §28.0211(i), accelerated instruction participation and progress can be reviewed at the next annual review meeting for a student receiving special education services. As mentioned in TEC, §28.0211(i-1), the school district may choose to provide accelerated instruction to a student who is in a homebound or other off-campus instructional setting when the student returns to an on-campus instructional setting.
Comment: TPCSA requested that school districts and charter schools be allowed to select a product that uses an automated, computerized, or other augmented method for providing supplemental instruction in lieu of group instruction as long as they can demonstrate that the product results in improved student outcomes based on TEC, §28.0211(a-12).
Response: The agency disagrees. Statute states that a school district may use a service provider that is not on a list of service providers approved by TEA as long as the service provider provides face-to-face or virtual tutoring and abides by the four-to-one ratio requirement when providing supplemental instruction. Statute also provides for TEA to approve products that use an automated, computerized, or other augmented method for providing supplemental instruction that may be used in lieu of individual or group instruction if evidence indicates that the product is more effective than individual or group instruction and that the products on the approved list will be the only products that will waive ratio requirements for providing supplemental instruction.
Comment: Texas Public Charter Schools Association and Texas 2036, on behalf of Commit, Greater Houston Partnership, Texas Business Leadership Council, Texas Association of Business, DFER Texas, The Education Trust in Texas, Dallas Afterschool, Good Reason Houston, Longview Chamber of Commerce, E3 Alliance, and Teach for America Texas, proposed clarifying the language related to the waivers for accelerated instruction by removing proposed subsection (g).
Response: The agency agrees. At adoption, subsection (g) has been removed and the language in subsection (i) has been modified.
Comment: A school district employee commented that credit recovery is more than seat hours for students who have previously failed a course and proposed removing the final statement in proposed subsection (j)(2).
Response: The agency disagrees. Credit recovery does not meet the statutory requirements for supplemental instruction since credit recovery allows a student to earn credit for a course he/she previously failed without having to retake the course in its entirety. However, the agency agrees there is a difference between credit recovery requirements after failing a course and credit recovery requirements after excessive absences, and subsection (j)(1) has been modified at adoption to reflect that the credit recovery definition in subsection (j)(1) is limited to the rule.
Comment: Amira applauded the fidelity-usage requirements for products that use an automated, computerized, or other augmented method for providing supplemental instruction.
Response: The agency agrees that student outcomes improve significantly when students use a product with fidelity.
Comment: Amira and Texas 2036, on behalf of Commit, Greater Houston Partnership, Texas Business Leadership Council, Texas Association of Business, DFER Texas, The Education Trust in Texas, Dallas Afterschool, Good Reason Houston, Longview Chamber of Commerce, E3 Alliance, and Teach for America Texas, requested that the rule define what qualifies as an automated, computerized, or other augmented method.
Response: The agency disagrees as statute does not require that this information be included in rule. However, the agency provides the following clarification. Subsection (g) has been modified at adoption to describe products that use an automated, computerized, or other augmented method for providing supplemental instruction as products that do not require live in-person or online educators to deliver primary mode of instruction.
Comment: Amplify, Amira, and Texas 2036, on behalf of Commit, Greater Houston Partnership, Texas Business Leadership Council, Texas Association of Business, DFER Texas, The Education Trust in Texas, Dallas Afterschool, Good Reason Houston, Longview Chamber of Commerce, E3 Alliance, and Teach for America Texas, requested that the rule define the approval criteria for products that use an automated, computerized, or other augmented method for providing supplemental instruction.
Response: The agency disagrees as statute does not require that this information be included in rule. However, the agency provides the following clarification. Products listed on the Ratio Waiver List described in subsection (g) must provide evidence indicating that the product is more effective than individual or group instruction. This evidence must reflect that high fidelity usage of the product yields higher student outcomes than students who did not use the product. This criterion will be provided in all communications and guidance regarding products waiving the four-to-one ratio requirement.
Comment: Texas 2036 and Texas 2036, on behalf of Commit, Greater Houston Partnership, Texas Business Leadership Council, Texas Association of Business, DFER Texas, The Education Trust in Texas, Dallas Afterschool, Good Reason Houston, Longview Chamber of Commerce, E3 Alliance, and Teach for America Texas, proposed that the agency create accelerated instruction waiver criteria that monitors discrepancies and ensures that qualifying students receive much needed support.
Response: The agency disagrees. The one-year accelerated instruction waiver requirements ensure that all students receive the support needed to be academically successful. Because school districts and charter schools must meet these requirements yearly, schools must ensure they continue to support all students even when the accelerated instruction waiver is in place.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §28.0211, as amended by House Bill 1416, 88th Texas Legislature, Regular Session, 2023, which requires that students are provided accelerated instruction each time a student fails to perform satisfactorily on an assessment instrument administered under TEC, §39.023(a), in Grades 3-8 or fails to perform satisfactorily on an end-of-course assessment instrument administered under TEC, §39.023(c).
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §28.0211, as amended by HB 1416, 88th Texas Legislature, Regular Session, 2023.
§104.1001.Accelerated Instruction and Modified Teacher Assignment.
(a) Definition of accelerated instruction. For purposes of this chapter, " accelerated instruction" means instruction required under Texas Education Code (TEC), §28.0211(a-1) and, if applicable, (a-4).
(b) Requirements for accelerated instruction.
(1) Each time a student fails to perform satisfactorily on an assessment instrument administered under TEC, §39.023(a), in Grades 3-8, or on an end-of-course assessment instrument administered under TEC, §39.023(c), other than an assessment instrument developed or adopted based on alternative academic achievement standards, the school district or open-enrollment charter school the student attends shall provide to the student accelerated instruction in the applicable subject area during the subsequent summer or school year and, subject to TEC, §28.0211(a-7) and (a-8), either:
(A) allow the student to be assigned a classroom teacher who is certified as a master, exemplary, or recognized teacher under TEC, §21.3521, for the subsequent school year in the applicable subject area; or
(B) provide the student supplemental instruction under TEC, §28.0211(a-4).
(2) The superintendent of each school district and chief administrative officer of each open-enrollment charter school shall establish procedures to ensure that each eligible student who is absent or does not receive a test score for any test administration shall receive appropriate accelerated instruction as warranted on an individual student basis.
(3) Paragraph (2) of this subsection may not be used to excuse a student from appropriate accelerated instruction required by this subsection.
(c) Participation in accelerated instruction. Accelerated instruction may require a student to participate before or after normal school hours and may include participation at times of the year outside normal school operations. Each school district and open-enrollment charter school shall be responsible for providing transportation to students required to attend accelerated instruction programs if the programs occur outside of regular school hours, unless the school district or charter school does not operate, contract, or agree with another entity to operate a transportation system.
(1) In providing accelerated instruction, a school district or an open-enrollment charter school may not remove a student from recess or from the foundation or enrichment curriculum as defined in TEC, §28.002, except under circumstances for which a student enrolled in the same grade level who is not receiving accelerated instruction would be removed. The foundation curriculum includes English language arts, mathematics, science, and social studies. Courses in the enrichment curriculum include languages other than English; health, with emphasis on physical health, proper nutrition, and exercise; mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision making; suicide prevention; physical education; fine arts; career and technical education; technology applications; religious literature; and personal financial literacy.
(2) In the event that a school week is three or less instructional days, the school is exempt from meeting the requirement of meeting once per week for accelerated instruction.
(d) Content and delivery of supplemental instruction. Supplemental instruction shall be based on, but not limited to, targeted instruction in the essential knowledge and skills for the applicable grade levels and subject areas and be provided by a person with training in the applicable instructional materials for the supplemental instruction and under the oversight of the school district or open-enrollment charter school. Supplemental instruction shall be provided as outlined in TEC, §28.0211(a-4)(1) and (2), to a student individually or in a group of no more than four students, unless the parent or guardian of each student in the group authorizes a larger group. School districts and charter schools choosing to provide supplemental instruction to a student under subsection (b)(1)(B) of this section shall provide students who fail to perform satisfactorily on an assessment instrument specified under TEC, §28.0211(a-1):
(1) no less than 15 hours of supplemental instruction; or
(2) no less than 30 hours of supplemental instruction for students who scored Low Did Not Meet Grade Level as indicated by state-provided district-level data files or failed to perform satisfactorily on any Grade 3 assessment.
(e) Accelerated education plans. For each student who does not perform satisfactorily on an assessment instrument specified under TEC, §28.0211(a-1), for two or more consecutive school years in the same subject area, the school district or open-enrollment charter school the student attends shall develop an accelerated education plan as described by TEC, §28.0211(f), and provide the student at least 30 hours of supplemental instruction. A school district or charter school shall make a good faith attempt to provide to the parent or guardian of a student to whom TEC, §28.0211(b), applies a parent-teacher conference with the student's primary teacher at the start and end of the subsequent school year. At the conference, the school district or charter school shall provide the student's parent or guardian with:
(1) the notice required under TEC, §28.0211(a-14); and
(2) an explanation of:
(A) the accelerated instruction to which the student is entitled under this section; and
(B) the accelerated education plan that must be developed for the student under TEC, §28.0211(f), and the manner in which the parent or guardian may participate in developing the plan.
(f) Request for teacher assignment. In accordance with TEC, §28.0211(a-5), the parent or guardian of a student who fails to perform satisfactorily on an assessment instrument specified under TEC, §28.0211(a-1), may follow established school district or open-enrollment charter school processes to request that the student be assigned to a particular classroom teacher in the applicable subject area for the subsequent school year if more than one classroom teacher is available.
(g) Approval of Ratio Waiver List products using automated, computerized, or other augmented method. The Texas Education Agency (TEA) shall approve one or more products that use an automated, computerized, or other augmented method for providing accelerated instruction under TEC, §28.0211(a-1)(2), that may be used in lieu of some or all of the individual or group instruction required under TEC, §28.0211(a-4)(6), as appropriate for the applicable grade level and subject area and a student's academic deficiency. Products on the Ratio Waiver List do not require live, in-person or online educators to deliver primary mode of instruction. TEA may approve a product under this subsection only if evidence indicates that the product is more effective than the individual or group instruction required under TEC, §28.0211(a-4)(6).
(1) For the purposes of this subsection, the Ratio Waiver List consists of products that use an automated, computerized, or other augmented method for providing accelerated instruction under TEC, §28.0211(a-1)(2), that may be used in lieu of some or all of the individual or group instruction required under TEC, §28.0211(a-4)(6), as appropriate for the applicable grade level and subject area and a student's academic deficiency.
(2) School districts and open-enrollment charter schools may provide accelerated instruction using a product on the Ratio Waiver List on the TEA website with information related to accelerated instruction. The 4:1 student-to-teacher ratio requirement in subsection (d) of this section does not apply to a school district or charter school using a listed product to provide accelerated instruction to its students.
(3) School districts and open-enrollment charter schools shall:
(A) notify the parent or guardian of the use of a product on the Ratio Waiver List for providing the required accelerated instruction;
(B) ensure that the required hours of supplemental instruction are completed prior to the subsequent State of Texas Assessments of Academic Readiness (STAAR®) administration;
(C) use a product on the Ratio Waiver List remotely, regardless of primary mode of instruction (i.e., in-person, virtual, or hybrid) only if the school district ensures that time spent by the student engaged in the product is aligned with approved product usage expectations documented by the school district;
(D) adhere to the product usage fidelity requirements by product as approved by TEA to waive ratio requirements. A school district not fulfilling usage fidelity with a product will be required to revert to the 4:1 ratio for supplemental instruction as specified in subsection (d) of this section; and
(E) be responsible for contracting and funding the selected vendors included on the TEA list of approved vendors.
(4) Entities seeking Ratio Waiver List vendor approval shall follow a process required by TEA.
(h) Accelerated instruction waivers. Under TEC, §28.0211(q), the commissioner of education may waive requirements of accelerated instruction for a school district or an open-enrollment charter school as outlined in this subsection.
(1) For the purposes of this subsection:
(A) "significantly below satisfactorily" is defined as achieving a performance level of Low Did Not Meet Grade Level on a STAAR® mathematics or reading administration;
(B) "satisfactorily" is defined as achieving a performance level of Approaches or better on a STAAR® mathematics or reading administration; and
(C) "educationally disadvantaged" is defined as being identified in the Texas Student Data System Public Education Information Management System (TSDS PEIMS) as being eligible to participate in the national free or reduced-price lunch program established under 42 U.S.C. §1751 et seq.
(2) Only those subject areas for which two consecutive years of assessment instrument distribution can be positively identified (i.e., mathematics and reading) for all students based on their grade level shall be considered in the determination of this waiver.
(3) A school district or an open-enrollment charter school shall be eligible for the one-year waiver if it meets all of the following conditions when reviewing the most recent available year of STAAR® data:
(A) 60% of total students eligible to receive accelerated instruction in mathematics and 60% of total students eligible to receive accelerated instruction in reading score satisfactorily on the applicable subject area assessment instrument;
(B) 60% of students eligible to receive accelerated instruction who scored significantly below satisfactorily in the prior year score satisfactorily on the applicable subject area assessment instrument(s). This condition is only applicable if at least 10 students receiving accelerated instruction scored significantly below satisfactorily in the prior year; and
(C) at least 50% of students receiving special education services or qualifying as educationally disadvantaged who received accelerated instruction in mathematics and/or reading score satisfactorily on the subsequent applicable subject area assessment instrument(s). This condition is only applicable if at least 10 students who received accelerated instruction receive special education services or qualified as educationally disadvantaged.
(4) TEA shall generate a yearly report that identifies all school districts and open-enrollment charter schools that meet all applicable conditions and are consequently eligible for the one-year waiver.
(5) Eligible school districts and open-enrollment charter schools shall be notified via TEA communication pathways upon the publication of the annual list.
(6) Upon distribution of the annual notification, eligible school districts and open-enrollment charter schools shall have 45 days to apply for the waiver using the Accelerated Instruction Waiver under TEA Login (TEAL).
(7) The one-year waiver application shall contain the following at minimum:
(A) the school district or open-enrollment charter school's name;
(B) the signature of the school district's superintendent or the chief administrative officer of an open-enrollment charter school;
(C) documentation of the approval of the board of trustees or governing board, as applicable; and
(D) an explanation of how the school district or open-enrollment charter school will evaluate the impact of the waiver on student performance.
(i) Repeating a high school course.
(1) For the purpose of this subsection, credit recovery means completing a certain number of assignments to satisfy the course requirements after failure or a certain number of seat hours after excessive absences.
(2) For courses taken for high school credit, a student who is required to repeat any course in which the student was enrolled in during the previous school year and who is eligible for accelerated instruction for the current school year is exempt from accelerated instruction requirements for that specific course if that course is retaken in its entirety (i.e., to earn a full credit). However, a student who is participating in credit recovery is still required to receive accelerated instruction.
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 May 2, 2024.
TRD-202401963
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: May 22, 2024
Proposal publication date: February 16, 2024
For further information, please call: (512) 475-1497
SUBCHAPTER D. INDEPENDENT HEARING EXAMINERS
The State Board of Education (SBOE) adopts an amendment to §157.41, concerning certification criteria for independent hearing examiners. The amendment is adopted without changes to the proposed text as published in the March 1, 2024 issue of the Texas Register (49 TexReg 1241) and will not be republished. The adopted amendment reduces the length of time an attorney must be licensed and engaged in full-time practice to be eligible to serve as an independent hearing examiner and expands the experience requirements to include family law, criminal law, and personal injury law.
REASONED JUSTIFICATION: Chapter 157, Subchapter D, addresses criteria for the certification of hearing examiners eligible to conduct hearings.
During the rule review required under Texas Government Code, §2001.039, the SBOE requested that Texas Education Agency (TEA) staff present an amendment to §157.41 to modify the experience requirements for hearing examiners.
Subsection (d)(2) is amended to require that an independent hearing examiner must not have had his or her license reprimanded, suspended, or revoked within the last three years.
Subsection (d)(3) and (4) is amended to reduce the requirements that an independent hearing examiner must have been licensed to practice law and engaged in the practice of law on a full-time basis from five years to three years.
Subsection (e) is amended to expand the experience requirements to include family law, criminal law, and personal injury law.
These changes will allow more attorneys to qualify as hearing examiners. In some areas of the state, there are not sufficient numbers of hearing examiners.
The SBOE approved the amendment for first reading and filing authorization at its February 2, 2024 meeting and for second reading and final adoption at its April 12, 2024 meeting.
In accordance with Texas Education Code, §7.102(f), the SBOE approved the amendment for adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2024-2025 school year The earlier effective date will allow independent hearing examiners to be selected using the modified requirements as soon as possible. The effective date is 20 days after filing as adopted with the Texas Register.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began March 1, 2024, and ended at 5:00 p.m. on April 1, 2024. The SBOE also provided an opportunity for registered oral and written comments at its April 2024 meeting in accordance with the SBOE board operating policies and procedures. No public comments were received.
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code, §21.252(a), which requires the State Board of Education to establish certification criteria for independent hearing examiners.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §21.252(a).
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 May 6, 2024.
TRD-202402016
Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Effective date: May 26, 2024
Proposal publication date: March 1, 2024
For further information, please call: (512) 475-1497
CHAPTER 228. REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS
The State Board for Educator Certification (SBEC) adopts the repeal of 19 Texas Administrative Code (TAC) §§228.1, 228.2, 228.10, 228.15, 228.17, 228.20, 228.30, 228.33, 228.35, 228.40, 228.50, 228.60, and 228.70 and new §§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 repeal of §§228.1, 228.2, 228.10, 228.15, 228.17, 228.20, 228.30, 228.33, 228.35, 228.40, 228.50, 228.60, and 228.70 and new §§228.1, 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 are adopted without changes to the proposed text as published in the December 29, 2023, issue of the Texas Register (48 TexReg 8100) and will not be republished. New §228.2 is adopted with changes to the proposed text as published in the December 29, 2023, issue of the Texas Register (48 TexReg 8100) and will be republished. The adopted repeals and new sections reorganize the chapter to allow for improved readability; implement legislation; include technical updates to remove outdated provisions specific to the Residency Certificate; and reflect stakeholder feedback to further strengthen the rules.
REASONED JUSTIFICATION: The SBEC rules in 19 TAC Chapter 228, Requirements for Educator Preparation Programs, establish the requirements for educator preparation programs (EPPs) in the preparation of candidates for Texas educator certification.
The adopted 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. Creating subchapters and sections enable the SBEC to update, modify, or remove requirements as SBEC priorities change and to implement legislation effectively and efficiently. (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. A residency preparation route is an option for EPPs and is NOT a requirement. To both recognize and hold EPPs accountable, adding this into rule is a priority of the SBEC. (3) Codify foundational components of the SBEC's Educator Preparation Framework (EPF), which contain additional research-based best practices prioritized by the field.
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 adopted new rules reflect additional edits informed by stakeholder input.
The following is a description of adopted new 19 TAC Chapter 228.
Subchapter A. General Guidance
§228.1, General Provisions
Adopted new §228.1 provides an overview of the purpose and goals of educator preparation in Texas.
§228.2, Definitions.
Adopted new §228.2 includes definitions from the adopted 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, performance task, representations, and residency,, and revised definitions for campus supervisor, classroom teacher, clinical teaching, educator preparation program, cooperating teacher, field-based experiences, enhanced standard certificate, late hire, and standard certificate.
The adopted new definition of assignment start date sets 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 adopted new definition of clinical experience provides a common term in which to categorize the supervised clinical requirement for each certificate class, including clinical teaching, internship, practicum, and residency.
The adopted new definition of authentic school setting establishes 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 adopted new definition of completer matches the definition in 19 TAC §229.2(10), Definitions, to create consistency between chapters of SBEC rules.
The adopted new definitions of cooperating teacher, mentor and site supervisorwere streamlined to remove the qualifications and duties of these positions that appear in the adopted repeal of 19 TAC Chapter 228. The qualifications and duties are adopted 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 adopted new sections 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 adopted new definition of entity was updated with a more specific list of the types of entities that act as EPPs.
The adopted new definition of educator preparation program defines the role of an entity approved by the SBEC.
The adopted new definition of field-based experiences was updated to include the adopted new defined term authentic school setting and adds that field-based experiences include both observation and interaction and are an element of coursework.
The adopted new definition of field supervisor was modified to improve readability and clarity.
The adopted new definition of school day specifies 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 adopted new definition of late hire specifies 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 adopted for the following five terms from the EPF: analysis, co-teaching, enactments, performance task, and representations. The additions 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 provide a common language in the effective preparation of candidates for certification.
The adopted new definitions of school day and school year provide flexibility by aligning them with the school calendars of the campuses on which the candidates are completing the clinical experiences.
The adopted new definitions of enhanced standard certificate and standard certificate mirror definitions adopted in new §230.1, Definitions, and align with the inclusion of intern certificate and probationary certificate.
To implement the Residency preparation route, the adopted new language in §228.2, Definitions, amends the definition of campus supervisor to include residency candidates along with intern candidates, and adds definitions of host teacher, residency, and co-teaching, to standardize the meaning of those terms.
§228.4, Declared State of Disaster
Adopted new §228.4 provides continuity of EPP processes during a declared state of disaster.
§228.6, Implementation Date
Adopted new §228.6 confirms 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
Adopted new §228.11 identifies the requirements that must be met by an entity seeking approval from the SBEC as an EPP. The adopted new rule authorizes 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.
Adopted new §228.11(a) requires that entities seeking to become an EPP take part in a workshop conducted by TEA staff to familiarize the entity with the SBEC rules.
Adopted new §228.11(a)(2) creates a limitation that an entity seeking initial approval cannot apply to offer more than five certificate categories within one certificate class. This limitation allows an entity to focus on high-quality preparation and provides TEA staff time to review application materials more efficiently.
Adopted new §228.11(a)(3) requires 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.
Adopted new §228.11(d) establishes the timing of the post-approval site visit to occur after the first year in which the new EPP reports that it has completers.
Adopted new §228.11(f) requires 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.
Adopted new §228.13 establishes the timeframe for EPP reviews.
Adopted new §228.13(b) establishes 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.
Adopted new §228.13(c) establishes the components of the risk assessment with regard to alignment with requirements in TEC, §21.0454.
Adopted new §228.13(d) requires a continuing approval review when an EPP consolidates with another EPP. This allows TEA staff to identify whether the surviving EPP is adequately supporting the candidates and certificate categories that it received.
Adopted new §228.13(e) requires an EPP undergoing a continuing approval review to pay the required fees prior to the start of the review. This prevents EPPs from attempting to evade or indefinitely delay payment.
Adopted new Figure: 19 TAC §228.13(f) sets out the required evidence of compliance that EPPs must create, maintain, and present during the continuing approval review.
Adopted new §228.13(f) incorporates 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 additions to adopted new §228.13(f) 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.
Adopted new §228.13(g) allows 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.
Adopted new §228.15(b) sets out the requirements for an EPP seeking approval from the SBEC to offer the residency route to certification. It requires 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 requires a post-approval site visit demonstrating compliance with rules once the EPP produces residency completers. Adopted new §228.15(b)(1) adopts in rule a figure that describes evidence sources to evaluate and approve residency applications. EPPs will be scored for approval on a rubric developed and published by TEA staff.
Adopted new §228.15(c) requires EPPs to apply for new certification classes or categories, references the applications that EPPs must complete when seeking to offer a new certificate class or category, and adds language about the parameters that must be used by TEA staff to develop the applications. The adopted new language in §228.15(c)(4) requires 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
Adopted new §228.17 establishes the process through which an EPP can amend its program.
§228.19, Contingency of Approval
Adopted new §228.19 specifies 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 was updated to more accurately reflect that the adopted new rules focus on both the administration and governance of EPPs.
§228.21, Program Consolidation or Closure
Adopted new §228.21 states 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.
Adopted new §228.21(a)(1) replaces August 31 as the effective date for EPP closure with a more flexible requirement that specifies an effective date of at least 90 days and no more than 270 days after the date of notification of closure or consolidation. This allows programs to choose a closure date that gives them enough time to fulfill the obligations to candidates.
Adopted new §228.21(a)(2) requires 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 adopted new rule text in §228.21(a)(3) expands 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 adopted new requirement ensures that candidates who may still need support or paperwork from the closing EPP are able to learn what options are available.
Adopted new §228.21(a)(5) requires 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 allows candidates in a closing EPP an easier transition to another EPP and certification.
§228.23, Change of Ownership and Name Change
Adopted new §228.23(d) sets 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.
Adopted new §228.23(e) requires 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
Adopted new §228.25 establishes 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.
Adopted new §228.25(b) includes 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 adopted new §228.25(a).
Adopted new §228.25(d) sets 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
Adopted new §228.31 establishes general guidelines around expectations of services and supports that EPPs shall provide to all candidates.
Adopted new §228.31(a) specifies by when late hires need to complete admission, coursework, training, and field-based experience requirements.
Adopted new §228.31(b) requires EPPs to identify a dismissal point in their exit policy at which inactive candidates are removed from the EPP and allows a university-based EPP to adopt the university policy for inactive students that must reapply for admission.
Adopted new §228.31(c) requires 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.
Adopted new §228.31(d) requires 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.
Adopted new §228.31(e) requires 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.
Adopted new §228.31(f) limits 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 prevents programs from admitting a candidate in one certificate category and switching them to another category for which the candidate is unqualified or unprepared.
Adopted new §228.31(h) requires 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
Adopted new §228.33 establishes coursework and training requirements that EPPs must provide to ensure candidate preparedness for certification and readiness for assignments.
Adopted new §228.33(a) specifies that educator effectiveness must be measured in the candidate's assignment.
Adopted new §228.33(b) creates specific requirements for the coursework and training EPPs provide candidates, including performance-based activities, evaluative tools, and required demonstration of proficiency by candidates.
Adopted new §228.33(c) clarifies 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
Adopted new §228.35 specifies 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.
Adopted new §228.35(c) provides 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 also indicates that programs may require additional coursework for test approval.
§228.37, Coursework and Training for Classroom Teacher Candidate
Adopted new §228.37 establishes 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
Adopted new §228.39(a) establishes the requirements that an EPP must provide prior to issuing an intern certificate under the intensive pre-service.
Adopted new §228.39(b) establishes the requirements for a candidate coach under intensive pre-service.
Adopted new §228.39(c) establishes the requirements that a candidate must complete to be eligible for an intern certificate under pre-intensive service.
Adopted new §228.39(d) provides 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
Adopted new §228.41(a) was revised in response to stakeholder feedback, increasing the hours required for field-based experiences from 30 to 50.
Adopted new §228.41(b)(11) requires coursework on instructional planning techniques and inclusive practices for students with disabilities to implement House Bill (HB) 159, 87th Texas Legislature, Regular Session, 2021.
Adopted new §228.41(b)(12) requires coursework on the use of open education resource instructional materials approved by the State Board of Education (SBOE) to implement HB 1605, 88th Texas Legislature, Regular Session, 2023.
A reference to "performance tasks" reflects the incorporation of the 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
Adopted new §228.43 establishes 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.
Adopted new §228.43(c)(2) provides 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
Adopted new §228.45 requires 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
Adopted new §228.47 sets the requirements for EPPs of candidates in bilingual special education and implements 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
Adopted new §228.49 provides 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
Adopted new §228.51 provides 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
Adopted new §228.53 establishes coursework and training requirements for certification areas other than classroom teacher and ensures consistency in candidates' preparation that is directly aligned with the educator standards.
§228.55, Late Hire Candidates
Adopted new §228.55 establishes flexibilities and responsibilities related to beginning employment later than originally anticipated for candidates, local employment agencies, and EPPs.
Adopted new §228.55(c) requires 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 incentivizes 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
Adopted new §228.57 requires 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.
Adopted new §228.57(c) expands on the varied and rich types of instructional opportunities that EPPs shall support candidates in experiencing. This aligns with information in the EPF and reinforces the expectation that candidates are practicing, and receiving feedback on that practice, throughout the program and reinforces the connected relationship between coursework, practice, and coaching.
Adopted new §228.57(c)(8)(c) requires 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.
Adopted new §228.57(10) requires 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 prohibits 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
Adopted new §228.61 provides an overview of the clinical experience required for candidates prior to standard certification.
Adopted new §228.61(a) establishes clinical experience options for candidates seeking teacher certification (clinical teaching, internship, or residency) and includes an alternative residency certification route.
Adopted new §228.61(b) requires that teacher candidates participating in an internship experience a full range of professional responsibilities, including the start of the school year, and provides flexibility to utilize field-based experiences, as needed, to meet this requirement.
Adopted new §228.61(c) identifies the practicum requirement for candidates pursuing certification in non-teacher certificate classes and sets the minimum number of clock hours required for completion of a practicum.
§228.63, Locations for Required Clinical Experiences
Adopted new §228.63 establishes the limitations on the location in which a candidate can have an internship, a clinical teaching, or a practicum experience.
Adopted 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 adopted new §228.63(c)(2) was updated to add site supervisor and identifies that the candidate completing a practicum cannot be related to the site supervisor.
Adopted new §228.63 establishes "residency" as a clinical experience across subsections (a)-(g).
§228.65, Residency
Adopted new §228.65 requires that the residency clinical experience include programmatic requirements to issue an enhanced standard certificate and requires 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 also requires 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 adopted new §228.61(a)). Candidates must complete a minimum of 700 hours in the event of life events such as bereavement, illness, or FMLA.
Adopted new §228.65(b) requires 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 requires that a candidate is co-teaching as lead instructor for at least 400 hours of the residency program.
Adopted new §228.65(c) establishes 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 requires field supervisors to be responsible for assessing and evaluating candidate progression through the program.
Adopted new §228.65(d) specifies the circumstances under which an EPP no longer needs to provide ongoing support to a candidate.
Adopted new §228.65(c) requires the EPP, the district personnel, and the candidate to inform one another of the candidate's departure for any of the reasons stated in adopted new §228.65(d).
Adopted new §228.65(f) establishes 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 adopted new §228.65(a)-(c). Additionally, it defines 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.
Adopted new §228.65(g) defines 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
Adopted new §228.67 includes language that reflects stakeholder feedback and clarifies the duration of clinical teaching in a uniform requirement of 490 hours (the equivalent of 70 days).
In adopted new §228.67(b), the abbreviated clinical teaching allowed for maternity leave was expanded to parental leave in the interest of shared parental responsibility.
Adopted new §228.67(c) provides guidance for candidates seeking certification in more than one subject area to complete clinical teaching and confirms EPP and LEA training responsibilities and supports to ensure candidate success.
Adopted new §228.67(d) requires 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 directly aligns with the requirement for the residency certification pathway that explicitly includes co-teaching and a gradual release of responsibility.
Adopted new §228.67(g) specifies that only the certification of the candidate or the discharge, release, or withdrawal of the candidate from the EPP relieves the EPP of the duty to support the candidate during clinical teaching.
§228.69, Clinical Teaching WhileEmployed as Educational Aide
Adopted new §228.69 aligns with the requirements for clinical teaching.
In adopted new §228.69(c), the clinical teaching requirement previously allowed for maternity leave was expanded to parental leave in recognition of shared parental responsibility.
§228.71, Exceptions to Clinical Teaching Requirement
Adopted new §228.71 establishes the process EPPs utilize if they are unable to support candidates through the clinical teaching process specified in adopted new §228.67, Clinical Teaching.
Adopted new §228.71(b) requires 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.
Adopted new §228.71(c)(3) requires TEA staff to present the EPP's report to the SBEC to determine whether the exception should be renewed and requires EPPs approved for an exception before September 1, 2022, to submit a report to the TEA by September 1, 2024. This gives the SBEC an opportunity to decide whether to renew exceptions annually rather than continue indefinitely.
§228.73, Internship
Adopted new §228.73(a) requires EPPs to verify that a candidate participating in an internship hold an active intern or probationary certificate.
Adopted new §228.73(g)(5) requires 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 adopted new §228.55(c), Late Hire Candidates.
In adopted new §228.73(c), the abbreviated internship previously allowed for maternity leave was 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
Adopted new §228.75 provides 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
Adopted new §228.77 provides 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
Adopted new §228.79 includes 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
Adopted new §228.81 establishes requirements for EPPs and candidates on completing clinical experience in certificate classes other than classroom teacher.
Adopted new §228.81(f) specifies 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 adopted 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
Adopted new §228.91(a) establishes 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.
Adopted new §228.91(b) specifies 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.
Adopted new §228.91(c) requires 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.
Adopted new §228.91(d) provides provisions for cooperating teacher, mentor, host teacher, or site supervisor selection if there is not an individual that matches the criteria for qualification.
Adopted new §228.91(e) requires 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
Adopted new §228.93(a)(3) updates 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 was expanded to twelve weeks before or three weeks after the candidate assignment.
In adopted new §228.93(a)(4), "not assigned to the clinical teacher" parallels language to the similar requirement for mentor teacher qualifications.
§228.95, Host Teacher Qualifications and Responsibilities
Adopted new §228.95(a) defines 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.
Adopted new §228.95(b) establishes 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
Adopted new §228.97(a)(5) provides 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
Adopted new §228.99 sets out the qualifications and responsibilities of a site supervisor in a separate subsection for ease of reference. Section 228.99(a)(3) provides 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 allows for training to occur before the start of school if needed.
§228.101, Field Supervisor Qualifications and Responsibilities
Adopted new §228.101(a) identifies 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.
Adopted new §228.101(a)(4) requires 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 remain consistent with field supervisor qualifications for all other candidates.
Adopted new §228.101(a)(8) and (9) 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.
Adopted new §228.101(b)(1) requires 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.
Adopted new §228.101(b)(5)(A) requires 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 adopted new §228.101(b)(5)(B) requires 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.
Adopted new §228.101(b)(5)(C) establishes that all informal observations for practicums may be conducted virtually.
Adopted new §228.101(b)(6) requires 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.
Adopted new §228.101(b)(7) requires informal observations for candidates in residency assignments.
Adopted new §228.101(b)(9)-(12) requires 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 defines quality and frequency of the collaboration to ensure candidates receive consistent support.
§228.103, Formal Observations for Candidates in Residency Assignments
Adopted new §228.103(a) requires the EPP to provide the first formal observation within the first six weeks of the residency assignment.
Adopted new §228.103(b) requires 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
Adopted new §228.105 sets 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
Adopted new §228.107 sets out the observation requirements that apply specifically to clinical teaching. The observation requirements align with the duration of clinical teaching in adopted new §228.67, Clinical Teaching.
§228.109, Formal Observations for Candidates in Internship Assignments
Adopted new §228.109 sets 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
Adopted new §228.111 sets 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
Adopted new §228.113 sets 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.
Adopted new §228.113(c)(3) provides 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
Adopted new §228.115 sets 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
Adopted new §228.117 establishs the requirements for EPPs supporting candidates seeking certificates other than classroom teacher during the candidates' practicums.
Adopted new §228.117(b)(3) provides 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
Adopted new §228.121(d)(3)(B) requires the EPP to respond to requests for more information during a complaint's investigation within 10 business days.
Adopted new §228.121(d)(4)(D) requires 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
Adopted new §228.123(a) establishes 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.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began December 29, 2023, and ended January 29, 2024. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 16, 2024, meeting's public comment period in accordance with the SBEC board operating policies and procedures. The following public comments were received on the proposal.
Comment: Several commenters stated that the proposed changes in 19 TAC Chapter 228 provide flexibility to EPPs and implement the residency program, creating well-prepared teachers to enter Texas classrooms.
Response: The SBEC agrees. The addition of the residency pathway, the inclusion of additional support for teacher candidates, and the added flexibility for EPPs to implement the rules are all strengths of new 19 TAC Chapter 228.
Comment: An individual commented that field-based experience should be increased to 50 hours for programs offering a full year of student teaching and that the requirement to include the first and last day of instruction will create additional hurdles for both districts and university based EPPs.
Response: The SBEC disagrees. The repeal of and new 19 TAC Chapter 228 sets the floor for required training hours. The increase to 50 field-based experience (FBE) hours and the requirement to include FBE as part of instructional experiences is required of all teacher candidates so that all will have equitable and meaningful pre-service experiences regardless of their certification route or clinical experience model. The SBEC disagrees with removing the requirement for first and last day of instruction from the Residency requirements. Existing residency EPPs, district stakeholders, and former residents have all been clear and consistent that the value of having residents experience the first and last day of school outweighs initial planning challenges.
Comment: An individual opposed the revision to §228.101(b)(1) because it would be costly to the field supervisor and/or EPP and unnecessary. Additionally, the commenter suggested that it should not be a requirement to retrain supervisors in the Texas Teacher Evaluation and Support System (T-TESS) every three years since there is no requirement to utilize T-TESS when observing candidates. The commenter noted that their own EPP uses the National Institute for Excellence in Teaching Rubric and is already required to recertify every year. The commenter suggested that EPPs have the ability to retain a waiver to not have to retrain field supervisors every three years in T-TESS if they use their own reliable rubric of choice.
Response: The SBEC disagrees. The rule does not require retraining in T-TESS but rather to maintain an active T-TESS certification as one of the options for field supervisor training. Field supervisors also can complete TEA's Field Supervisor Training every three years if that is preferable to T-TESS. Standardizing the training for field supervisors and requiring the approved training be completed every three years maintains equity in the field and ensures that all educators acting in a field supervisory role are utilizing up-to-date methods and best practices according to the SBEC.
Comment: An individual opposed the proposed repeal of and new 19 TAC Chapter 228. The commenter stated that the residency pathway is inequitable because it provides an advantage to EPPs and candidates who can afford a residency option and to districts who can afford to pay residents. The commenter argued that many districts are at a loss as to how they can locate funds to compensate residents without funding from the legislature. The commenter also stated that some candidates may be unable to secure a residency that matches their certification being sought and that residency programs are costly to EPPs because they require additional compensation for field supervisors. The commenter expressed concern that candidates will be able to complete clinical experience in one semester and that the September 1, 2024, implementation date does not provide EPPs enough time to make adjustments to the proposed changes. The commenter also expressed concern that proposed changes are not being communicated well enough with school district stakeholders.
Response: The SBEC disagrees. Implementation of a Residency route is completely optional for EPPs and would only be implemented by EPPs who establish the structures and partnerships necessary to support the Residency pathway. EPPs who choose to offer Residency pathways would collaborate with their partnering districts to recruit and prepare candidates in the needed certificate categories. A variety of programs currently offer residency-like supports in diverse geographical and programmatic settings, and technical assistance has been made available to EPPs and partnership districts since 2022 to implement sustainably paid residency models. In addition, the current options that allow candidates to complete clinical teaching in one semester or across two semesters per individual EPP requirements will continue to be available to all candidates in new Chapter 228. In preparation for implementation of the new requirements, EPPs should begin working on quality updates ahead of the September 1, 2024, implementation date, but EPPs will not be accountable for demonstrating the updates in a 5-year continuing approval review until the 2025-2026 academic year.
Comment: An individual opposed several components of the proposed repeal of and new 19 TAC Chapter 228. The commenter stated that §228.101(b)(5) and §228.107(b) will increase field observation costs at The University of Texas at San Antonio (UTSA) from approximately $237,000 to almost $500,000, which the commenter considers an unfunded mandate because Texas university systems promised the Texas Legislature not to raise fees. The commenter stated that the required nine observations in fourteen weeks in two-assignment situations as proposed in §228.107 is excessive and will likely result in UTSA no longer placing all-grades candidates in two assignments. The commenter questioned whether the extra observations are more valuable than the multi-grade experience. The commenter suggested that §228.31 is bad for candidates and universities in a myriad of ways.
Response: The SBEC disagrees. Regarding informal observations: the requirement to conduct informal observations exists in the current Chapter 228 and, therefore, would presumably already be built into the EPP's budget. The revised Chapter 228 adds specificity to improve clarity related to the SBEC's prioritization of the critical role informal observation and coaching plays in teacher development. Furthermore, multiple EPP stakeholders have shared that they either were already conducting the minimum number of required informal observations in alignment with the previous Chapter 228 guidance, or that--because of the flexible nature of the rule--they will be able to implement informal observations in a cost neutral way. Regarding all-grade candidates in two placement assignments, additional formal observations are required in the currently adopted version of 19 TAC Chapter 228 for teacher candidates who complete clinical experiences in more than one certificate category that cannot be observed concurrently in the same class period. Finally, much of the new 19 TAC §228.31, Minimum Educator Preparation Program Obligations to All Candidates, is already existing in the current version of Chapter 228. Updates to areas, such as the EPP exit policy and requirements for candidates who request changes to their certification area after admission, provide more definition to rules that previously were not clear to EPPs or transparent for candidates and districts.
Comment: An individual commented in favor of the proposed repeal of and new 19 TAC Chapter 228. The commenter advised that one of the barriers to the implementation of a residency program for EPPs are the current regulations under 19 TAC Chapter 228, and that the proposed changes will provide EPPs the flexibility to engage in residency models and will favor a more rigorous preparation pathway. The commenter believes that the proposed repeal will lead to teacher candidates entering the profession with greater experience and confidence, helping teaching students reach their full potential.
Response: The SBEC agrees. The addition of the residency pathway, the inclusion of additional support for teacher candidates, and the added flexibility for EPPs to implement the rules are all strengths of new 19 TAC Chapter 228.
Comment: An individual opposed the proposed changes and advocated for the inclusion of all activities during a school day (including professional development, tutoring, conference periods, and extracurricular activities) be included as clinical teaching hours.
Response: The SBEC disagrees. Clinical teachers can participate in all school activities; however, only those hours that meet the subject area and grade level requirements can count for actual clinical teaching. This ensures that the candidate has authentic opportunities to learn and practice within the core instructional setting where they will be serving as a teacher of record.
Comment: Multiple commenters agreed with additional support such as non-evaluative observation and feedback for novice teachers through informal observations and coaching by their field supervisors. Multiple commenters stated that providing targeted touchpoints and supports at the beginning of the year will help teacher--candidates build a relationship with their EPP and specifically with their assigned field supervisor, so they see them as a resource meant to support their growth as a novice teacher.
Response: The SBEC agrees. The addition of specificity related to informal observations will ensure that candidates receive coaching and development rather than just formal evaluation. Concentrating field supervisor / candidate interactions at the beginning of the year will foster a strong connection between the candidate and their field supervisor.
The SBOE took no action on the review of the repeal of 19 TAC §§228.1, 228.2, 228.10, 228.15, 228.17, 228.20, 228.30, 228.33, 228.35, 228.40, 228.50, 228.60, and 228.70 and new §§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 at the April 12, 2024, SBOE meeting.
STATUTORY AUTHORITY. The repeals are 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), 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 House Bill (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 educator preparation programs (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.
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 April 29, 2024.
TRD-202401893
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: September 1, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
19 TAC §§228.1, 228.2, 228.4, 228.6
STATUTORY AUTHORITY. The new sections are 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), 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 House Bill (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 educator preparation programs (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.
§228.2.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 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.
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 April 29, 2024.
TRD-202401894
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: September 1, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
19 TAC §§228.11, 228.13, 228.15, 228.17, 228.19
STATUTORY AUTHORITY. The new sections are 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), 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 House Bill (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 educator preparation programs (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.
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 April 29, 2024.
TRD-202401895
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: September 1, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
19 TAC §§228.21, 228.23, 228.25
STATUTORY AUTHORITY. The new sections are 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), 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 House Bill (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 educator preparation programs (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.
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 April 29, 2024.
TRD-202401896
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: September 1, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The new sections are 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), 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 House Bill (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 educator preparation programs (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.
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 April 29, 2024.
TRD-202401897
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: September 1, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
19 TAC §§228.61, 228.63, 228.65, 228.67, 228.69, 228.71, 228.73, 228.75, 228.77, 228.79, 228.81
STATUTORY AUTHORITY. The new sections are 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), 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 House Bill (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 educator preparation programs (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.
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 April 29, 2024.
TRD-202401898
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: September 1, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The new sections are 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), 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 House Bill (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 educator preparation programs (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.
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 April 29, 2024.
TRD-202401899
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: September 1, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The new sections are 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), 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 House Bill (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 educator preparation programs (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.
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 April 29, 2024.
TRD-202401900
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: September 1, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
(Editor's note: In accordance with Texas Government Code, §2002.014, which permits the omission of material which is "cumbersome, expensive, or otherwise inexpedient," the figure in 19 TAC §230.21(e) is not included in the print version of the Texas Register. The figure is available in the on-line version of the May 17, 2024, issue of the Texas Register.)
The State Board for Educator Certification (SBEC) adopts 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 amendments to §§230.1, 230.31, 230.101, and 230.105 and new §230.39 are adopted without changes to the proposed text as published in the December 29, 2023 issue of the Texas Register (48 TexReg 8137) and will not be republished. The amendment to §230.21 is adopted with changes to the proposed text as published in the December 29, 2023 issue of the Texas Register (48 TexReg 8137) and will be republished. The adopted revisions 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 teacher residency preparation route specified in adopted new 19 TAC Chapter 228, Requirements for Educator Preparation Programs; and update the list of ineligible certification by examination certificates to include the new Deafblind: Early Childhood-Grade 12 certificate. The adopted revisions also include technical edits to comply with Texas Register formatting and style requirements.
REASONED 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 adopted revisions to 19 TAC Chapter 230, Subchapters A, C, D, and G. The adopted 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 Texas Education Code (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 adopted 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
Adopted Amendment to 19 TAC §230.1
The adopted amendment adds §230.1(13) to define enhanced standard certificate to implement the certificate for the residency preparation route included in the 19 TAC Chapter 228 adoption. The adopted amendment to §230.1(18) amends the definition for pilot exam. This adopted amendment allows 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 adopted amendment to §230.1(12) aligns the definition for educator preparation program (EPP) with 19 TAC Chapter 228 and Chapter 229, Accountability System for Educator Preparation Programs. Additional technical edits 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
Adopted Amendment to 19 TAC §230.21(a)(3)(A)
The adopted amendment to §230.21(a)(3)(A) provides technical edits to align with the titles of §232.17 and §232.19.
Adopted Amendment to 19 TAC §230.21(a)(5)(D)
The adopted amendment to 19 TAC §230.21(a)(5)(D)(i) decreases the number of days a candidate can request a waiver after their fourth retake from 45 to 30 calendar days. The adopted amendment strikes 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 allows candidates to become certified sooner if they are able to pass the examination on their next attempt.
Adopted Amendment to 19 TAC §230.21(e)
The adopted amendment to §230.21(e) updates the testing requirements for educator certification indicated in Figure: 19 TAC §230.21(e).
The adopted amendment to §230.21(e) specifies 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 allows for educators to be issued probationary or standard certificates in more than one certification category by passing only one pedagogy certification exam. The rule had required that for issuance of each individual certificate, educators must take and pass the aligned pedagogy exam, which meant that educators pursuing certification in two certification categories through completion of the edTPA are required to take two edTPA certification exams. This change aligns 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 adopted amendment to Figure: 19 TAC §230.21(e) updates 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 Adopted Rules section of this issue, the SBEC adopted amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, that 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 adopted amendment to Figure: 19 TAC §230.21(e) adds certification exams, which are in development for the certification fields. The adopted amendment creates 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 sets out a timeline for test development that matches the timeline for certificate issuance in the adopted amendments to 19 TAC Chapter 233 to begin no earlier than September 1, 2027.
The adopted amendment creates 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 sets out a timeline for test development that matches the timeline for the certificate issuance in the adopted amendments to 19 TAC Chapter 233 to begin no earlier than September 1, 2028.
The adopted 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 adopting 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 adopted amendment establishes 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 certificate focuses specifically on Spanish language bilingual education and requires candidates to demonstrate proficiency in the adopted 187 Bilingual Special Education Texas Examinations of Educator Standards (TExES), which will be operational beginning September 2027, and the adopted 165 Bilingual Educator Spanish Supplemental TExES, which will be operational beginning September 2026.
Similarly, the adopted amendment to the figure specifies 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 adopted amendment sets 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 adopted amendment to Figure: 19 TAC §230.21(e) adds 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 adopted amendment to Figure: 19 TAC §230.21(e) also adds 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 adopted amendment adds a first operational date of September 1, 2024, for English Language Arts and Reading 7-12 and Physical Education EC-12.
The adopted amendment to Figure: 19 TAC §230.21(e) adds 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 updates to the educator standards for the certificates in 19 TAC Chapter 239, Student Services Certificates. The timeline aligns with the test development timeline.
The adopted amendment to Figure: 19 TAC §230.21(e) also transitions to a new content pedagogy exam for Health: Early Childhood-Grade 12 on September 1, 2024. This amendment updates the exam based on current Texas Essential Knowledge and Skills and adds the last operational date of August 31, 2024, for the current Health: Early Childhood-Grade 12 exam.
Updates to Pedagogy Exam Requirements
The adopted amendment to Figure: 19 TAC §230.21(e) strikes "pilot exam" for all edTPA exams to indicate that the exams would no longer be considered pilot exams under adopted §230.1(18) and would be fully operational. The adopted changes maintain the current flexibility that provides a choice of either the Pedagogy and Professional Responsibilities (PPR) TEXES or the edTPA as a required pedagogy exam while ensuring that EPPs are held accountable for candidate performance on both exam options via the Accountability System for Educator Preparation (ASEP) by removing the "pilot" label from the edTPA.
EPP and Candidate Choice in edTPA Exams
The adopted amendment to Figure: 19 TAC §230.21(e) adds 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 adopted amendment provides 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 adopted amendment to Figure: 19 TAC §230.21(e) adds 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 provides 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 allows flexible options for strong alignment between the classroom setting and edTPA exam for certification. Additionally, the adopted edTPA exam options 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 change reduces 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 adopted amendment to Figure: 19 TAC §230.21(e) adds the option for candidates seeking CTE certificates to take the 370 Pedagogy and Professional Responsibilities for Trade and Industrial Education 6-12 TExES exam. The adopted implementation date is September 1, 2024.
The adopted amendment to Figure: 19 TAC §230.21(e) updates 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. 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 adopted amendment to Figure: 19 TAC §230.21(e) also removes 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 adopted amendment to Figure: 19 TAC §230.21(e) strikes 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 adopted amendment to Figure: 19 TAC §230.21(e) removes the section headers labeled "Certification Type (continued)" to support streamlining and readability of the figure.
Adopted Amendment to 19 TAC §230.21(f)
The adopted amendment to §230.21(f) clarifies that 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 provides 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
Adopted Amendment to 19 TAC §230.31
The adopted amendment to §230.31 adds §230.31(a)(9), which includes the enhanced standard certificate to the types of certificates issued by the SBEC. Additionally, adopted new §230.31(e) creates an implementation date of September 1, 2024, for the issuance of the enhanced standard certificate; establishes that the certificate type is only issued for the teacher class of certificates, is valid for five years, and is subject to renewal; and requires individuals to meet requirements as specified in adopted new §230.39, Enhanced Standard Certificates.
Adopted New 19 TAC §230.39
Adopted new §230.39 describes the requirements for issuance of an enhanced standard certificate upon successful completion of a teacher residency, as prescribed in the 19 TAC Chapter 228 adoption and includes the requirements for renewal of the certificate.
Subchapter G. Certificate Issuance Procedures
Adopted Amendment to 19 TAC §230.101(a)
The adopted amendment to §230.101(a) adds 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 were also made in cross references to statute, where applicable, to implement style requirements.
Adopted Amendment to 19 TAC §230.105
The adopted amendment to §230.105 adds 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 renumbers subsequent provisions to §230.105(5) and (6). This amendment emphasizes the specialized skills, knowledge, and training required to receive the Deafblind Supplemental: Early Childhood-Grade 12 certificate and aligns with statutory requirements in TEC, §21.0485. The adopted amendment to §230.105 adds 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.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began December 29, 2023, and ended January 29, 2024. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 16, 2024 meeting's public comment period in accordance with the SBEC board operating policies and procedures. The following public comments were received on the proposal.
Comment: A representative from the Texas Coalition of Educator Preparation commented in support of revisions to §230.1(18) and §230.21(e) of 19 TAC Chapter 230, Professional Educator Preparation and Certification, stating that the proposed revisions would allow for the expanded choice of exam instruments, allowing programs and candidates to choose an instrument that best met their programmatic needs. The commenter also commented in opposition to requiring a performance assessment as a certification exam, stating that performance assessments are appropriate only as formative tools to be embedded within program requirements.
Response: The SBEC agrees and disagrees. The SBEC agrees that the proposed update to the definition of pilot exam and the inclusion of a Texas-specific performance assessment would provide candidates and programs additional pedagogy exam options to meet their specific programmatic needs. The SBEC disagrees with the statement that performance assessments are appropriate only as formative tools. Performance assessments are appropriate for use as certification exams, and the SBEC is statutorily required to prescribe comprehensive examinations. The SBEC currently requires a performance assessment as a summative assessment for Principal as Instructional Leader certification.
Comment: A representative from Educate Texas commented in support of proposed new §230.39 commending the emphasis on hands-on, practice-based training and the differentiated residency preparation route and enhanced standard certificate. The commenter stated that the enhanced standard certificate would provide a clear signal to hiring districts about the additional practical preparation candidates received and their readiness to teach. The commenter stated that many Texas programs have been leading the way in implementing innovative residency models and the proposed new rule ensures more students have access to these types of opportunities.
Response: The SBEC agrees. The new Enhanced Standard certificate would distinguish candidates who successfully completed the residency preparation route and provide meaningful information to hiring districts.
Comment: An individual commented on proposed new §230.39, stating that a residency certificate should be approached with caution. The commenter stated that the success of the residency certificate would hinge on adequate funding, that the financial aspect would pose challenges for smaller rural schools, and that there would need to be standardization in terms of financial commitment from districts. The commenter stated that it would be crucial to emphasize the need for financial support from the TEA and State Board of Education (SBOE), stating that EPPs and districts would incur costs in implementing the residency model, which TEA and the SBOE should support.
Response: The SBEC disagrees. Implementation of the Residency Route associated with the Enhanced Standard certificate is completely optional for EPPs and would only be implemented by EPPs that establish the structures and partnerships necessary to support the Residency pathway leading to issuance of the certificate. EPPs that choose to offer Residency pathways would collaborate with their partnering districts to recruit and prepare candidates in the needed certificate categories. A variety of programs currently offer residency-like support in diverse geographical and programmatic settings and have done so for years without additional state funding sources. In addition, TEA has made technical assistance available to EPPs and partnership districts since 2022 to implement sustainably paid residency models.
Comment: An individual commented in opposition to the removal of the two-year classroom teaching requirement for certification as a school counselor, requesting the following proposed language be added to rule.
(a) completed a minimum 48-hour master's degree in school counseling; or (b) completed a minimum 48-hour master's degree in counseling and: (1) has been licensed or certified as a school counselor in good standing in another state for at least two years immediately prior to application; (2) completes a mentorship under a certified school counselor for an entire school year; or (3) completes a graduate non-degreed program of study in school counseling that aligns with the Texas Model for Comprehensive School Counseling Programs and is approved by the State Board for Educator Certification.
Response: The SBEC neither agrees nor disagrees. The public comment is outside the scope of the proposed rulemaking, as counselor requirements are included in 19 TAC Chapter 239, Student Services Certificates. The SBEC was directed to begin the rulemaking process in separate SBEC rulemaking to implement the change in requirements to issue the school counselor certificate no later than January 1, 2024, to comply with Senate Bill 798, 88th Texas Legislature, Regular Session, 2023.
SUBCHAPTER A. GENERAL PROVISIONS
STATUTORY AUTHORITY. The amendment is adopted 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.
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 April 29, 2024.
TRD-202401888
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 19, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendment is adopted 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 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 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, of this title (relating to Approval of Educator Preparation Programs); 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;
(C) the candidate requests the waiver of the limitation in writing on forms developed by the TEA staff; and
(D) the request for the waiver is postmarked not earlier than:
(i) 30 calendar days after an unsuccessful attempt at the fourth retake of an examination as defined in TEC, §21.048; or
(ii) 90 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. 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)
(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;
(C) reveal or cause to be revealed the contents 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;
(C) solicit or accept assistance with any response to a test item contained in the examination;
(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 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 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 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 April 29, 2024.
TRD-202401889
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 19, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendment is adopted 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.
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 April 29, 2024.
TRD-202401890
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 19, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The new section is adopted 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.
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 April 29, 2024.
TRD-202401891
Cristina De La Fuente-Valaez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 19, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendments are adopted 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.
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 April 29, 2024.
TRD-202401892
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 19, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
The State Board for Educator Certification (SBEC) adopts amendments to 19 Texas Administrative Code (TAC) §233.2 and §233.8, concerning categories of classroom teaching certificates. The amendments are adopted without changes to the proposed text as published in the December 29, 2023 issue of the Texas Register (48 TexReg 8150) and will not be republished. The adopted amendments to 19 TAC §233.2, Early Childhood; Core Subjects, adds five new core subjects-related certificates, and the adopted amendment to 19 TAC §233.8, Special Education, adds a new Bilingual Special Education Supplemental certificate.
REASONED 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 adopted amendments.
§233.2. Early Childhood; Core Subjects.
The adopted amendment in §233.2 adds the following five new certificates as 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 adopts 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 adopted amendment in §233.8 adds the Bilingual Special Education Supplemental certificate as 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 deleted former §233.8(a), Core Subjects with Science of Teaching Reading/Special Education: Early Childhood-Grade 6, because the certificate is replaced by adopted new §233.2(e), Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began December 29, 2023, and ended January 29, 2024. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 16, 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 amendments to §233.2 and §233.8 at the April 12, 2024 SBOE meeting.
STATUTORY AUTHORITY. The amendments are 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 the 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, 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).
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 April 29, 2024.
TRD-202401885
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 19, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497
SUBCHAPTER A. SCHOOL COUNSELOR CERTIFICATE
The State Board for Educator Certification (SBEC) adopts an amendment to 19 Texas Administrative Code (TAC) §239.20, concerning requirements for the issuance of the standard school counselor certificate. The amendment is adopted without changes to the proposed text as published in the December 29, 2023 issue of the Texas Register (48 TexReg 8152) and will not be republished. The adopted amendment implements the statutory requirement of Senate Bill (SB) 798, 88th Texas Legislature, Regular Session, 2023, and updates 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.
REASONED 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 adopted amendment complies with the deadline given in legislation to initiate SBEC rulemaking.
Following is a description of the adopted amendment to 19 TAC Chapter 239, Subchapter A, §239.20, that updates the school counselor certificate issuance rule and implements the provisions of SB 798.
§239.20. Requirements for the Issuance of the School Counselor Certificate.
The adopted amendment to 19 TAC §239.20(4) strikes the text in its entirety and complies 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 were made to reflect the deletion of this requirement.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began December 29, 2023, and ended January 29, 2024. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 16, 2024 meeting's public comment period in accordance with the SBEC board operating policies and procedures. The following public comments were received on the proposal.
Comment: Many individuals, including the Texas School Counselor Association, Texas Counseling Association, and current and retired school counselors, opposed the removal of the two-year classroom teaching requirement for certification as a school counselor. Among the individuals, the prevalent suggested rule change to 19 TAC §239.20, Requirements for Issuance of the Standard School Counselor Certificate, was as follows:
(a) completed a minimum 48-hour master's degree in school counseling; or (b) completed a minimum 48-hour master's degree in counseling and: (1) has been licensed or certified as a school counselor in good standing in another state for at least two years immediately prior to application; (2) completes a mentorship under a certified school counselor for an entire school year; or (3) completes a graduate non-degreed program of study in school counseling that aligns with the Texas Model for Comprehensive School Counseling Programs and is approved by the State Board for Educator Certification.
Numerous individuals stated that their time as classroom teachers was crucial to their success as school counselors and that the proposal to eliminate the two-year classroom teaching requirement for the school counseling certificate would be detrimental to the success of school counselors. The individuals presented several points in support of this opinion, including that school counselors are often in classrooms delivering lessons to students and must be familiar with classroom management, the basics of how a classroom works, and how to plan and deliver effective, engaging, and age-appropriate instruction. Several individuals also stated that being a classroom teacher for at least two years gives school counselors the unique opportunity to understand the dynamics and issues that students and teachers face in a school setting and can, therefore, better serve their campus population. One individual suggested that the two-year teaching requirement should be increased to five years.
Response: The SBEC neither agrees nor disagrees. The SBEC was directed to begin the rulemaking process to implement this change in requirements to issue the school counselor certificate no later than January 1, 2024, to comply with SB 798, 88th Texas Legislature, Regular Session, 2023.
Comment: Several individuals shared dismay that the legislature removed the two-year classroom teaching qualification and recommended that the language in 19 TAC §239.20, Requirements for Issuance of the Standard School Counselor Certificate, be revised to include a mentorship requirement of one year for prospective school counseling certification candidates in order to ensure that school counselor certificate holders without classroom experience are adequately prepared to meet the demands of the position.
Response: The SBEC neither agrees nor disagrees. The SBEC was directed to begin the rulemaking process to implement this change in requirements to issue the school counselor certificate no later than January 1, 2024, to comply with SB 798, 88th Texas Legislature, Regular Session, 2023. Any additional feedback on these rules that is not contradictory to the intent of SB 798 could be considered in the future following completion of the current rulemaking process.
Comment: An individual commented in support of removing the two-year classroom teaching requirement from 19 TAC §239.20, Requirements for Issuance of the Standard School Counselor Certificate, but recommended that language be added to provide for additional training to provide counseling services to Kindergarten-Grade 12 students. The commenter requested the addition of the following language in lieu of the two-year classroom teaching requirement:
That to be a school counselor, the person: (a) completed a minimum 48-hour master's degree in school counseling; or (b) completed a minimum 48-hour master's degree in counseling and: (1) has been licensed or certified as a school counselor in good standing in another state for at least two years immediately prior to application; (2) completes a mentorship under a certified school counselor for an entire school year, completes a graduate non-degreed program of study in school counseling that aligns with the Texas Model for Comprehensive School Counseling Programs and is approved by the State Board for Educator Certification.
Response: The SBEC neither agrees nor disagrees. The SBEC was directed to begin the rulemaking process to implement this change in requirements to issue the school counselor certificate no later than January 1, 2024, to comply with SB 798, 88th Texas Legislature, Regular Session, 2023. Any additional feedback on these rules that is not contradictory to the intent of SB 798 could be considered in the future following completion of the current rulemaking process.
Comment: An individual commented in support of removing the two-year teaching requirement for school counselors from 19 TAC §239.20, Requirements for Issuance of the Standard School Counselor Certificate, because it will create more opportunities for those seeking to work in schools.
Response: The SBEC neither agrees nor disagrees. The SBEC was directed to begin the rulemaking process to implement this change in requirements to issue the school counselor certificate no later than January 1, 2024, to comply with SB 798, 88th Texas Legislature, Regular Session, 2023.
Comment: An individual commented that they would like to see counselors (licensed professional counselors) have a pathway to add a school counseling certification through the licensing board or university programs.
Response: This comment is outside the scope of the required rulemaking to implement SB 798, 88th Texas Legislature, Regular Session, 2023.
The State Board of Education (SBOE) took no action on the review of the amendment to §239.20 at the April 12, 2024 SBOE meeting.
STATUTORY AUTHORITY. The amendment is adopted 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 the 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).
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 April 29, 2024.
TRD-202401887
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: May 19, 2024
Proposal publication date: December 29, 2023
For further information, please call: (512) 475-1497