January 2016 Committee on School Initiatives Item 4

Review of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates

January 29, 2016

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

SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 227, Provisions for Educator Preparation Candidates. The proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, and 227.20 and proposed new 19 TAC §227.17 and §227.19 would include changes as a result of House Bill (HB) 2012, 83rd Texas Legislature, Regular Session, 2013, which required the Texas Education Agency (TEA), the SBEC, and the Texas Higher Education Coordinating Board (THECB) to perform a joint review of the existing standards for preparation and admission that are applicable to educator preparation programs (EPPs). In addition, HBs 1300 and 2205, 84th Texas Legislature, Regular Session, 2015, would be addressed. The proposed revisions would update the rules to reflect current law, clarify minimum standards for all EPPs, allow for flexibility, and ensure consistency among EPPs in the state. The proposed amendments to 19 TAC §§227.103, 227.105, and 227.107 would reflect conforming technical edits.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 227, Subchapter A, is the TEC, §§21.031; 21.044(a) and (g)(2) and (3), as amended by Senate Bill 1296, 84th Texas Legislature, Regular Session, 2015; 21.0441, as amended by HB 2205 and HB 1300, 84th Texas Legislature, Regular Session, 2015; 21.049; 21.050(a); and 21.051. The statutory authority for 19 TAC Chapter 227, Subchapter B, is the TEC, §21.041(b)(1) and (4), and Texas Occupations Code, §53.105.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, and 227.20 and proposed new 19 TAC §227.17 and §227.19 would be February 28, 2016.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBEC rules in 19 TAC Chapter 227 begin with Subchapter A, Admission to Educator Preparation Programs, which provides for rules that establish requirements for admission to an EPP. Subchapter B, Preliminary Evaluation of Certification Eligibility, provides for rules for the implementation of a preliminary criminal history evaluation, as provided in the Texas Occupations Code, Chapter 53, Subchapter D. The TEC, §21.031, states that the SBEC is established to oversee all aspects of the certification and continuing education of public school educators and to ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state. The TEC, §21.049, authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional EPPs.

The proposed revisions include changes as a result of HB 2012, 83rd Texas Legislature, Regular Session, 2013, and HBs 1300 and 2205, 84th Texas Legislature, Regular Session, 2015. The proposed revisions also reflect discussions held during stakeholder meetings with EPPs on January 14, 2014; February 18, 2014; and March 26, 2014, and regional stakeholder meetings held on February 27, 2014 and March 3-4, 2014, with district and regional administrators. The proposed revisions also reflect input received from staff at the THECB and the TEA. Additional stakeholder meetings were held with the Educator Preparation Advisory Committee (EPAC) on December 1, 2014; February 2, 2015; May 4, 2015; June 29, 2015; August 31, 2015; and November 2, 2015.

SBEC Input

At the January 2015 SBEC Work Session, the SBEC members received three presentations on educator quality. The Texas Teaching Commission, the Council for the Accreditation of Educator Preparation, and the National Council on Teacher Quality provided state and national perspectives on educator quality. SBEC members provided feedback to TEA staff on those presentations. Specifically, as it relates to 19 TAC Chapter 227, the SBEC requested policy options that focus on raising EPP standards, improving teacher preparation programs, and providing solutions to correct current problems in Texas EPPs. The proposed revisions to 19 TAC Chapter 227 address this request.

The following proposed amendments to 19 TAC §§227.1, 227.5, 227.10, 227.15, and 227.20 and proposed new 19 TAC §227.17 and §227.19, shown in Attachment II, are the result of legislation and input from the SBEC, stakeholders, THECB staff, and TEA staff.

General Provisions

The amendment to 19 TAC §227.1 would:

• amend the language to clarify the responsibility of the EPP to inform applicants of the background check requirement for clinical teaching and teaching;

• add language to require EPPs to inform applicants of admission and program completion requirements; and

• add language to require EPPs to inform applicants of the performance over time of the EPP and the effect of supply and demand on the educator workforce in the state, in accordance with TEC, §21.044, added by HB 2012, 83rd Texas Legislature, Regular Session, 2013.

Definitions

The amendment to 19 TAC §227.5 would:

• add definitions of accredited institution of higher education, applicant, formal admission, and post-baccalaureate program for clarity;

• clarify that the bachelor's degree would need to be from an accredited institution of higher education (IHE);

• clarify and update the definitions of alternative certification program, candidate, clinical teaching, and semester credit hour;

• remove a phrase from the definition of contingency admission to stay in alignment with the acceptance of accredited institutions of higher education;

• add the phrase "that must be" to the definition of educator preparation program for clarity;

• add a definition of incoming class in accordance with TEC, §21.0441, added by HB 2205, 84th Texas Legislature, Regular Session, 2015; and

• remove definitions for words and terms not used in Chapter 227 and renumber as necessary.

Admission Criteria

The amendment to 19 TAC §227.10 would:

• clarify which requirements are for those who are seeking admission to an EPP for initial certification in each class of certificate;

• clarify the admission requirement for a candidate seeking admission to an undergraduate university program;

• align the acceptance of an accredited IHE;

• clarify that candidates seeking admission to an EPP for initial certification must have either a 2.5 grade point average (GPA) or a 2.5 in the last 60 semester credit hours in accordance with TEC, §21.0441, added by HB 2205, 84th Texas Legislature, Regular Session, 2015;

• clarify that the minimum GPA must be from the current accredited IHE or the IHE from which the most recent bachelor's degree or higher was conferred;

• require that an applicant to an EPP pass a content examination to be eligible for an extraordinary circumstances exception to the minimum GPA requirement, in accordance with TEC, §21.0441, added by HB 1300, 84th Texas Legislature, Regular Session, 2015;

• clarify that a content examination that is used as part of admission requirement must be passed by the applicant before the applicant is admitted to an EPP;

• clarify that an applicant is ineligible to register for a pre-admission content examination (PACT) if the applicant had previously been admitted to an EPP. The phrase "do not meet the minimum GPA requirement and" was inadvertently included in the rule text that was published in the Texas Register though it was not addressed in the preamble as published in the Texas Register. An edit to correct the typographical error was made in subsection (a)(4)(D), as published, to remove the phrase "do not meet the minimum GPA requirement and" so that the rule text reflects the discussion at the time this item was proposed at the October 2015 SBEC meeting and the preamble that was included with the rule text in the Texas Register;

• clarify that an applicant who has previously been enrolled in an EPP and does not meet the minimum GPA requirement may request permission to register for a PACT under procedures developed by TEA staff;

• clarify that an applicant who is seeking a career and technical education certificate that does not require a degree from an accredited IHE is exempt from the minimum GPA requirement;

• clarify that a minimum of 12 semester credit hours in the subject-specific content area is required for an applicant who will be seeking an initial certificate in the classroom teacher class of certificate, unless certification is sought for mathematics or science at or above
Grade 7;

• add a 15 semester credit hour prerequisite for those seeking admission for mathematics or science certification at or above Grade 7, in accordance with the TEC, §21.0441, added by HB 2012, 83rd Texas Legislature, Regular Session, 2013;

• clarify that an applicant who has previously enrolled in an EPP may request permission to register for a PACT under procedures developed by TEA staff;

• amend the requirement for a basic skills assessment in reading, written communication, and mathematics to reflect current methods of meeting the requirement;

• require candidates with credentials from outside the United States to meet all of the English language proficiency requirements as specified in 19 TAC §230.11, General Requirements;

• clarify that an applicant who is seeking a career and technical education certificate that does not require a bachelor's degree from an accredited IHE may satisfy the English language proficiency requirement with an associate's degree or high school diploma that was earned at an accredited IHE or an accredited high school in the United States;

• clarify that an application and either an interview or other screening instrument are required to determine if an applicant's knowledge, experience, skills, and aptitude are appropriate for the certification sought;

• clarify that an applicant who has completed a program may enroll in another program for the purpose of receiving approval to take a certification examination; and

• clarify that an applicant who has been employed for three years on a probationary certificate or permit may enroll in another program for the purpose of completing a clinical teaching experience.

Contingency Admission

The amendment to 19 TAC §227.15 would:

• add language that would require an EPP to extend an offer of contingency admission in writing and require an applicant to accept an offer of contingency admission in writing;

• clarify the effective date of contingency admission;

• add language that, except as allowed by §227.10, would prohibit an alternative certification program or post-baccalaureate program from providing coursework, training, and/or examination approval that leads to initial certification in any class of certificate to applicants prior to contingency admission;

• clarify that a semester is based on the common calendar established by the THECB; and

• remove the phrase "pre-admission content examination preparation" from 19 TAC §227.15(d), since proposed, because PACT preparation is not included in the EPP requirements in 19 TAC Chapter 228.

Formal Admission

Proposed new 19 TAC §227.17 would:

• clarify and document when an applicant is considered formally admitted to an EPP;

• add language that would require an EPP to extend an offer of formal admission in writing and require an applicant to accept an offer of formal admission in writing;

• add language that would prohibit an alternative certification program or post-baccalaureate program from providing coursework, training, and/or examination approval that leads to initial certification in any class of certificate to applicants prior to formal admission;

• add the phrase "prior to formal admission" to §227.17(e), since proposed, because it was inadvertently not included in the rule text that was published as proposed in the Texas Register though it was addressed in the preamble as published in the Texas Register; and

• remove the phrase "pre-admission content examination preparation" from 19 TAC §227.17(e), since proposed, because PACT preparation is not included in the EPP requirements in 19 TAC Chapter 228.

Incoming Class Grade Point Average

Proposed new 19 TAC §227.19 would be added as a result of the TEC, §21.0441, amended by HB 2205, 84th Texas Legislature, Regular Session, 2015. The new section would:

• require the overall GPA of each incoming class admitted by an EPP to be not less than 3.00 on a four-point scale or the equivalent; and

• clarify that admitted candidates' GPAs must be from the current accredited IHEs or the IHEs from which the most recent bachelor's degrees or higher were conferred.

Implementation Date

The amendment to 19 TAC §227.20 would update the implementation date to reflect when the rules in Subchapter A, Admission to Educator Preparation Programs, apply to applicants.

Technical Changes

The proposed revisions to 19 TAC Chapter 227, Subchapters A and B, would include minor technical edits such as updating cross references and conforming to Texas Register style and format requirements.

FISCAL IMPACT: The TEA staff has determined that there is no additional fiscal impact on state and local governments and there are no additional costs to persons or entities required to comply with the proposed revisions. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed revisions to Chapter 227 would be the development of clear, minimum EPP admission criteria that would ensure educators are prepared to positively affect the performance of the diverse student population of this state.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed revisions would have no additional procedural and reporting implications.

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

PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of comments received by the SBEC on its proposed rules were shared with the SBOE under separate cover prior to this SBOE meeting.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: None.

MOTION TO BE CONSIDERED: The State Board of Education:

Take no action on the proposed revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates.

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

Tim Miller, Director
Educator Preparation, Testing, and Program Accountability

Attachments:
I. Statutory Citations (PDF, 28KB)
II. Text of Proposed Revisions to 19 TAC Chapter 227, Provisions for Educator Preparation Candidates (PDF, 65KB)