November 2016 Committee on School Initiatives Item 4

Review of Proposed Revisions to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States

November 18, 2016

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

SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would revise 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. The proposed amendments to 19 TAC §§230.1, 230.11, 230.13, 230.31, 230.33, 230.35, 230.37, 230.41, 230.53, 230.71, 230.73, 230.75, 230.77, 230.79, 230.81, 230.83, 230.91, 230.93, 230.97, 230.101, 230.105, 230.111, and 230.113; proposed new 19 TAC §§230.36, 230.63, 230.65, 230.104, and 230.107; and proposed repeal of 19 TAC §230.15 and §230.39 would result from SBEC board input, stakeholder input, and input received from staff at the Texas Education Agency (TEA).

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 230, Subchapter A, is the Texas Education Code (TEC), §§21.041(b)(1) and (2) and (4), 21.044(a), 21.048, 21.050, and 22.082. The statutory authority for 19 TAC Chapter 230, Subchapter B, is the TEC, §§21.041(b)(2) and (4), 21.044(a), 21.048, 21.050, and 22.082. The statutory authority for 19 TAC Chapter 230, Subchapter D, is the TEC, §§21.003(a), 21.031, 21.041(b)(1)-(5) and (9), 21.051, and 22.0831(c) and (f). The statutory authority for 19 TAC Chapter 230, Subchapter E, is the TEC, §§21.041(a) and (b)(1)-(4). The statutory authority for 19 TAC Chapter 230, Subchapter F, is the TEC, §§21.031(a), 21.041(b)(1), (2), and (4), 21.044(a), and 21.048. The statutory authority for 19 TAC Chapter 230, Subchapter G, is the TEC, §§21.031(a), 21.041(b)(1)-(5) and (9) and (c), 21.044(a), (e) and (f), 21.048, 21.0485, 21.050, 21.054(a), 22.082, and 22.0831(f) and Texas Occupations Code (TOC), §53.105. The statutory authority for 19 TAC Chapter 230, Subchapter H, is the TEC, §§21.040(6), 21.041(b)(4), and (5), and (c), 21.048, 21.050, and 21.052.

TEC, §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B.

TEC, §21.031(a), authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; and §21.031(b), 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, §21.040(6), allows the SBEC authority to develop and implement policies that define responsibilities of the SBEC.

TEC, §21.041(a), allows the SBEC to adopt rules as necessary for its own procedures.

TEC, §21.041(b)(1), requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B.

TEC, §21.041(b)(2), requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

TEC, §21.041(b)(3), requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.

TEC, §21.041(b)(4), requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.

TEC, §21.041(b)(5), requires the SBEC to propose rules that provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to the TEC, §21.052.

TEC, §21.041(b)(9), requires the SBEC to propose rules that provide for continuing education requirements.

TEC, §21.041(c), requires the SBEC to propose a rule adopting a fee for the issuance and maintenance of an educator certificate that is adequate to cover the cost of administration of the TEC, Chapter 21, Subchapter B.

TEC, §21.044(a), 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, §21.044(e), 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), provides that SBEC rules for a person to obtain 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 §21.044(e).

TEC, §21.048(a), requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC.

TEC, §21.0485, provides that all candidates for a certificate to teach students with visual impairments must complete an approved educator preparation program (EPP).

TEC, §21.050(a), states that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under TEC, Chapter 28, Subchapter A.

TEC, §21.051, provides a requirement that before a school may employ a certification candidate as a teacher of record, the candidate must have completed at least 15 hours of field-based experience in which the candidate was actively engaged at an approved school in instructional or educational activities under supervision.

TEC, §21.052(a), states that the SBEC may issue a certificate to an educator who holds a degree issued by an institution accredited by a regional accrediting agency or group that is recognized by a nationally recognized accreditation board or a degree issued by an institution located in a foreign country, if the degree is equivalent to a degree described by §21.052(a)(1)(A), holds an appropriate certificate or other credential issued by another state or country, and performs satisfactorily on the examination prescribed under the TEC, §21.048, or, if the educator holds a certificate or other credential issued by another state or country, an examination similar to and at least as rigorous as that described by §21.052(a)(1)(A) administered to the educator under the authority of that state; §21.052(b), states that for purposes of §21.052(a)(2), a person is considered to hold a certificate or other credential if the credential is not valid solely because it has expired; §21.052(c), states that the SBEC may issue a temporary certificate under this section to an educator who holds a degree required by §21.052(a)(1) and a certificate or other credential required by §21.052(a)(2) but who has not satisfied the requirements prescribed by §21.052(a)(3); and §21.052(d), states that a temporary certificate issued under §21.052(c) to an educator employed by a school district that has constructed or expanded at least one instructional facility as a result of increased student enrollment due to actions taken under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687) may not expire before the first anniversary of the date on which the SBEC completes the review of the educator's credentials and informs the educator of the examination or examinations under the TEC, §21.048, on which the educator must perform successfully to receive a standard certificate.

TEC, §21.054(a), requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.

TEC, §22.082, states that the SBEC shall subscribe to the criminal history clearinghouse as provided by the Texas Government Code, §411.0845, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for or holder of a certificate issued under the TEC, Chapter 21, Subchapter B.

TEC, §22.0831(c), provides that the SBEC shall review the national criminal history record information of all applicants for or holders of educator certification.

TEC, §22.0831(f), authorizes the SBEC to propose rules to implement the national criminal history record information review of certified educators.

TOC, §53.105, specifies that a licensing authority may charge a person requesting an evaluation under the TOC, Chapter 53, Subchapter D, a fee adopted by the authority. Fees adopted by a licensing authority under the TOC, Chapter 53, Subchapter D, must be in an amount sufficient to cover the cost of administering this subchapter.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §§230.1, 230.11, 230.13, 230.31, 230.33, 230.35, 230.37, 230.41, 230.53, 230.71, 230.73, 230.75, 230.77, 230.79, 230.81, 230.83, 230.91, 230.93, 230.97, 230.101, 230.105, 230.111, and 230.113; proposed new 19 TAC §§230.36, 230.63, 230.65, 230.104, and 230.107; and proposed repeal of 19 TAC §230.15 and §230.39 would be December 27, 2016.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBEC rules in 19 TAC Chapter 230 are currently organized as follows: Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. The subchapters provide for rules that establish guidelines and procedures for certification requirements, fees, permits, educational aides, and assignment criteria relating to professional educator preparation and certification. Chapter 230 serves as a foundation for the practices and procedures related to educator preparation and certification. The seven subchapters include key definitions relevant to educator preparation and certification; provide general eligibility, recommendation and issuance requirements for various types of certificates; outline testing requirements for certification; identify certificate application fees; and confirm the overall process for individuals already certified in other states or countries to obtain Texas certification. 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.

At the January 2015 SBEC work session, the SBEC members received three presentations on educator quality as it pertains to EPPs in the state of Texas. 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 in relation to Texas EPPs. SBEC members provided feedback to TEA staff on those presentations. Specifically, as it relates to 19 TAC Chapter 230, the SBEC requested policy options that focus on raising EPP standards, improving teacher preparation programs, and new and improved ways to train better teachers.

TEA staff conducted an SBEC work session on June 9, 2016, to provide the Board with a shared understanding of the preparation process, to discuss current issues related to educator preparation and teacher quality, and to capture SBEC's perspective on preparation so that TEA can provide the desired support in preparation for possible rule changes.

The TEA staff also convened three face-to-face stakeholder meetings in December 2015 and June 2016 to gather input on the proposed revisions to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. The proposed revisions, shown in Attachment II, reflect input received from the SBEC, TEA staff, and TEA staff-convened stakeholder meetings, but also includes additional changes since the draft rule text was shared at the December 2015, April 2016, and June 2016 SBEC meetings.

Following is a description of the proposed revisions included in Attachment II.

Subchapter A, General Provisions

The purpose of Subchapter A, General Provisions, is to define key terms that share common meaning across several certification and educator preparation rules within the Texas Administrative Code.

The proposed amendment to 19 TAC §230.1 reflects the addition of terms relevant to general requirements for educator preparation and certification and the removal of terms not applicable to Chapter 230. The goal is to ensure there is common understanding of frequently used terms so that there is accurate and effective communication and alignment throughout the state between EPPs, school districts, educators, candidates for certification, and other stakeholders.

In 19 TAC §230.1, definitions would be added for candidate, certification class, charter school, intern certificate, probationary certificate, standard certificate, teacher, and Texas Essential Knowledge and Skills; removing the definitions for field supervision, high-quality professional development, internship, mentor, State Board for Educator Certification, and Texas Education Agency staff; and amending the definitions for accredited institution of higher education, certificate, classroom teacher, continuing professional education, educator, educator preparation program, initial certification, and teacher of record.

Subchapter B, General Certification Requirements

The purpose of Subchapter B, General Certification Requirements, is to outline general certification requirements applicable to all individuals regardless of the route taken to obtain Texas certification.

Language in 19 TAC §230.11(b)(5)(B) would be amended to clarify that the English language proficiency requirement can be satisfied for individuals coming from territories of the United States, if English was the primary language of instruction at the university where the degree was earned. Regardless of their route to Texas certification, all individuals unable to provide a letter from their university confirming the primary language of instruction was English would be required to take and pass the Test of English as a Foreign Language--Internet Based Test (TOEFL-ibt). Subsection (b)(7)(F) would be removed since 19 TAC §230.39, Temporary Teacher Certificate, is proposed for repeal in Subchapter D.

Language in 19 TAC §230.13(a)(2) and (b)(3) would be amended to clarify that standard certificate applications must be completed and recommended by the EPP by the application and issuance deadlines for the certificate.

Section 230.15 would be repealed because provisions for the military community are addressed in new 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans, effective August 28, 2016.

Subchapter C, Assessment of Educators

SBEC rules in Subchapter C, Assessment of Educators, are not included in this agenda item. The SBEC adopted those amendments effective August 28, 2016.
 
Subchapter D, Types and Classes of Certificates Issued

The purpose of Subchapter D, Types and Classes of Certificates Issued, is to identify types and classes of certificates issued in Texas. This subchapter also identifies some of the temporary credentials issued as individuals complete requirements to obtain a five-year Texas standard certificate.

Language in 19 TAC §230.31(a)(2) and (3) would be retained to confirm that prior to September 1, 1999, provisional certificates were issued for all classroom teacher subject areas and professional certificates were issued for areas other than classroom teacher; however, both of these certificate types remain valid for life unless suspended, surrendered in lieu of revocation, or revoked by lawful authority as referenced in subsection (b).

To better reflect certification requirements, educational aide would be moved from the list of types of classes of certificates in §230.33(b) to the list of types of certificates in §230.31(a)(8). Proposed subsection (d) would be added to reflect the change from a five-year validity period to a two-year validity period for the educational aide certificate. TEA staff discussed potential changes to the educational aide certificate with the SBEC during the December 2015, February 2016, and April 2016 meetings. While the SBEC acknowledges the important role of the educational aide and that the certificate should remain in place, the validity period of the certificate would be shortened. TEA staff ran data for the 2014-2015 school year that confirmed a total of 227,910 educational aide certificates were issued. Of those, 153,789 certificates were valid for life, while 74,121 educational aide certificates were issued as standard certificates that must currently be renewed every five years. While there were a large number of educational aide certificates issued, employment data from school year 2014-2015 show approximately 53,791 educational aides were actively employed. Of those 53,791 educational aides, only 8,044 (or 18%) had been employed for over two years.

The shortening of the validity period of the educational aide certificate would address the challenge the TEA faces allocating limited resources to the investigation and prosecution of individuals possessing only educational aide certificates that are either in inactive status and/or are not otherwise being utilized by the individual as a condition of employment by a Texas school district. A significant number of cases involving educational aides (paraprofessionals) accused of wrongdoing result in defaults when filed at the State Office of Administrative Hearings (SOAH). Over the course of five recent SBEC meetings, 65 defaults were issued for educational aides making up 39% of the defaults issued. The investigation and prosecution of defaults require the same or more resources as non-default cases. Shortening the validity period for the educational aide certificate would focus TEA investigative and prosecutorial resources only on those who are actively using the educational aide certificate in a Texas public school.

Proposed new 19 TAC §230.36 would establish a new intern certificate. The concept of the intern certificate was first presented to the SBEC at the April 2016 meeting and was originally intended to replace the probationary certificate. At the time, TEA staff recommended that candidates pass all required examinations (content and pedagogy) for the certification area prior to issuance of the intern certificate to ensure that a teacher of record has demonstrated minimal competence in both pedagogy and content prior to placement in a classroom with only minimal supervision. District and EPP representatives expressed concerns about future plans to increase the testing requirements for issuance of the intern certificate. During the June 2016 SBEC work session and meeting, TEA staff presented a tiered licensure process for certification through an EPP that better reflects the candidate's progress toward full certification and the level of support the candidate receives. This two-tiered licensure structure for EPP candidates included an intern certificate, where prior to issuance, successful completion of all content examinations was required; and a probationary certificate, where prior to issuance, successful completion of all examinations (content and pedagogy) was required. The proposed validity period for the intern certificate would be one year and the proposed validity period for the probationary certificate would be a maximum of two one-year validity periods. Probationary certificates would remain in 19 TAC §230.37.

Section 230.37 currently allows EPP candidates to be placed on a probationary certificate and serve as the teacher of record for up to three years. The amount of time a candidate can serve on a probationary certificate would be limited. Language would be amended in proposed subsection (c)(4) to add intern certificates and reduce the total amount of time allowed from three years to two years. The proposed change may impact an EPP's timeline on preparing candidates but better aligns with the SBEC's goals and principles. To ensure that school districts and the TEA are properly notified about candidates serving on an intern or probationary certificate who resign or are terminated from assignments and/or candidates who withdraw or are released from an EPP, EPP notification requirements have been removed from this subchapter and moved to Chapter 228.

Proposed subsection (d) would establish testing requirements for issuance of a probationary certificate and include a transition from testing requirements and options in place prior to September 1, 2017, and testing requirements for issuance of the probationary certificate beginning September 1, 2017. Proposed subsection (d)(2) would require candidates to successfully complete all examinations currently required for issuance of a standard certificate prior to issuance of the probationary certificate in any subject area (i.e., pedagogy, content, and as applicable, oral, written, or sign communication assessments) beginning September 1, 2017. In addition, the proposed amendment would add a requirement for successful completion of the pedagogy and professional responsibilities examination in addition to the required content examinations and would remove the provision in subsection (d)(1) that prior to September 1, 2017, allows individuals to receive the probationary certificate for Grades 7-12 by substituting the required content examination with a minimum number of college hours. The proposed changes to the probationary certificate rules would ensure that individuals have demonstrated minimal competence in both pedagogy and content prior to placement in a classroom as the paid teacher of record with only minimal supervision. The proposed testing requirement to qualify for issuance of a probationary certificate would become effective September 1, 2017. Current subsections (d)-(f) would be removed.

Since published as proposed, a technical correction was made to 19 TAC §230.37(d)(1)(B)(i) to confirm that the successful completion of the appropriate pedagogy and professional responsibilities test is not required until September 1, 2017.

The SBEC recognizes the impact of these proposed changes and acknowledges stakeholder feedback on the proposed rule actions and their concerns related to testing requirements prior to issuance of the intern and/or probationary certificate and the potential impact these requirements could have on bilingual certification candidates and certification candidates in other high-need areas. The SBEC carefully considered this issue. The SBEC has continued to focus on the need to ensure that individuals entering classrooms as the teacher of record demonstrate content proficiency to ensure that students have the best opportunity to master academic content. It is particularly critical that students in bilingual or special education classrooms have teachers with the academic knowledge and skills to meet the needs of those students. Although teachers on an intern or probationary certificate would still be receiving training in essential pedagogical skills, the proposal supports the belief that all students deserve teachers who have demonstrated content knowledge. There are processes in place that allow districts to apply for bilingual exceptions to receive some flexibility from the bilingual program requirements. Creating a tiered licensure structure also would allow for meaningful differentiation for districts in making hiring decisions and EPPs in supporting their intern or probationary teachers.

Section 230.39, Temporary Teacher Certificates, would be repealed due to a lack of district participation for several years and because the TEA no longer issues the Grades 8-12 certificates that aligned with this process.

Language in 19 TAC §230.41, Visiting International Teacher Certificates, would be amended in subsection (a) to remove the reference to the agreement since rules in this subsection provide eligibility and certificate issuance requirements. Proposed subsection (e) would be added to confirm that issuance of the visiting international certificate does not preclude candidates from completing the credentials review process and being issued a one-year certificate if all requirements are met.

Subchapter E, Educational Aide Certificate

The purpose of Subchapter E, Educational Aide Certificate, is to outline the general requirements for the recommendation, issuance, and renewal of educational aide certificates.

The majority of the rules in this subchapter remain the same and, therefore, are not included in Attachment II. Language would be added as proposed 19 TAC §230.53(f) and (g) to confirm that individuals already certified as a classroom teacher would be eligible to serve as an educational aide without obtaining the educational aide certificate unless requested by the employing district and confirm that individuals seeking a higher level of educational aide certificate (i.e., transferring from educational aide I to II or educational aide II to III) would need to complete an online application, pay a fee, and be recommended for the new level of certification by the employing district.

Proposed new 19 TAC §230.63 would address the proposed change in the validity period for educational aide certificates; provide notification of the proposed change taking effect September 1, 2017; and confirm the elimination of the renewal requirements having to be completed for an expired lower level educational aide certificate when applying and being recommended by the district for a higher level certificate.

Proposed new 19 TAC §230.65 would clarify the new process for reissuance of educational aide certificates by confirming that effective September 1, 2017, all educational aide certificates issued would expire at the end of their validity period and that reissuance of an educational aide certificate would require a new online application, a new recommendation from the employing district, and a new fee paid online. Because holders of educational aide certificates would be required to reapply for new certification each time, a proposed fee reduction for issuance of this certificate would begin September 1, 2017. The proposed fee of $15 every two years is included in the proposed changes to 19 TAC §230.101, Schedule of Fees for Certification Services, in Subchapter G. It is also important to note that all educational aide certificates issued prior to September 1, 2017, would be issued with a five-year validity period, but the certificate would expire at the end of the period and is not subject to renewal. Individuals would be required to reapply for a new educational aide certificate with a two-year validity period. Individuals holding a lifetime educational aide certificate would maintain that certificate.

Subchapter F, Permits

The purpose of Subchapter F, Permits, is to outline the general requirements for the recommendation, issuance, and renewal of emergency permits.

The proposed rule action reflects returning use of emergency permits back to serving as a temporary credential that provides resolution to a "true emergency" and allows an employing district to fill an immediate need for placement of a teacher into the classroom. Language in 19 TAC §230.71, General Provisions, would be amended to alert districts of proposed changes in issuance of emergency permits. Proposed subsection (b) would be added to indicate that effective with the 2017-2018 school year, emergency permits would be limited to one year of issuance, with no option for renewal. Proposed subsection (c) would be added to confirm that the one-year limitation does not apply to the annual reissuance of emergency permits for Junior Reserve Officer Training Corps (JROTC) instructors or renewals of emergency permits for teachers of students with visual impairments. Language in proposed subsection (d)(1) would be amended to confirm that the superintendent or his designee must take specific steps to determine an individual's qualifications for placement on an emergency permit. Language in proposed subsection (d)(3) would be amended to add "open-enrollment charter school" to expand the type of educational setting where a permit may be initiated for an individual. Language in proposed subsection (h)(3)(A) would be amended to include a proposed change from "deficiency plan" to "certification plan" to better align with EPP terminology. Language in proposed subsection (h)(3)(B) would be amended to add "or higher" after the bachelor's degree reference to confirm a higher degree is acceptable and in proposed subsection (i) to add "pertaining to parental notification."

Since published as proposed, language was amended in proposed subsection (j) to confirm that individuals issued an intern or probationary certificate would be allowed to also be placed on an emergency permit for a certificate area that the employing district may need coverage for if that certificate area is not offered through the entity that provided recommendation for the intern or probationary certificate. The change addresses the need for districts and EPPs to have flexibility to work with candidates to ensure eligibility for placement into assignments.

Language in 19 TAC §230.73 would be amended in subsection (d) and proposed subsections (e)-(g) to confirm that the 2016-2017 school year would be a transition year and that rules currently in place for emergency permits, including renewal of permits would remain the same. However, in the 2017-2018 school year, the one-year limit would become effective. The only exceptions to the limited use of emergency permits are for the assignments to teach JROTC and to serve as teachers of students with visual impairments. Districts would continue being allowed to apply for new emergency permits every year to allow individuals employed in their district to continue serving in the assigned role of JROTC instructor. Districts would also be allowed a maximum of two renewals on emergency permits for assignments to teach students with visual impairments. TEC, §21.0485, requires individuals pursuing the Visually Impaired (VI) Supplemental Certificate to complete an EPP and does not allow them to earn this certificate through the certification by examination route. Individuals assigned to teach students with visual impairments on a permit are already certified educators who must complete requirements through an approved EPP to qualify for issuance of the VI Supplemental Certificate. Teachers of students with visual impairments often serve in itinerant positions that go where the students are at their local school in a district or as part of a cooperative for more rural areas of Texas. These teachers also receive additional support from the Texas School for the Blind and Visually Impaired's statewide mentoring program. Because the statute does not allow individuals to earn certification solely by test passage and due to the specialized and intensive nature of the training requirements for individuals seeking this certificate, the proposed rule action reflects additional time under the emergency permit for teachers of students with visual impairments. This would allow districts to maintain qualified staff in this specialized area without causing a disruption to the population of students being served.

Language in 19 TAC §230.75(1)(A) would be amended to incorporate associate's degree or more advanced degree reference into the rule text to align with health science certification requirements.

Language in 19 TAC §230.77(c)(1)(B) would be amended to increase the semester credit hour requirement from six to twelve in the subject to be taught. Also, changes to subsection (c)(2)(A) would match the increase in semester credit hours in subsection (c)(1)(B). Proposed subsection (c)(2)(C) would incorporate stakeholder feedback to prohibit approval of a temporary classroom assignment permit for an individual teaching more than four class periods with fewer than six semester credit hours in the specific subject area to be taught. Language in subsections (d)-(g) would be amended to incorporate minor edits to update certificate names, align semester credit hour requirements or licensure and experience requirements for certain certificates (e.g., career and technical education areas), and clarify degree requirements.

Language in 19 TAC §230.79(a)(1) and (b)(1) would be amended to clarify application for the emergency permit is an online process. The proposed rule action also reflects changing "deficiency plan" to "certification plan" in subsections (a)(2)(A) and (b)(4) to better align with EPP terminology. Clarifying language specific to career and technical education assignments based on skill and experience would be added in subsection (b)(2) and proposed paragraph (3).

Language would be amended in 19 TAC §230.81(2) to confirm emergency permits are limited to one year in an assignment, and language in paragraph (3)(B) would be amended to reflect a change in semester credit hour requirements needed for one renewal. Because the proposed change in the emergency permit validity period is not effective until the 2017-2018 school year, retaining the renewal provisions in rule would provide districts with guidance until the new emergency permit rules are effective.

Section 230.83(b)(3) would be removed since there are very few district requests for nonrenewable permits related to candidates from other states who held the one-year certificate and did not pass the pedagogy and professional responsibilities (PPR) test during the validity period of their one-year certificate. The SBEC is cognizant of concerns expressed by stakeholders that the requirements for placement on emergency permits has been more rigorous for certified educators versus non-certified individuals. Attempts have been made to address this discrepancy by revising the emergency permit rule to treat both populations more fairly while maintaining a balance of meeting needs at the local level and still ensuring the placement of qualified individuals in every classroom.

Subchapter G, Certificate Issuance Procedures

The purpose of Subchapter G, Certificate Issuance Procedures, is to identify the general procedures for issuance of certificates, to confirm the roles of EPPs in the recommendation of their candidates for certification, to highlight the process for dating and issuing certificates and permits, to establish in rule the fees for various certification services, to outline the process for submitting fees for correction of a certificate or permit issued in error, and to identify requirements for issuance of additional certificates based on examination only.

The majority of the rules in this subchapter would remain the same; however, language would be amended in 19 TAC §230.91(a)(1) to confirm that the virtual certificate is considered to be the official record of educator certification in Texas. This online certificate is available on the TEA website and satisfies the TEC, §21.053(a). The reference to the SBEC board chair signature would be removed since TEA stopped printing and mailing paper certificates in January 2011.

Language would be amended in 19 TAC §230.93, Candidates of Approved Educator Preparation Programs, to confirm that an EPP is responsible for recommending candidates for certification by the deadlines for issuance of the certificate. Language would be amended in 19 TAC §230.97(c) to confirm that a fee is required to change the effective date for a certificate or permit.

Proposed fee changes in 19 TAC §230.101, Schedule of Fees for Certification Services, would support necessary online system updates to implement the proposed rule changes and cover TEA's administrative costs. Language would be amended in subsection (a)(1) to confirm the fee reduction from $30 to $15 for the educational aide certificate, effective September 1, 2017, and in subsection (a)(3) to add the intern certificate to the line item and propose a fee increase from $50 to $75 for issuance of the probationary or intern certificate. In subsection (a)(6), changing "temporary credential" to "one-year certificate" would better reflect what is issued and would align rule text with wording in Subchapter D, Types and Classes of Certificates Issued. In subsection (a)(8), the proposed amendment would increase the national criminal history check processing fee from $6 to $10 to better cover TEA's administrative costs and, in proposed subsection (a)(9), add a fee for reviewing superintendent applications for the substitution of managerial experience for the principal certification requirements. The SBEC's approval of this fee would allow TEA staff to begin the timely review of anticipated requests from individuals to utilize the new process recently established in rule to allow flexibility in obtaining the Superintendent Certificate in accordance to rules outlined in 19 TAC Chapter 242, Superintendent Certificate. The fee references in proposed subsections (a)(10) and (11) would not apply to educational aide certificates effective September 1, 2017; however, the current fees would be in place until they are no longer applicable to the certification process for educational aides. Language in proposed subsection (a)(18) would be amended to increase the Visiting International Teacher certificate from $50 to $75 to better cover TEA's administrative costs.

Since published as proposed, language was added in 19 TAC §230.101(a)(8) that would better differentiate between the portion of the fee that the TEA would receive to review criminal histories and the portion of the fee that would go to the Texas Department of Public Safety for the scanning and processing of fingerprints.

Proposed new 19 TAC §230.104, Correcting a Certificate or Permit Issued in Error, would confirm in rule the need for payment by an EPP or district to correct a certificate or permit issued in error based on information submitted by the EPP or district. TEA does not charge a fee to individuals, EPPs, or districts, if TEA staff was responsible for the incorrect issuance of a certificate or permit.

Section 230.105(2) would be removed to allow marketing, health science, and trade and industrial education to the list of certificates eligible to be added under the provision of additional certification by examination. However, because there are legislative requirements that must be met for issuance of the health science certificate, as well as licensure and work experience requirements needed for the trade and industrial education certificate, TEA staff has aligned the test approval process for health science and trade and industrial education to the process already in place for marketing certification through additional certification by examination. Like marketing, candidates seeking the health science and/or trade and industrial education certificate through this route would need to have licensure and wage-earning experience verified through a school district or approved EPP before test approval can be granted.

And finally, proposed new 19 TAC §230.107 would place into rule a process that allows individuals to relinquish a Texas certificate if they no longer wish to have the credential listed as part of their official record of certification. Over the years, educators have requested to relinquish one or more of their approved educator certifications. There is no current rule that addresses this type of request from an educator. Language in this section would allow an individual to relinquish the certificate, but also emphasizes that once it is relinquished, it cannot be added back to the official certificate record without the individual completing the requirements for issuance of the certificate (i.e., retaking the applicable test, completing EPP requirements as applicable, reapplying and paying the fee for certificate issuance).

Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States and Territories of the United States

The purpose of Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States and Territories of the United States, is to outline the process for individuals already certified to teach in other states to obtain Texas certification. This subchapter also explains the legislatively mandated comparable tests process that eliminates some of the Texas certification testing requirements for educators already certified to teach in other states.

The majority of the rules in this subchapter would remain the same, but a few minor changes would be made. Language in 19 TAC §230.111(a) would be amended to add the word "acceptable" to further describe the certificate or credential that can be submitted for the Texas review of credentials process. Language would be amended in subsection (c) to resolve grammatical issues and clarify that examination and/or certificate renewal requirements pending in another state would not impact an individual's ability to complete the Texas review of credentials process if he or she has met all other requirements for certification in the other state. Language in subsection (d) would be amended to confirm that a letter from another state department of education responsible for issuance of certification or licensure can be accepted in place of a copy of the actual certificate for purposes of the TEA's review of credentials process. Language would be amended in subsection (e) to confirm that the Texas credentials review process can only be completed based on the areas and grade levels of certification included on the certificate issued by another state department of education.

Section 230.113(e) would be removed to align with deletion of similar text in the nonrenewable permit section of this chapter. Language in proposed subsection (e) would be amended to confirm that individuals must establish a base classroom teaching certificate before they can add a supplemental certification area to their Texas certificate record. After much consideration and discussion, along with stakeholder input, it was determined that it is important to leave territories of the United States in place as part of this subchapter's title, and any concerns regarding English language proficiency for individuals can be addressed directly with the individuals pursuing certification. The general certification requirements outlined in Subchapter B apply to all individuals seeking certification, regardless of the path taken to obtain Texas certification. For this reason, if an individual from a territory of the United States cannot provide proof that English was the primary language of instruction at the university where the bachelor's degree or higher was earned, that individual would be required to take and pass the oral proficiency test approved by the SBEC before a certificate could be issued.

SBOE Review of Proposed SBEC Rules

Under TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rules by a vote of at least two-thirds of the members of the SBOE present and voting.

FISCAL IMPACT: TEA staff has determined that there are fiscal implications as a result of the proposed rule actions to 19 TAC Chapter 230, Subchapters A, B, and D-H. The following fiscal implications are based on costs for state government (TEA) and persons (individuals) for fiscal years (FYs) 2017-2021.

The TEA estimates a total cost for state government at $398,000 in FY 2017. The TEA estimates an increase in revenues for state government and a cost for individuals at $317,520 each in FY 2017 and $504,580 each in each year for FYs 2018-2021.

The TEA estimates personnel costs for state government at $398,000 to support implementation of Chapter 230 rule changes based on information provided by the TEA Information Technology Services team. This is a rough estimate based on the September 1, 2017 effective date for the majority of the proposed fee changes in 19 TAC §230.101, which assumes all of the work related to the implementation of the proposed rule actions would need to be completed during the 2016-2017 school year. TEA would be using three program support staff already 100% dedicated to the Educator Certification Online System (ECOS) to complete documenting and finalizing of system requirements, development, testing, and moving online system changes into production. Using TEA staff already employed will absorb the personnel costs reflected, but will also require educator certification and testing program staff to forgo all other planned upgrades/improvements to the ECOS, with the exception of necessary and already scheduled maintenance, to accommodate implementation of the proposed rule changes.

The proposed rule actions include several fee changes that will directly impact revenue paid to the state for certification services and direct economic cost to individuals submitting payments for various certification services. The proposed $4 increase ($6 to $10) in fees retained will better cover costs of reviewing criminal history records, subsequent arrest records, and investigating and prosecuting educator misconduct cases and will reflect the increasing caseloads. TEA estimates an approximate increase in revenue of $317,520 in FY 2017 and $452,000 in each year for FYs 2018-2021.

Effective September 1, 2017, TEA proposes to stop issuing the five-year educational aide certificate and the on-time and late renewal fees associated with that certificate. TEA anticipates losses of the $32 certificate fee, $10 on-time renewal fee, and $15 late fee will result in an approximate decrease in revenue of $680,000 in each year for FYs 2018-2021, as it may take that long for all individuals holding a current five-year certificate to reach their expiration date. TEA determined that implementation of the two-year educational aide certificate at $15, effective September 1, 2017, will allow the TEA to generate an estimated $360,000 in revenue increase in each year for FYs 2018-2021. The TEA determined that this change in fees for the educational aide certificate will eventually reach a point of being budget neutral and is intended to help mitigate the significant amount of time spent investigating and prosecuting misconduct for educational aides who have not worked in schools for many years.

Creation of a new intern certificate at $75, effective September 1, 2017, is estimated to produce an increase in revenue of $326,000 in each year for FYs 2018-2021. TEA recommends aligning the cost of this new certificate with the proposed fee changes for the probationary certificate and the current fee for the standard certificate ($75). The proposed $23 fee increase ($52 to $75) for the probationary certificate is expected to generate an estimated increase in revenue of $36,800 in each year for FYs 2018-2021. Proposed fees for these two certificates (intern and probationary) will account for the creation of the tiered licensure system and will align costs with the $75 fee already established for the standard certificate.

Creation of the new $160 fee related to the superintendent review of credentials would generate an estimated increase in revenue of $1,600 in each year for FYs 2018-2021. While TEA anticipates no more than 10 applicants annually, the fee is needed to cover the costs of staff reviewing credentials of individuals who lack a principal certificate, but have managerial experience in schools and want to enter a superintendent preparation program. The experience verified and approved by TEA staff would substitute for having a principal certificate.

Lastly, the proposed $23 fee increase ($52 to $75) will better cover staff time associated with processing visiting international teacher certificates. There is an anticipated increase in revenue of $6,000 in each year for FYs 2018-2021.

In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed rule actions would be the continuation of rules relating to certification requirements, fees, procedures for testing and certificate issuance, educational aides, and permits for professional educator preparation and certification.

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 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States.

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

Marilyn Cook, Director
Educator Certification and Testing

Tim Miller, Director
Educator Preparation

Attachments:
I. Statutory Citations (PDF, 45KB)
II. Text of Proposed Revisions to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States (PDF, 204KB)