November 2016 Committee on School Initiatives Item 8

Review of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates

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 amend 19 TAC Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments to 19 TAC §§233.5, 233.8, 233.10, and 233.14 would update the list of courses eligible to be taught with these certificates, identify any additional requirements to obtain certification, provide guidance to districts on special education assignments, and establish a new Dance: Grades 6-12 certificate.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 233 is the Texas Education Code (TEC), §§21.003(a), 21.031, 21.041(b)(1)-(4) and (6), 21.044(e) and (f), and 21.048(a).

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, authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.

TEC, §21.041(b)(1), 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)(6), 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), 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 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, §21.048(a), 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.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §§233.5, 233.8, 233.10, and 233.14 would be December 27, 2016.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The TEC, §21.041(b)(2), authorizes the SBEC to adopt rules that specify the classes of educator certificates to be issued, including emergency certificates. The SBEC rules in 19 TAC Chapter 233 establish the general categories of classroom teaching certificates, specific grade levels and subject areas of classroom certificates, and the general area(s) of assignments that may be taught by the holder of each certificate.

The proposed amendments to 19 TAC Chapter 233, shown in Attachment II, would amend language to expand the list of courses eligible to be taught by holders of specific certificates, would provide guidance to districts on special education assignments, and would establish a new standard certificate for Dance: Grades 6-12.

§233.5. Technology Applications and Computer Science

Language would be amended in subsection (c) to expand the list of courses referenced as eligible to be taught by individuals with computer science certification. Texas Education Agency (TEA) staff has worked closely with the TEA Curriculum Standards and Student Supports Division to confirm holders of the computer science certificate have the knowledge and skills necessary to teach the following courses for Grades 9-12: Computer Science I, II, and III; Digital Forensics; Robotics Programming and Design; Fundamentals of Computer Science; Advanced Placement Computer Science Principles; Game Programming and Design; and Mobile Application Development.

§233.8. Special Education

The proposed amendment to subsection (a) would specify that anyone delivering content instruction in a special education setting would be required to hold a special education certificate and a valid classroom certificate that matches the subject and grade level of the assignment. The addition of this requirement to also hold a valid classroom certificate parallels the federal requirements for special education that were implemented as part of the highly qualified (HQ) requirements under No Child Left Behind (NCLB). Effective with the 2016-2017 school year, federal requirements are no longer in place and districts must now rely solely on certification rules. The proposed amendment would clarify that individuals assigned to deliver content instruction in a special education setting must be certified in special education and the specific content area being taught. Numerous districts have expressed a need for guidance from the TEA and flexibility to address the critical staffing shortage of special education teachers.

In addition, language would be included to allow individuals to demonstrate competency through the state's 2010 and 2011 high objective uniform State standard of evaluation for elementary and secondary special education teachers as suggested by The Texas Council of Administrators of Special Education. These proposed changes in rule would be necessary to provide districts the ability to retain teachers already qualified for special education assignments under the federal requirements and ensure that students in special education settings continue to receive the support they need from teachers who have appropriate content knowledge. The proposed revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, which would also address eligibility for placement into special education assignments, is presented as a separate item in this agenda. The proposed change to 19 TAC §231.611 would include identical language.

Since published as proposed, a technical edit was made in subsection (a) to accurately refer to the high objective uniform State standard of evaluation for elementary and secondary special education teachers.

§233.10. Fine Arts

Proposed new subsection (e) would add the new certificate for Dance: Grades 6-12. Language had previously been amended in subsection (d) to specify that Dance, Middle School 1-3 courses for Grades 6-8 would be taught by the holder of a Dance: Grades 8-12 certificate. Language in subsection (d) would be added to establish a deadline of August 31, 2018, for candidates to complete all requirements for issuance of the last group of certificates for Dance: Grades 8-12 that the SBEC will issue and a deadline of October 30, 2018, for candidates and EPPs to submit completed applications to the TEA.

The proposed assignment for the new Dance: Grades 6-12 certificate is presented as part of a separate item in this agenda proposing revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, to ensure courses approved by the SBOE were included in SBEC rules and that the rules identified the appropriate teaching certificate needed for these course assignments. Initially, there were no plans to develop a new certification examination when the SBEC approved rule changes to allow the Dance: Grades 8-12 certificate to satisfy the requirement to teach Dance, Middle School 1-3 courses for Grades 6-8. However, now that a new certification examination for Dance: Grades 6-12 will be available in early 2017, a new Dance: Grades 6-12 certificate would need to be added to the rule. The proposed amendment would allow Dance: Grades 8-12 certificate holders to remain eligible to teach Dance, Middle School 1-3 courses for Grades 6-8. Once the Dance: Grades 6-12 examination and the Dance: Grades 6-12 certificate are available in 2017, all individuals seeking certification to teach Dance, Middle School 1-3 courses for Grades 6-8 must earn the Dance: Grades 6-12 certificate.

§233.14. Career and Technical Education (Certificates requiring experience and preparation in a skill area)

Language would be amended in subsection (h)(1) to add Health Science Technology Education: Grades 8-12, Health Science: Grades 6-12, and Trade and Industrial Education: Grades 6-12 to the list of career and technical education certificates eligible to pursue under the route of additional certification by examination. The requirements for Health Science certification mandated in the TEC must still be met, but individuals with the required licensure and years of experience that already hold classroom certification in another area will have a new option for pursuing this certification. TEA staff understands the increased demand on districts to provide trade and industrial education (TIE) classes and the ongoing challenges that districts continue to face with staffing individuals for TIE assignments. While it remains critical that individuals assigned to teach TIE courses know their trade and have experience in the area, the proposed amendment would offer more flexibility in obtaining TIE certification for individuals already certified in another classroom certificate area. Prior to receiving approval to take the Trade and Industrial Education Pedagogy and Professional Responsibilities test, individuals must obtain support from a district to verify they have the appropriate work experience and licensure for the specific trade. The proposed changes regarding health science technology education, health science, and trade and industrial education are included in the proposed revisions to 19 TAC Chapter 230, Professional Educator Preparation and Certification, which is presented as a separate item in this agenda, that would address the list of certificates eligible to be obtained through additional certification by examination.

In addition, language in §233.14(f) would be modified to remove dates that would have passed by the effective date of the proposed amendments.

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: 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 rule actions. 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 amendments to 19 TAC §§233.5, 233.8, 233.10, and 233.14 would be the continued issuance of classroom teaching certificates to eligible individuals.

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

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule actions 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 amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates.
 
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, 17KB)
II. Text of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates (PDF, 42KB)