July 2016 Committee on School Initiatives Item 3

Review of Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions

July 22, 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 232, General Certification Provisions. The proposed amendments to 19 TAC §§232.7, 232.9, 232.11, 232.13, 232.15, 232.17, 232.19, 232.21, and 232.23 and the proposed repeal of 19 TAC §232.27 would implement the requirement from the 84th Texas Legislature, Regular Session, 2015, to allow educators to receive credit for completion of an instructional course on the use of an automated external defibrillator (AED) and would further clarify certificate renewal and continuing professional education (CPE) requirements.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 232, Subchapter A, is the Texas Education Code (TEC), §§21.003(a), 21.0031(f), 21.031, 21.041(b)(1)-(4) and (7)-(9), 21.054; 21.0541, as added by Senate Bill (SB) 382, 84th Texas Legislature, Regular Session, 2015; and the Texas Occupations Code (TOC), §55.002, as amended by SB 1307, 84th Texas Legislature, Regular Session, 2015; and §55.003, as amended by SB 1307, 84th Texas Legislature, Regular Session, 2015.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §§232.7, 232.9, 232.11, 232.13, 232.15, 232.17, 232.19, 232.21, and 232.23 and the proposed repeal of 19 TAC §232.27 would be August 28, 2016.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Current 19 TAC Chapter 232, General Certification Provisions, establishes the renewal requirements relating to types and classes of certificates issued, CPE, and national criminal history record information review.

The proposed revisions to 19 TAC Chapter 232, shown in Attachment II, identify necessary changes based on recent legislation passed during the 84th Texas Legislature, Regular Session, 2015, and reflect input received from the SBEC and Texas Education Agency (TEA) staff-convened stakeholder meetings.

§232.7. Requirements for Certificate Renewal

Language would be amended to delete subsection (c) that requires licensure, certification, or registration to be current and in good standing before career and technical education (CTE) certificates can be renewed. This rule change is necessary to ensure no classroom certificate area is treated differently from others as it relates to certificate renewal requirements. Because current CPE requirements state that at least 80% of the hours should be directly related to the certificate(s) being renewed, TEA staff believes that CTE certificate holders can maintain focused training in their area(s) of certification and remain current in the knowledge and skills necessary to successfully deliver instruction and positively influence student learning.

Since published as proposed, language in subsection (a)(2) would be moved to new subsection (b) to clarify the criteria by which TEA staff would administratively approve requests for hardship exemptions to renewal requirements because it would be more efficient for TEA staff to administratively approve hardship exemption requests than for each request to be approved by the SBEC. Current subsection (b) would be relettered accordingly. In addition, subsection (e), which requires the staying of a renewal while an educator who is a respondent in a disciplinary proceeding is waiting for the resolution of the disciplinary action, would be deleted so that educators are not sanctioned before a disciplinary proceeding is completed.

§232.9. Inactive Status and Late Renewal

Language would be amended in subsection (d) to require a person whose certificate has become inactive because of failure to renew to verify through an affidavit that the person is in compliance with renewal requirements. Proposed new subsection (e) would confirm TEA staff is responsible for completing audits of educator CPE hours. The auditing procedures would be dependent on the availability of TEA resources and may include random audits. TEA staff will be responsible for contacting educators directly and providing them with all information needed to submit required documentation for completion of certificate renewal audits. The language would also confirm that the TEA staff may require written documentation of all activities applied toward CPE requirements. These proposed changes would clarify the process to reactivate an inactive certificate as well as the process that TEA staff would use to verify that the renewal requirements have been met.

Since published as proposed, language from subsection (b) would be amended and included in subsection (a) to clarify the actions taken by TEA staff and an educator when a certificate is placed on inactive status. This rule change is necessary because it was not clear when TEA staff needed to notify an educator regarding an inactive certificate. Language would also be amended in subsection (a) to remove the reference to procedures adopted by TEA staff because the language is redundant to the application process that is referenced in this subsection. Subsection (b) would be deleted because the procedures approved by SBEC are redundant to the TEA staff notification process described in subsection (a). Language would be amended in subsection (a) to clarify that TEA staff would administratively approve reactivation requests based on the requirements described in 19 TAC §232.7 because it would be more efficient for TEA staff to administratively approve reactivation requests than for each request to be approved by the SBEC. Language would be amended in proposed new subsection (c) to remove the reference to the manner by which an individual would verify that he or she is in compliance with renewal requirements because the language is redundant to the affidavit process that is referenced in this subsection. In addition, proposed subsection (f), which restates other rules regarding educator certification sanctions related to falsifying information submitted on a renewal affidavit, would be deleted because the language is redundant to rules described in 19 TAC Chapter 249.

§232.11. Number and Content of Required Continuing Professional Education Hours

Language would be amended in subsection (c) to clarify that at least 80% of the required CPE activities be directly related to the renewal of the certificate(s) being renewed and focus on the standards required for initial issuance of the certificate(s). As a result of SB 382, 84th Texas Legislature, Regular Session, 2015, proposed new subsection (h) would be added to allow an educator to receive credit toward CPE requirements by completing an instructional course on the use of an AED that meets specified AED training guidelines. Proposed new subsection (i) would allow educators to receive CPE credit for completing suicide prevention training that meets the guidelines in the TEC, §21.451, as amended by House Bill 2186, 84th Texas Legislature, Regular Session, 2015.

Since published as proposed, a minor technical edit would be made in subsections (h) and (i) to change the word towards to toward.

§232.13. Number of Required Continuing Professional Education Hours by Classes of Certificates

Language would be amended in subsections (c) and (d) to match current wording in subsections (e), (f), and (g) that clearly states the 200-clock hour CPE requirement. Language would also be amended in subsections (c) and (d) to reference the renewal requirements that are specific to the school counselor and school librarian certificates. These proposed changes would clarify and align the requirements for certification renewal.

§232.15. Types of Acceptable Continuing Professional Education Activities

Language would be amended in subsection (a)(1) and (3) to clarify that the activities need to be in the content area knowledge and skills related to the certificate(s) being renewed. This proposed change would align the types of acceptable CPE activities.

§232.17. Pre-Approved Professional Education Provider or Sponsor

Language would be amended in subsection (a)(5) to include Texas public open-enrollment charter schools to the list of pre-approved professional education providers or sponsors. This proposed change would allow certified educators employed by an open-enrollment charter school to receive CPE credit for acceptable CPE activities provided by their employer.

§232.19. Approval of Private Companies, Private Entities, and Individuals

Language would be amended to clarify that this section is only for private companies, private entities, and individuals who seek to provide CPE on their own behalf and not through the sponsorship of a pre-approved provider or sponsor.

§232.21. Provider Registration Requirements

Language would be amended in subsection (c) to require providers to maintain a record of CPE activity for a period of seven years after the activity. This proposed change would assist TEA staff in confirming CPE credits when auditing an educator's renewal requirements. Language would be amended in subsection (d) to clarify that the withdrawal of approval to provide CPE does not entitle a provider or sponsor to a contested-case hearing before the SBEC. Proposed new subsection (f) would allow TEA staff to review the documentation that is required for provider or sponsor approval. If TEA staff determines that a provider or sponsor is operating in violation of applicable laws or rules, the TEA staff may withdraw the approval that had been granted.

Since published as proposed, in response to stakeholder input, subsection (g) would be added to specify the procedures and jurisdiction for investigating complaints and/or violations of any applicable provision under this chapter as it relates to a CPE provider or sponsor approval. This rule change is necessary because it would allow a provider or sponsor an opportunity to respond to alleged violations of rule before a final decision regarding the allegations is made. Also since published as proposed, language would be amended in subsection (e) to clarify that violations of rules in this chapter could result in the withdrawal of approval to provide continuing professional education. This rule change is necessary because it would define the jurisdiction of TEA staff in investigating alleged violations. Language would also be amended in subsections (e) and (f) to clarify that a provider or sponsor must come into compliance with the provisions of this chapter in order to be eligible for approval. This rule change would be congruent with subsection (g).

§232.23. Verification of Renewal Requirements

Current subsection (c) would be replaced to confirm that TEA staff is responsible for completing audits of educator CPE hours. The auditing procedures would be dependent on the availability of TEA resources and may include random audits. TEA staff would be responsible for contacting educators directly and providing them with all information needed to submit required documentation for completion of certificate renewal audits. The language would also confirm that the TEA staff may require written documentation of all activities applied toward CPE requirements. Language in subsection (b) would be moved to proposed new subsection (d).

Since published as proposed, subsection (d), which restates other rules regarding educator certification sanctions related to falsifying information submitted on a renewal affidavit, would be deleted because the language is redundant to rules described in 19 TAC Chapter 249.

§232.27. Renewal and Continuing Education Requirements for Military Service Members

Language would be amended to repeal this section and move it under proposed new 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans. Proposed new Chapter 234 would address recent legislation, consolidate rules specific to the military community into one chapter, and streamline future military-related rulemaking opportunities. There is a separate item on the agenda for the review of the proposed new military chapter.

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.

PUBLIC AND STUDENT BENEFIT: The public and student benefit of the proposed rule actions would be clarified certificate renewal requirements relating to the types and classes of certificates issued and a safer school environment through national criminal history record information review of active certificate holders.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed rule actions would have no reporting requirements; however, there would be procedural implications. The proposed amendments to 19 TAC §232.9 and §232.23 would clarify that an educator must provide TEA staff with documentation if an educator's certification renewal record is selected for an audit. The documentation may include the documentation described in §232.15, Types of Acceptable Continuing Professional Education Activities, and §232.21, Provider Registration Requirements, but, at the minimum, it would include a summary CPE worksheet.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule actions would clarify locally maintained paperwork requirements for CPE providers. The proposed amendment to 19 TAC §232.21 does not change the documentation requirements for what CPE providers need to maintain regarding CPE activity, but would add a seven-year retention period requirement for CPE providers after a CPE activity is provided. The proposed amendment to 19 TAC §232.21 would clarify that TEA staff may review the documentation required for CPE provider registration.

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 232, General Certification Provisions.

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

Tim Miller, Director
Educator Preparation

Attachments:
I. Statutory Citations (PDF, 27KB)
II. Text of Proposed Revisions to 19 TAC Chapter 232, General Certification Provisions (PDF, 68KB)