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

April 8, 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 233, Categories of Classroom Teaching Certificates. The proposed amendments to 19 TAC §§233.1, 233.3-233.5, 233.7, 233.10, 233.14, and 233.15 would update the list of classroom certificates that either are eligible for issuance or that would continue to be recognized if they were issued prior to being phased out. Proposed new 19 TAC §233.17 would establish a new Junior Reserve Officer Training Corps: 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), 21.048(a), 21.0487, as added by Senate Bill 1309, 84th Texas Legislature, Regular Session, 2015, 21.050, 22.0831(f), and 29.061(b-1) and (b-2), as amended by House Bill 218, 84th Texas Legislature, Regular Session, 2015.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §§233.1, 233.3-233.5, 233.7, 233.10, 233.14, and 233.15 and proposed new 19 TAC §233.17 would be May 15, 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 are organized by subsection and 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 revisions to 19 TAC Chapter 233, shown in Attachment II, would amend language relating to certificates that no longer are issued and would establish a new standard Junior Reserve Officer Training Corps: Grades 6-12 certificate.

§233.1. General Authority

Language would be amended to expand subsection (e) to include "oral or communication proficiency examination in the target language" to clarify all testing requirements needed for certificate areas such as bilingual, visually impaired, and deaf and hard of hearing.
 
§233.3. English Language Arts and Reading; Social Studies

Language would be amended in subsections (d), (f), and (h), which reference the certificates for English Language Arts and Reading: Grades 8-12, Social Studies: Grades 8-12, and History: Grades 8-12, which will be issued for the last time in 2015. The Grades 7-12 certificates replace each of these certificate areas, and the individuals issued these Grades 8-12 certificates are still eligible to teach with that credential. Remaining subsections would be relettered accordingly.

§233.4. Mathematics; Science

Language would be amended in subsections (d), (f), (h), (j), and (p), which reference the certificates for Mathematics: Grades 8-12, Science: Grades 8-12, Life Science: Grades 8-12, Physical Science: Grades 8-12, and Chemistry: Grades 8-12, which will be issued for the last time in 2015. A Grades 7-12 or Grades 6-12 certificate replaces each of these certificate areas, and the individuals issued these Grades 8-12 certificates are still eligible to teach with that credential. Remaining subsections would be relettered accordingly.

§233.5. Technology Applications and Computer Science

Language would be amended in subsection (b), Technology Applications: Grades 7-12, since the majority of educator preparation programs (EPPs) already offer the Technology Applications: Early Childhood-Grade 12 certificate. When the current Technology Applications: Grades 8-12 certificate is no longer issued, the one remaining technology applications certificate covering all grade levels should be sufficient for classroom assignment coverage. The individuals issued these Grades 8-12 certificates are still eligible to teach with that credential. Remaining subsections would be relettered accordingly.

§233.7. English as a Second Language

As a result of House Bill 218, 84th Texas Legislature, Regular Session, 2015, language would be amended to address certification requirements for teachers assigned to provide only the English component of a dual language immersion/one-way or two-way bilingual education program model for prekindergarten-Grade 6.

§233.10. Fine Arts

Language would be amended in subsection (c) to specify that Musical Theatre would be taught by the holder of a Theatre: Early Childhood-Grade 12 certificate. Language would also be 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. These proposed changes have already been incorporated into 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, to ensure courses approved by the SBOE are included in SBEC rules and that the rules identify the appropriate teaching certificate needed for these course assignments. The Dance: Grades 8-12 certificate satisfies the requirement to teach Dance, Middle School 1-3 courses for Grades 6-8. It also ensures that all levels of middle school dance can be taught by certified dance instructors.
 
§233.14. Career and Technical Education (Certificates requiring experience and preparation in a skill area)

Language would be amended in subsections (f) and (g) to align required years of full-time, wage-earning experience for the Trade and Industrial Education: Grades 8-12 and Trade and Industrial Education: Grades 6-12 certificates. In October 2015, staff presented a discussion item with a new option for individuals with a bachelor's degree only in a specific work approval area to be eligible for admission into an approved EPP for Trade and Industrial Education certification. TEA staff has not included this option in the proposed amendment to 19 TAC §233.14 at this time to give further review of this issue, implications of this change, and the possible impact on other career and technical education areas. TEA staff will work with the Texas Higher Education Coordinating Board, TEA Curriculum staff, and other key stakeholders to fully vet these issues and will present proposed changes for further discussion and possible rule changes at a future meeting.

§233.15. Languages Other Than English

Language would be amended to delete subsection (k) that references the Secondary Latin certificate issued for the last time in 2012. Language would also be amended to add two new certificate areas for Korean: Early Childhood-Grade 12 and Portuguese: Early Childhood-Grade 12 in response to stakeholder feedback. Remaining subsections would be relettered accordingly.

§233.17. Junior Reserve Officer Training Corps

As a result of Senate Bill 1309, 84th Texas Legislature, Regular Session, 2015, proposed new 19 TAC §233.17 would be added to establish certification requirements for the new five-year standard certificate for Junior Reserve Officer Training Corps: Grades 6-12.

SBOE Review of Proposed SBEC Rules

Under the 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, but may not modify a rule. The rules take effect as rules of the SBEC if the SBOE fails to review the rules contained in this item by April 14, 2016, which is the 90th day after the date the SBOE first received the proposed rules.

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 anticipated as a result of proposed revisions to 19 TAC Chapter 233 would be the continuation of guidelines for categories of classroom teaching certificates.

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

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

PUBLIC COMMENTS: None.

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 233, Categories of Classroom Teaching Certificates.

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

Marilyn Cook, Director
Educator Certification

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

Attachments:
I. Statutory Citations (PDF, 26KB)
II. Text of Proposed Revisions to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates (PDF, 75KB)