July 2016 Committee on School Initiatives Item 4

Review of Proposed New 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans

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 establish new 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans. The proposed new chapter would address recent legislation, consolidate rules specific to the military community into one chapter, and streamline future military-related rulemaking opportunities.

STATUTORY AUTHORITY: The statutory authority for proposed new 19 TAC Chapter 234 is the Texas Education Code (TEC), §§21.041(b)(2) and (4); 21.044(a); and 21.054, as amended by Senate Bill (SB) 1296, 84th Texas Legislature, Regular Session, 2015; and Texas Occupations Code, §§55.001-55.003, 55.005, and 55.006, as amended by SB 1307, 84th Texas Legislature, Regular Session, 2015; 55.004, as amended by SB 1307 and House Bill (HB) 3742, 84th Texas Legislature, Regular Session, 2015; 55.007; 55.008, as amended by SB 1296 and SB 1307, 84th Texas Legislature, Regular Session, 2015; and 55.009, as added by SB 807 and SB 1307, 84th Texas Legislature, Regular Session, 2015.

EFFECTIVE DATE: The proposed effective date of proposed new 19 TAC Chapter 234 would be August 28, 2016.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The 84th Texas Legislature, Regular Session, 2015, passed SB 807, which requires all state licensing agencies to adopt rules that implement the requirements of the Texas Occupations Code, Chapter 55, regarding the licensing of military service members, military spouses, and military veterans and the waiving of licensing and application fees paid to the state. The 84th Texas Legislature also passed SB 1307, which clarifies definitions of military spouses and military veterans in key sections of the Texas Occupations Code, allows for the adoption of rules to establish alternative methods for military groups to meet requirements for licensure, grants the executive director of a state agency to review applicant credentials and waive requirements for licensure, and incorporates the use of verified military service to satisfy apprenticeship requirements for licensure.

In addition, the 84th Texas Legislature passed HB 2014, which allows military service members seeking certification in career and technical education to substitute experience in a particular trade for the license or professional credential in the specific trade.

Proposed new 19 TAC Chapter 234, shown in Attachment II, would consolidate all military-related provisions into one chapter. The military-related provisions currently outlined in 19 TAC §230.15, Certification of Military Service Members, Military Spouses, and Military Veterans, and 19 TAC §232.27, Renewal and Continuing Education Requirements for Military Service Members, would be repealed as applicable from 19 TAC Chapter 230 and 19 TAC Chapter 232. These provisions would be incorporated into the new military chapter as proposed new 19 TAC §234.5 and 19 TAC §234.7, respectively. Proposed new 19 TAC §234.5(g) and (h) would satisfy the provisions in SB 807 and align with current SBEC rules.

Proposed new 19 TAC Chapter 234 would also streamline future military-related rulemaking opportunities by having all military-related provisions in one chapter.

FISCAL IMPACT: The TEA staff has determined that there will be fiscal implications for state government as a result of enforcing or administering the proposed new sections.

The estimated cost to the state (TEA) begins with Fiscal Year (FY) 2016 based on the September 1, 2015 effective date of SB 807, 84th Texas Legislature, Regular Session, 2015. Based on current tracking of legislation effective September 1, 2015, the TEA estimates the number of individuals that would apply for certification at 500 for FY 2016, 550 for FY 2017, 605 for FY 2018, 665 for FY 2019, and 731 for FY 2020. The TEA estimates that approximately 75% would apply through the out-of-state route to certification while 25% would apply through the educator preparation program (EPP) route to certification.

For the TEA, the total estimated cost would be $143,500 for FY 2016, $157,940 for FY 2017, $173,500 for FY 2018, $190,720 for FY 2019, and $209,752 for FY 2020. The total estimated cost for each year of FY 2016-FY 2020 is based on fees for the out-of-state route to certification (test fees of $22, credential review fee of $180, and certificate issuance fees of $52 and $78) and the EPP route to certification (test fees of $22 and certificate issuance fees of $52 and $78).

For the TEA, the estimated loss in revenue would be $143,500 for FY 2016, $157,940 for FY 2017, $173,500 for FY 2018, $190,720 for FY 2019, and $209,752 for FY 2020. This estimate is based on the fees that the TEA would not be collecting.

The TEA staff has determined that there is no additional fiscal impact on local government as a result of enforcing or administering the proposed new sections.

There is an anticipated economic savings to persons who are required to comply with the proposed new sections. For individuals (military service members, military spouses, and military veterans) not required under SB 807 to pay certification fees, the total estimated savings would be approximately $143,500 for FY 2016, $157,940 for FY 2017, $173,500 for FY 2018, $190,720 for FY 2019, and $209,752 for FY 2020. Based on current fees an individual would save $152 or $332 depending on the route to certification.

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 new 19 TAC Chapter 234 would be implementing statutory provisions for expediting and facilitating the educator certification of military service members, military spouses, and military veterans.

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

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule actions 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 proposed new 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans.

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, 37KB)
II. Text of Proposed New 19 TAC Chapter 234, Military Service Members, Military Spouses, and Military Veterans (PDF, 22KB)