November 2016 Committee on School Initiatives Item 5

Review of Proposed Revisions to 19 TAC Chapter 228,
Requirements for Educator Preparation Programs

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 228, Requirements for Educator Preparation Programs. The proposed amendments to 19 TAC §§228.2, 228.10, 228.20, 228.30, 228.35, 228.40, 228.50, 228.60, and 228.70 and proposed new 19 TAC §228.15 and §228.17 would include changes as the result of recent legislative changes, SBEC input, stakeholder input, and input received from staff at the Texas Education Agency (TEA). Chapter 228 encompasses all the requirements that each educator preparation program (EPP) must provide to prospective teachers to ensure they are prepared sufficiently.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 228 is the Texas Education Code (TEC), §§21.031; 21.041(b)(1) and (2); 21.044(a), (b), (c-1), and (g); 21.0443; 21.045(a); 21.0453; 21.0454; 21.0455; 21.048(a); 21.0487(c)(2)(B); 21.049; 21.050(a) and (c); and 21.051.

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, §21.044(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(b), requires a person seeking certification that requires a bachelor's degree to receive training in dyslexia.

TEC, §21.044(c-1), requires a person seeking certification that requires a bachelor's degree to receive training in mental health, substance abuse, and suicide prevention.

TEC, §21.044(g), requires each EPP to provide certain information related to performance of the EPP, the importance of building strong classroom management skills, the framework for teacher and principal evaluation, the skills that educators are required to possess, the responsibilities that educators are required to accept, and the high expectations for students.

TEC, §21.0443, states that the SBEC shall propose rules to establish standards to govern the approval or renewal of approval of EPPs and certification fields authorized to be offered by an EPP. To be eligible for approval or renewal of approval, an EPP must adequately prepare candidates for educator certification and meet the standards and requirements of the SBEC. The SBEC shall require that each EPP be reviewed for renewal of approval at least every five years. The SBEC shall adopt an evaluation process to be used in reviewing an EPP for renewal of approval.

TEC, §21.045(a), states that the board shall propose rules establishing standards to govern the continuing accountability of all EPPs.

TEC, §21.0453, states that the SBEC may propose rules as necessary to ensure that all EPPs provide candidates with accurate information.

TEC, §21.0454, states the SBEC shall propose rules necessary to develop a set of risk factors to use in assessing the overall risk level of each EPP.

TEC, §21.0455, states the SBEC shall propose rules necessary to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency.

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

TEC, §21.0487(c)(2)(B), requires the SBEC to propose rules to establish requirements under which a person's employment by a school district as a Junior Reserve Officer Training Corps instructor before the person was enrolled in an EPP or while the person is enrolled in an EPP is applied to satisfy any student teaching, internship, or field-based experience program requirement.

TEC, §21.049, authorizes the SBEC to propose rules providing for educator certification programs as an alternative to traditional EPPs.

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 the TEC, Chapter 28, Subchapter A.

TEC, §21.050(c), states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate.

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 is actively engaged at an approved school in instructional or educational activities under supervision.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §§228.2, 228.10, 228.20, 228.30, 228.35, 228.40, 228.50, 228.60, and 228.70 and proposed new 19 TAC §228.15 and §228.17 would be December 27, 2016.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The SBEC rules in 19 TAC Chapter 228 establish requirements for EPPs to prepare candidates to teach Texas schoolchildren. 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. The TEC, §21.049, authorizes the SBEC to propose rules providing for educator certification programs as an alternative to traditional EPPs.

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 228, 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 SBEC 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 staff could 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 228, Requirements for Educator Preparation Programs. The proposed rules, 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.

§228.2, Definitions

This section defines key terms that share common meaning across several certification and educator preparation rules within the Texas Administrative Code (TAC). The SBEC's goal is to ensure there is a common understanding of frequently used terms resulting in accurate and effective communication and alignment throughout the state between EPPs, school districts, educators, candidates for certification, and other stakeholders.

The definition of field supervisor would be amended to define more clearly the criteria an EPP must use in hiring a field supervisor. The current definition only requires a field supervisor applicant to hold a current certification to observe candidates, monitor their performance, and provide constructive feedback to improve their effectiveness as educators. The amendment would clarify that a field supervisor must have at least three years of experience as an accomplished educator as shown by student learning. Evidence of student learning includes evaluations that include evidence of student learning, campus or district reports that include evidence of student learning, and/or letters of recommendation that include evidence of student learning. The amendment would clarify that a field supervisor must hold a current certification in the certification class in which supervision is provided. A field supervisor with experience as a principal and who holds a current certificate that is appropriate for a principal assignment may supervise principal, classroom teacher, master teacher, and reading specialist candidates. A field supervisor with experience as a superintendent and who holds a current certificate that is appropriate for a superintendent assignment may supervise superintendent, principal, classroom teacher, master teacher, and reading specialist candidates. If an individual is not currently certified, the amendment would clarify that an individual must hold at least a master's degree in the academic area or field related to the certification class for which supervision is being provided and comply with the same number, content, and type of continuing professional education requirements for the certification class for which supervision is being provided. The amendment would clarify that a field supervisor cannot be employed by the same school where the candidate being supervised is completing his or her clinical teaching, internship, or practicum. The amendment would also clarify that a field supervisor cannot also serve as a candidate's mentor, cooperating teacher, or site supervisor. Because the field supervisor fulfills an essential role in preparing educators, creating and clarifying criteria for the selection of field supervisors would improve the preparation of educators and provide consistency among preparation programs.

The definition of post-baccalaureate program would be amended to differentiate it from the definition of alternative certification program. The amendment would clarify that a post-baccalaureate program at an institution of higher education (IHE) would provide educator preparation for individuals who are seeking a degree beyond a bachelor's degree along with certification as an educator. The amendment would clarify that an alternative certification program at an IHE would provide educator preparation for individuals who are only seeking certification as an educator and not another degree. By amending the definition in this way, consumer information regarding the performance of EPPs would be more accurate.

The definitions of accredited institution of higher education, benchmarks, certification category, certification class, classroom teacher, contingency admission, formal admission, initial certification, intern certificate, probationary certificate, school day, and school year would be added. These additional definitions are necessary to provide clarity to new terms that are being proposed and existing terms.

The definitions of alternative certification program, candidate, clock hours, and educator preparation program would be amended to align these definitions with other chapters in the TAC. The definitions of clinical teaching, internship, and practicum would be amended to reflect possible revisions in 19 TAC Chapter 228. The definition of field-based experience would also be amended to clarify that field-based experiences are a requirement for the classroom teacher class of certificate and that observations of classrooms are the minimum requirement for field-based experiences. Because field-based experiences fulfill an essential role in preparing educators, clarifying the minimum criteria as opposed to "active engagement in instructional activities or educational activities under supervision" that is required by the TEC, §21.051(b), would improve the preparation of educators and provide consistency among preparation programs.

The definition of cooperating teacher would be amended to define the responsibilities of the cooperating teacher. The responsibilities of the cooperating teacher (those assigned to assist candidates during clinical teaching) would be similar to those of a mentor (those assigned to assist candidates during internship) and a site supervisor (those assigned to assist candidates during practicum). The responsibilities would include guiding, assisting, and supporting a candidate during the candidate's clinical teaching in areas such as planning, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies. The definitions of cooperating teacher, mentor, and site supervisor would also be amended to require EPPs and school or district administrators to collaboratively select the individuals and require the individuals to be accomplished educators as shown by student learning. Evidence of student learning would include evaluations that include evidence of student learning, campus or district reports that include evidence of student learning, and/or letters of recommendation that include evidence of student learning. The amendment would require individuals to have at least three years of experience and require an individual serving as a cooperating teacher and mentor to be currently certified in the certification category for the clinical teaching or internship assignment. The amendment would require a site supervisor to be currently certified in the certification class for the practicum assignment. Because the cooperating teacher, mentor, and site supervisor fulfill essential roles in preparing educators, creating and clarifying criteria for the selection of individuals for these roles would improve the preparation of educators and provide consistency among preparation programs.

The definition of late hire would be amended to reflect more accurately when an individual would be considered a late hire and to decrease the number of candidates who are serving as a classroom teacher during an internship who have not completed the pre-internship requirements of coursework and field-based experiences. Candidates are currently considered a late hire if they are admitted to an EPP and hired by a school or district after June 15. Late hire candidates are not required to complete the 80 hours of coursework and 30 hours of field-based experiences prior to being hired as a classroom teacher. Candidates who do not qualify as a late hire would not be able to be hired as a classroom teacher under an intern or probationary certificate but may be hired by the school or district under an emergency permit, school district teaching permit, or as a substitute teacher. Because coursework and field-based experiences are essential components in preparing educators, changing the late hire date to limit the number of candidates hired as classroom teachers who have not completed the pre-internship requirements of coursework and field-based experiences would improve the recruiting, admission, and preparation practices of EPPs and the hiring practices of schools and districts.

The definition of professional certification would be removed because all of the certification classes, including the classroom teacher class, are considered a part of the education profession. The definition of teacher of record would also be removed because of the proposed use of the term classroom teacher throughout 19 TAC Chapter 228. Because classroom teacher is a broader term than teacher of record, all candidates seeking a classroom teacher certificate would be prepared to be a teacher of record even though a particular assignment as a classroom teacher may not require an individual to be responsible for evaluating student achievement and assigning grades.

In response to public comment, language was amended in 19 TAC §228.2(12), (23), and (30) to allow training for cooperating teachers, mentors, and site supervisors to be completed within three weeks of the cooperating teacher, mentor, or site supervisor being assigned to a candidate participating in clinical teaching, an internship, or a practicum. The previous language in the proposal required training to be completed prior to an assignment. By amending the language in this way, EPPs and school districts would have more flexibility in providing the required training to the cooperating teachers, mentors, and site supervisors who have been selected to guide, assist, and support candidates. In response to public comment, language was also amended in 19 TAC §228.2(22) to specify that an individual would be considered as a late hire if the individual has not been accepted into an EPP before the 45th day before the first day of instruction and who is hired for a teaching assignment by a school after the 45th day before the first day of instruction. The previous language in the proposal specified the late hire date as July 10. By amending the language in this way, the late hire designation would be more consistent and fair.

§228.10, Approval Process

The new entity approval process would be amended to include all the requirements of 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, 19 TAC Chapter 229, Accountability System for Educator Preparation Programs, and 19 TAC Chapter 230, Professional Educator Preparation and Certification, as well as specific sections of 19 TAC Chapter 228. These amendments would update the new entity approval process with the current expectations for EPPs. The updated program approval components would also be used to inform continuing entity approval reviews for existing EPPs.

The new entity approval process would also be amended to include a post-approval visit. The post-approval process is a current practice that allows TEA staff to confirm that a new EPP is implementing the approved program components.

The continuing entity approval process would be amended to include a figure that describes the evidence an EPP is expected to maintain for a period of five years regarding its compliance with EPP standards and requirements. The amendment would also include a requirement that EPPs ensure the security of information that is being maintained. Creating a figure that describes the evidence an EPP is expected to maintain regarding its compliance with EPP standards and requirements would provide clarity and consistency of what is expected for new program approvals and continuing entity approval reviews. Creating a requirement to ensure the security of information that is being maintained by the EPP would improve the safekeeping of confidential information and information that may be required to be provided as part of a continuing entity approval review.

Since published as proposed, several changes were made to the figure in 19 TAC §228.10(b)(1). Under Component II: Admission, the evidence listed for 19 TAC §227.10(e) would be changed from "approved vendor" to "approved entity" so that an approved EPP may evaluate foreign transcripts for out-of-country candidates. This would reflect the changes to 19 TAC §227.10(e) that the SBEC adopted at its August 2016 meeting. Under Component III: Curriculum, the evidence listed for 19 TAC §228.40(a) would be changed to combine the second and third examples into one example to minimize redundant examples of evidence. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for 19 TAC §228.35(g) would be changed to move "field supervisor logs" after the first example of evidence, allowing either of the first two examples to be acceptable evidence. This would provide more flexibility for programs to demonstrate compliance with this rule. Also under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for 19 TAC §228.35(g) and (h), relating to initial contact by a field supervisor, would be amended so that both sets of evidence are the same. This would provide consistency for field supervisors who provide support for classroom teacher candidates and field supervisors who provide support for candidates seeking certification in a certification class other than classroom teacher. In addition, under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for proposed 19 TAC §228.35(a)(4) would be retained and amended to allow coursework and training for late hire candidates to be provided by their school district or campus. Under Component VIII: Certification Procedures, the evidence listed for 19 TAC §§241.20, 239.20, 239.60, 239.84, and 239.93 would be changed from "official service record" to "service record" so that copies of official service records or documents produced by school districts that are similar to official service records can be used as evidence. This would provide more flexibility for programs to demonstrate compliance with this rule.

In response to public comment, several changes were made to the figure in 19 TAC §228.10(b)(1). Under Component II: Admission, the evidence listed for 19 TAC §227.10(a)(7) was amended to more clearly describe how an interview or other screening instrument should be evaluated as part of the admission process. The previous language in the proposal would have required an interview or other screening instrument to use a rubric with a cut score to evaluate a candidate. By amending the language to require a cut score or rubric that includes descriptions of levels of performance quality based on a coherent set of criteria, the description of the evidence will be clearer and more appropriate. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for proposed 19 TAC §228.35(a)(3) was amended so that attendance policies that require a certain level of attendance for a passing grade can be used to demonstrate that a candidate has completed coursework and training prior to completing an EPP. The previous language in the proposal would have required EPPs to maintain attendance records for each candidate. By amending the language in this way, EPPs would have more flexibility to demonstrate compliance with this rule. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for proposed 19 TAC §228.35(b)(1) was amended to clarify that candidate reflections of field-based experiences may be written or videotaped. The previous language in the proposal did not specify how the reflections needed to be demonstrated. This would provide more flexibility for programs to demonstrate compliance with this rule. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for proposed 19 TAC §228.35(e)(4) and (5) was amended to clarify that a statement of eligibility would only be required as evidence for a candidate participating in an internship. The previous language in the proposal would have required a statement of eligibility for clinical teaching assignments. By amending the language in this way, EPPs would be provided with more clarity to demonstrate compliance with this rule. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for proposed 19 TAC §228.2(12), (23), and (30) was amended to allow a form signed by a campus or district administrator attesting that a cooperating teacher, mentor, or site supervisor meets the certification, experience, and accomplishment as an educator criteria. The previous language in the proposal would have required EPPs to maintain copies of service records, certificates, and evidence of accomplishment as an educator. By amending the language in this way, EPPs would have less redundancy to demonstrate compliance with this rule. Under Component IV: Coursework, Training, Program Delivery, and Ongoing Support, the evidence listed for proposed 19 TAC §228.35(h) was amended to remove "field supervisor logs" as an example of evidence of field supervisors meeting certification, degree, and experience requirements. By amending the language in this way, EPPs would have less redundancy to demonstrate compliance with this rule.

The continuing entity approval process would be amended to include the EPP risk model and risk factors in proposed 19 TAC §228.10(b)(3) in accordance with TEC, §21.0454, as added by House Bill (HB) 2205, 84th Texas Legislature, Regular Session, 2015. These risk factors would determine the need for discretionary continuous approval reviews and the type of five-year continuous approval reviews.

§228.15, Program Consolidation or Closure

Proposed new 19 TAC §228.15 would be added to describe the procedures an EPP would need to follow for closure or consolidation. The proposed new rule is based on the procedures that TEA staff is currently using for EPPs that are closing or consolidating. The proposed new rule would require an EPP that is closing or consolidating to submit a letter on official letterhead to TEA staff signed by the legal authority of the EPP that contains a formal statement of consolidation or closing with an effective date of August 31 for consolidation or closure. The proposed new rule would require an EPP to contact candidates currently in the EPP with notification of consolidation or closure and the steps candidates must take in relation to their program status. The proposed new rule would require an EPP to maintain evidence of attempts to notify each candidate and require an EPP to provide and update a representative's name, electronic mail address, and telephone number that would be valid for five years after the EPP's closure to provide access to candidate records and responses to former candidate's questions and/or issues. If an EPP is consolidating, the candidate records would transfer to the new EPP. The proposed new rule would require an EPP to complete required SBEC and TEA actions such as required submissions of information, surveys, and other accountability data, removal of security accesses, and reconciliation of certification recommendations. The proposed new rule would prevent the chief operating officer, legal authority, or a member of the governing body of an EPP who fails to comply with the consolidation or closure procedures from being eligible to be recommended to the SBEC for approval as an EPP and would prevent the chief operating officer, legal authority, or a member of the governing body of an EPP that closes voluntarily due to pending TEA or SBEC action or involuntarily due to SBEC action from being eligible to be recommended to the SBEC for approval as an EPP. The proposed new rule would also allow TEA staff to recommend that the SBEC impose sanctions affecting the new EPP's accreditation status if an EPP is consolidating and fails to comply with the consolidation procedures. Adding this section to 19 TAC Chapter 228 would provide clear and consistent rules for programs to follow when closing or consolidating and provide support for candidates in programs that are closing or consolidating.

§228.17, Change of Ownership

Proposed new 19 TAC §228.17 would be added to define a change in ownership of an EPP as any agreement to transfer the control of an EPP. The control of an EPP is considered to have changed:

• in the case of ownership by an individual, when more than half of the EPP has been sold or transferred;
• in the case of ownership by a partnership or a corporation, when more than half of the owning partnership or corporation has been sold or transferred; or
• in the case of ownership by a board of directors, officers, shareholders, or similar governing body, when more than 50% of the ownership has changed.

In order for an EPP with new ownership to continue preparing educators, the new owners of the EPP must notify TEA staff of the ownership change in writing within 10 days of the change in ownership. Adding this section to 19 TAC Chapter 228 would provide clear and consistent rules for programs to follow when transferring ownership.

§228.20, Governance of Educator Preparation Programs

The proposed amendment relating to governance of EPPs would decrease the minimum number of times an advisory committee must meet each academic year from two to one and clarify that the EPP must inform each member of the advisory committee of the roles and responsibilities of the committee. The amendment would allow EPPs more flexibility in how the advisory committee assists in the design, delivery, evaluation, and major policy decisions of the EPP.

The proposed amendment would also clarify how an EPP may amend its program. To make changes to its program, an EPP would submit notification of a proposed amendment on a letter signed by the EPP's legally authorized agent or representative that explains the amendment, details the rationale for changes, and includes documents relevant to the amendment. If the EPP is rated "accredited" or "accredited-not rated," this notice must be sent to TEA staff 60 days prior to the EPP implementing the changes. If the EPP is not rated "accredited" or "accredited-not rated," this notice must be sent to TEA staff 120 days prior to the EPP implementing the changes, and the changes must be approved by TEA staff. The amendment would create a clear and efficient process for EPPs to amend program components.

This section would also be amended to require each EPP to develop and implement a calendar of program activities that must include a deadline for accepting candidates into a program cycle to assure adequate time for admission, coursework, training, and field-based experience requirements prior to a clinical teaching or internship experience. This amendment would provide applicants to an EPP with more information as to the expectations for adequate educator preparation.

In response to public comment, language was amended in 19 TAC §228.20(g) to require EPPs to develop and implement a calendar of program activities for candidates who are enrolled after a published admission deadline so that applicants are aware of what is required to be prepared for a clinical teaching or internship assignment. By amending the language in this way, all candidates will be informed of program expectations prior to being admitted to an EPP.

§228.30, Educator Preparation Curriculum

Because the educator preparation curriculum serves as the basis of the coursework and training that fulfills an essential role in preparing educators, 19 TAC §228.30 would be amended to improve the preparation of educators and provide consistency among preparation programs. This section would be amended to clarify which of the existing curriculum requirements are for all classes of certificates and which requirements are appropriate for a specific class of certificate. The curriculum requirements for the classroom teacher class of certificate would also be amended to include the English Language Proficiency Standards and, for certificate fields that include early childhood, the Prekindergarten Guidelines.

Curriculum requirements for all classes of certificates would be added to include the information required by the TEC, §21.044, as amended by HB 2012, 83rd Texas Legislature, Regular Session, 2013; and the TEC, §21.0453, as added by HB 2318, 83rd Texas Legislature, Regular Session, 2013. These requirements would include the skills that educators are required to possess, the responsibilities that educators are required to accept, and the high expectations for students; the importance of building strong classroom management skills; and the framework for teacher and principal evaluation. Curriculum requirements would be added to include mental health, substance abuse, and youth suicide training as required by the TEC, §21.044, as amended by Senate Bill (SB) 674, 84th Texas Legislature, Regular Session, 2015. A curriculum requirement for the principal class of certificate would also be added to include the skills and competencies captured in the Texas administrator standards as indicated in 19 TAC §149.2001, Principal Standards. This would align the principal class requirements with the classroom teacher class requirements that include the skills and competencies captured in the Texas administrator standards as indicated in 19 TAC §149.1001, Teacher Standards.

The TEC, §21.044, as amended by HB 2205, 84th Texas Legislature, Regular Session, 2015, requires all programs that provide training in certification areas that require a bachelor's degree to include training on the instruction of dyslexia. Changes to 19 TAC Chapter 228 are not necessary because the current rules as written comply with the change in law.

§228.35, Preparation Program Coursework and/or Training

Section 228.35 would be amended to clarify which of the existing coursework and training requirements are for all classes of certificates and which requirements are appropriate for a specific class of certificate. The coursework and training provisions for all classes would be amended to clarify that coursework and training must adequately prepare candidates for educator certification and that coursework and training must be sustained, rigorous, intensive, interactive, candidate-focused, and performance based.

Since published as proposed, the provision that allows up to 50 hours of an EPP's coursework and/or training to be provided by a school district or campus would be retained as new 19 TAC §228.35(a)(4) and amended to apply to candidates who are considered late hires. The coursework and/or training provided by a school district or campus would need to meet the criteria for staff development that is described in the TEC, §21.451. The coursework and/or training provided by a school district or campus would also need to be directly related to the certificate being sought. Because a late hire candidate must complete pre-internship coursework and training within 90 school days from the beginning of an internship assignment, allowing a portion of these hours to be provided by the school district or campus in which a candidate is employed would provide a more reasonable expectation for a candidate who is considered a late hire. For candidates who are not considered late hires, EPPs may require additional hours beyond the minimum requirement of 300 hours and allow school district or campus staff development to count toward these additional hours.

In accordance with the Texas Occupations Code, §55.007, a provision would be added that would allow an EPP to substitute prior or ongoing service, training, or education for educator certification requirements so that military service members and military veterans may credit verified military service, training, or education toward training, education, work experience, or related requirements for educator certification. The provision for candidates who are not military service members or military veterans would also be amended to substitute prior or ongoing service, training, or education if the service, training, or education was provided by an approved EPP or an accredited IHE within the past five years and is directly related to the certification being sought. This amendment would provide flexibility to EPPs and candidates while providing consistency among EPPs.

Because many EPPs are already either offering or planning to offer coursework and training online, a requirement would be added for EPPs that offer coursework and/or training online to meet standards for online coursework and training. EPPs at public and private universities must already meet Texas Higher Education Coordinating Board (THECB) standards for online coursework and training. Requiring EPPs to meet online accreditation or certification standards would improve the preparation of educators participating in online coursework and training and provide consistency among preparation programs offering online coursework and training.

The coursework and training provisions for the classroom teacher class of certificate would be amended to clarify that an EPP must provide a minimum of 300 hours of coursework and training. The number of coursework hours required before clinical teaching or an internship would also be increased from 80 to 150 hours and the content of these hours include 10 proficiencies that are based on the performance standards described in 19 TAC §149.1001, Teacher Standards. The coursework and training would require candidates to demonstrate proficiency in areas specified in proposed 19 TAC §228.35(b)(2).

The proposal to increase the hours and provide more specificity of the coursework and training would improve the quality of educator preparation for candidates who would be hired as a classroom teacher under an internship and candidates who would be working directly with students in the capacity of a clinical teacher. The coursework and training requirement would be equivalent to 10 semester credit hours at an accredited IHE. The content of the coursework and training requirement would be similar to the performance standards to be used to inform the training, appraisal, and professional development of all teachers. The proposals are based on the direction provided by SBEC members and input from a variety of stakeholders.

The EPP delivery provisions would be amended to clarify that an EPP must direct a candidate's participation in a field-based experience. The field-based experience provisions would also be amended so that the standards are similar for onsite experiences and those experiences provided by use of electronic transmission or other video or technology-based method. Because field-based experiences fulfill an essential role in preparing educators, clarifying these provisions would improve the preparation of educators and provide consistency among preparation programs.

The clinical teaching provisions would be amended to increase the 12-week clinical teaching experience to 14 weeks of at least 65 full days and increasing the 24-week clinical teaching experience to 28 weeks of at least 130 half days. By increasing the minimum standards for the length of clinical teaching, the amendment would improve the preparation of educators by providing clinical teachers with more opportunities to develop their knowledge and skills. The clinical teaching provisions would also be amended to require candidates to experience a full range of professional responsibilities that include the first several weeks of the school year through field-based experiences and/or clinical teaching. This amendment would allow candidates to observe how critical routines and procedures are established during the first part of the year.

In response to public comment, language was amended in 19 TAC §228.35(e)(2)(F) to clarify that the start of the school year is defined as the first 15 instructional days of the school year. By amending the language in this way, EPPs and schools would have more flexibility with determining when candidates need to observe how critical routines and procedures are established during the first part of the year.

The proposal also provides language that would allow the SBEC to approve an EPP request for an exception to the clinical teaching options described in rule. An exception request must include an alternative option that would adequately prepare candidates for educator certification and ensure the educator is effective in the classroom. An exception request must include the rationale and support for the alternative option, a full description and methodology of the alternative option, a description of the controls to maintain the delivery of equivalent and quality support for clinical teaching, and a description of the ongoing monitoring and evaluation process to ensure EPP objectives are met. By allowing an exception to the existing clinical teaching options, an innovative program can be allowed to pursue flexible and creative designs to accommodate the unique characteristics and needs of different regions of the state as well as the diverse population of potential educators.

The internship provisions would be amended to clarify that a candidate must hold an intern or probationary certificate while participating in an internship and must meet the requirements and conditions, including the subject matter knowledge requirement, to be eligible for an intern or probationary certificate. The clarification would address the proposed changes in 19 TAC Chapter 230 regarding the creation of an intern certificate.

In response to public comment, language was amended in 19 TAC §228.35(e)(2)(C)(ii) to clarify that the beginning date of an internship is the first day of instruction with students. By amending the language in this way, when an internship begins will be clearer so that the appropriate support can be provided by the mentor and field supervisor.

The internship provisions would be amended to allow for an additional internship assignment of less than a full day under conditions specified in proposed 19 TAC §228.35(e)(2)(C)(iii). This amendment would provide more flexibility for EPPs to meet the needs of schools and districts.

The internship provisions would also be amended to clarify that an EPP may recommend an additional internship year if the EPP certifies that the first internship was not successful, the EPP has developed a plan to address any deficiencies identified by the candidate and the candidate's field supervisor, and the EPP implements the plan during the additional internship. An EPP may also recommend an additional internship year if the EPP certifies that the first internship was successful and that the candidate is making satisfactory progress toward completing the EPP before the end of the additional internship. The amendment would also define an internship as successful when the field supervisor and supervising campus administrator recommend to the EPP that the candidate should be recommended for a standard certificate. The amendment would provide clear and consistent rules for programs to follow regarding recommending additional internships for candidates.

The internship provisions would also be amended to clarify that an EPP must provide ongoing support to a candidate for the full term of the initial or additional internship, unless, prior to the expiration of that term:

• a standard certificate is issued to the candidate during an additional internship;
• the candidate resigns, is non-renewed, or is terminated from the school assignment; or
• the candidate withdraws, is discharged, or is released from the EPP.

The amendment would also clarify how a candidate, an EPP, an employing school or district, and the TEA must be notified if a candidate resigns, is non-renewed, or is terminated from the school assignment or withdraws, is discharged, or is released from the EPP. The amendment would provide clear and consistent rules for providing ongoing support for candidates and improve communication between candidates, EPPs, schools and districts, and TEA staff in the event of a resignation, termination, withdrawal, release, or discharge.

The Head Start Program provisions would be amended to clarify that an internship or clinical teaching experience for certificates that include early childhood may be completed at a Head Start Program that meets the requirements. This amendment would address any future changes to the Early Childhood-Grade 6 certificate.

The internship, clinical teaching, and practicum provisions would be amended to prohibit an assignment in a setting where the candidate has an administrative role over or is related to the mentor, cooperating teacher, or site supervisor. This amendment would address inappropriate supervisory relationships. The amendment would also clarify that a practicum assignment must take place in an actual school setting rather than a distance education learning lab or virtual school setting. This amendment would align the practicum requirement with the existing requirements for clinical teaching and internships.

The practicum provisions would be amended to clarify that an intern or probationary certificate may be issued to a candidate in a certification class other than classroom teacher if the candidate meets the requirements of the EPP and the candidate meets the requirements and conditions, including the subject matter knowledge requirement, for the intern or probationary certificate. The clarification would address the proposed changes in 19 TAC Chapter 230 regarding the probationary certificate.

The practicum provisions would also be amended to clarify that an EPP may recommend an additional practicum if the EPP certifies that the first practicum was not successful, the EPP has developed a plan to address any deficiencies identified by the candidate and the candidate's field supervisor, and the EPP implements the plan during the additional practicum. An EPP may also recommend an additional practicum if the EPP certifies that the first practicum was successful and that the candidate is making satisfactory progress toward completing the EPP before the end of the additional practicum. The amendment would define a practicum as successful when the field supervisor and supervising campus administrator recommend to the EPP that the candidate should be recommended for a standard certificate. The amendment would provide clear and consistent rules for programs to follow regarding recommending additional practicums for candidates.

The mentor, cooperating teacher, and site supervisor provision would be amended to require that a site supervisor who is trained by the EPP be assigned to a practicum candidate. The amendment would also allow a regional education service center (ESC) to provide the required mentor, cooperating teacher, and/or site supervisor training. The amendment would align the requirements for the site supervisor with those that are in rule for the mentor and cooperating teacher. The amendment would also provide EPPs with more flexibility to ensure that mentors, cooperating teachers, and site supervisors have had the required training. This provision would also be amended to allow the EPP and campus or district administrator to assign an individual who most closely meets the cooperating teacher, mentor, or site supervisor criteria if an individual who meets the criteria is not available. The EPP and campus or district administrator must document the reason for selecting an individual that does not meet the criteria. The amendment would provide flexibility in selecting cooperating teachers, mentors, or site supervisors.

The provisions for ongoing support for teacher candidates would be amended to emphasize collaboration among the field supervisor, candidate, cooperating teacher, mentor, and supervising campus administrator. This amendment would underscore the joint responsibility of EPPs, schools, and districts to develop, deliver, and evaluate educator preparation. The amendment would require supervision provided on or after September 1, 2017, to be provided by a field supervisor who has completed TEA-approved observation training. This amendment would provide consistency among programs and align the supervision of candidates with the criteria used by schools and districts to develop and support teachers. The amendment would require an individualized pre-conference and an individualized and synchronous post-observation conference for each formal observation. This amendment is supported by systems of support such as the Texas Teacher Evaluation and Support System (T-TESS). The amendment would allow a formal observation by a field supervisor that was conducted in collaboration with school or district personnel to meet the requirements for ongoing support. The amendment would require the field supervisor to provide a copy of the written observation feedback to the cooperating teacher or mentor, but only require the field supervisor to provide a copy of the written observation feedback to the candidate's supervising campus administrator for an internship. This amendment would identify the most appropriate members of the collaboration team who would need to receive a copy of the written observation feedback. Because a candidate participating in an internship is a classroom teacher, it is appropriate for the candidate's campus supervisor to receive a copy of the written observation feedback.

The ongoing support for teacher candidate provisions would also be amended to increase the number of observations for a 28-week half-day clinical teaching experience from three to four. The amendment would increase the number of observations from three to five for an internship under an intern certificate or an additional internship under a probationary certificate due to an unsuccessful internship. The amendment would require three observations for an internship under a probationary certificate unless the probationary certificate was an extension due to an unsuccessful internship. For an internship under an intern certificate or an additional internship under a probationary certificate due to an unsuccessful internship that involves more than one certification category that cannot be taught concurrently during the same period of the school day, the amendment would require three observations to be provided for each assignment. For a first-year internship under a probationary certificate or an internship under a probationary certificate where the candidate has already had a successful internship experience, the amendment would require two observations for each assignment. For each type of assignment, the amendment would clarify when initial contacts and formal observations need to occur to provide consistency among EPPs. The amendment would increase the level of support at EPPs that currently provide a minimum of three observations and comports with the SBEC's request for policy options that focus on raising EPP standards, improving teacher preparation programs, and new and improved ways to train better teachers.

In response to public comment, language was amended in 19 TAC §228.35(g)(7) to specify when observations need to occur during an all-level clinical teaching assignment in more than one location. A minimum of two formal observations would need to occur during the first half of the assignment and a minimum of one observation would need to occur during the second half of the assignment. By amending the language in this way, field supervisor support during all-level clinical teaching assignments would be more appropriate.

Language would also be amended to address the ongoing support for school counselor, school librarian, principal, superintendent, educational diagnostician, reading specialist, and master teacher candidate provisions to emphasize collaboration between the field supervisor, candidate, and site supervisor. This amendment would underscore the joint responsibility of EPPs, schools, and districts to develop, deliver, and evaluate educator preparation. The amendment would require supervision provided on or after September 1, 2017, to be provided by a field supervisor who has completed TEA-approved observation training. This amendment would provide consistency among programs and align the supervision of candidates with the criteria used by schools and districts to develop and support teachers. The amendment would require an individualized pre-conference and an individualized and synchronous post-observation conference for each formal observation. This amendment is supported by systems of support such as the T-TESS. The amendment would also require the field supervisor to provide a copy of the written observation feedback to the site supervisor. The amendment would also require at least one of the observations to be conducted by the field supervisor on the candidate's site in a face-to-face setting. If a formal observation is not conducted on the candidate's site in a face-to-face setting, the observation may be provided by use of electronic transmission or other video or technology-based method. As EPPs continue to investigate and research the use of video-based observations, the amendment would clarify that at least one of the formal observations be on the candidate's site so that the field supervisor can have a better understanding of the environment in which the candidate is serving his or her practicum. The amendment would also clarify when initial contacts and formal observations need to occur to provide consistency among EPPs.

The exemption provisions would be amended to allow a candidate who was employed by a school or district as a Junior Reserve Officer Training Corps (JROTC) instructor before the person was enrolled in an EPP or is employed as a JROTC instructor while the person is enrolled in an EPP to be exempt from any student teaching, internship, or field-based experience program requirement, as required by the TEC, §21.0487(c)(2)(B), as added by SB 1309, 84th Texas Legislature, Regular Session, 2015.

§228.40, Assessment and Evaluation of Candidates for Certification and Program Improvement

Section 228.40 would be amended to clarify that unless a candidate demonstrates content knowledge on a content certification examination prior to being admitted to an EPP, an EPP is responsible for providing coursework and training that adequately prepares a candidate to pass the content certification examination(s) required for certification. If an EPP admits a candidate under the 12 or 15 semester credit criteria, the EPP must provide the coursework and training necessary for the candidate to pass the content certification examination(s) required for certification. If an EPP admits a candidate under the content certification examination criteria and the content certification examination used for admission is the same content certification examination used for certification, the EPP is not responsible for providing the coursework and training necessary for the candidate to pass the content certification examination(s) required for certification. The amendment would add language to allow an EPP to prepare a candidate and grant test approval for a classroom teacher certificate category other than the category for which the candidate was initially admitted to the EPP if the candidate requests the new category in writing. This amendment would provide more flexibility for schools and districts to hire interns who have met the subject matter requirement for an intern or probationary certificate. The amendment would clarify that an EPP shall determine the readiness of each candidate to take the appropriate certification examination(s). The current rule only requires an EPP to determine readiness for the Pedagogy and Professional Responsibilities examination. Because candidates are now limited to how many times they can attempt a certification examination, this provision would provide a higher level of support to candidates. The amendment would clarify that an EPP shall not grant test approval for a certification examination until a candidate has been contingently or formally admitted into a program. This amendment would align with the admission language in 19 TAC Chapter 227. The amendment would also clarify that an EPP must continuously evaluate the design and delivery of the approved program components based on performance data, scientifically-based research practices, and the results of internal and external feedback and assessments. Because the current rule only requires EPPs to evaluate their curriculum, this amendment would improve all aspects of preparation.

§228.50, Professional Conduct

Section 228.50 would be amended to include requiring an EPP to ensure that candidates and individuals preparing candidates understand the Educators' Code of Ethics. This amendment would foster a better understanding of the Educators' Code of Ethics by candidates and individuals preparing candidates.

§228.60, Implementation Date

Section 228.60 would be amended to remove language related to the temporary teaching certificate. The removal of the temporary teaching certificate from 19 TAC Chapter 230 is being proposed for adoption in a separate item in this agenda.

§228.70, Complaints and Investigations Procedures

Section 228.70 would be amended to clarify that a mentor, cooperating teacher, site supervisor, or administrator must be employed or have been employed at a site that serves as a site for clinical teaching, internship, or practicum experiences to be eligible to file a complaint against an EPP. This amendment would further define the jurisdiction of SBEC to investigate complaints that are directly related to an EPP. The TEC, §21.0455, as added by HB 2205, 84th Texas Legislature, Regular Session, 2015, requires the SBEC to propose rules necessary to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the TEA. HB 2205 also requires an EPP to notify candidates for teacher certification of this complaint process. Changes to 19 TAC Chapter 228 are not necessary because the current rules as written comply with the change in law.

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 228. The following fiscal implications are based on costs for state government (ESCs and public universities), local government (public community colleges, counties, open-enrollment charter schools, and school districts), persons (individuals), and small businesses and microbusinesses that operate EPPs for fiscal years (FYs) 2017-2021.

The proposed rule actions to 19 TAC Chapter 228 would require EPPs to meet standards for online coursework and increase the level of support provided to EPP candidates. The proposed rule actions would also require EPPs to hire field supervisors who have participated in TEA-approved training.

The TEA estimates the total costs for state government-operated EPPs at $620,600 in FY 2018, $622,800 in FY 2019, $631,000 in FY 2020, and $635,200 in FY 2021. The TEA estimates the total costs for local government-operated EPPs at $237,100 in FY 2018, $239,300 in FY 2019, $251,700 in FY 2020, and $253,900 in FY 2021. The TEA estimates the total costs for individuals at $344,800 in FY 2017 and $34,500 in each year for FYs 2018-2021. The TEA estimates the local employment impact at $2,741,000 in each year for FYs 2018-2021. The TEA estimates the total costs for small businesses and microbusinesses that operate EPPs at $1,616,400 in FY 2018, $1,620,800 in FY 2019, $1,639,300 in FY 2020, and $1,646,700 in FY 2021. For FY 2017, there would be no costs for EPPs or local employment impact because there would be no need to hire additional field supervisors.

The estimated costs for ESC EPPs to meet standards for online coursework is up to $7,300 per EPP over three years, and it is estimated that two ESC EPPs would begin the process of meeting these standards in FYs 2018-2020 and four additional ESC EPPs would begin the process of meeting these standards in FY 2021. If fewer ESC EPPs seek to offer online coursework, the estimated cost will be less. If more ESC EPPs begin the process of meeting standards sooner, the estimated cost would be more. Public university EPPs must already meet standards for online coursework. The estimated cost of increasing the level of support for state government EPPs (ECS and public university) is $150 per additional observation by a field supervisor. The estimated cost for state government EPPs to provide a minimum of five observations for teacher candidates participating in internships under intern certificates is $447,200 in each year for FYs 2018-2021. If more teacher candidates participate in internships under probationary certificates that only require three observations, the estimated cost for state government EPPs will be less. The estimated cost for state government EPPs to provide at least one observation for non-teacher candidates enrolled in state government EPPs that do not require any on-site and face-to-face observations is $169,200 in each year for FYs 2018-2021. For FY 2017, there would be no costs for hiring additional field supervisors and seeking online certification.

The TEA estimates that if ESCs provide the TEA-approved training at the cost of $125 per field supervisor, the estimated increase in revenue is $344,800 in FY 2017 and $34,500 in each year for FYs 2018-2021. If other organizations are approved by the TEA to offer the field supervisor training, this estimated revenue increase for state government will be lower.

The TEA estimates costs for local government EPPs to meet standards for online coursework is up to $7,300 per EPP over three years and it is estimated that two local government EPPs would begin the process of meeting these standards in FYs 2018-2019 and four additional local government EPPs would begin the process of meeting these standards in FYs 2020-2021. If fewer local government EPPs seek to offer online coursework, the estimated cost will be less. If more local government EPPs begin the process of meeting standards sooner, the estimated cost would be more. The estimated cost of increasing the level of support for local government EPPs (school district, charter school, community college, and county) is $150 per additional observation by a field supervisor. The estimated cost for local government EPPs to provide a minimum of five observations for teacher candidates participating in internships under intern certificates is $232,900 in each year for FYs 2018-2021. If more teacher candidates participate in internships under probationary certificates that only require three observations, the estimated cost for local government EPPs will be less. For FY 2017, there would be no costs for hiring additional field supervisors and seeking online certification.

The TEA estimates costs for individuals for trained field supervisors, if the TEA-approved training is provided at the cost of $125 per field supervisor by ESCs, at $344,800 in FY 2017 and $34,500 in each year for FYs 2018-2021. If other organizations are approved by the TEA to offer the field supervisor training, this estimated cost to persons will be higher or lower depending on the cost of the training.

The estimated increase in local employment throughout the state is $150 per additional observation by a field supervisor. The estimated employee increase to provide a minimum of five observations by a field supervisor for teacher candidates and at least one observation by a field supervisor for non-teacher candidates is $2,741,000 in each year for FYs 2018-2021. The estimated employee increase to provide at least one observation for non-teacher candidates enrolled in EPPs that do not require any on-site and face-to-face observations is $169,200 in each year for FYs 2018-2021. These estimates include field supervisors who are hired by state government, local government, small business, microbusiness, private university, and non-profit EPPs. If more teacher candidates participate in internships under probationary certificates that only require three observations, the estimated employee increase will be less. By ESC geographic area, the local employment impact for each year of FYs 2018-2021 would be as follows: $333,000 for Region 1; $106,000 for Region 2; $77,000 for Region 3; $285,000 for Region 4; $89,000 for Region 5; $90,000 for Region 6; $112,000 for Region 7; $73,000 for Region 8; $73,000 for Region 9; $284,000 for Region 10; $258,000 for Region 11; $122,000 for Region 12; $75,000 for Region 13; $79,000 for Region 14; $87,000 for Region 15; $122,000 for Region 16; $75,000 for Region 17; $117,000 for Region 18; $87,000 for Region 19; and $210,000 for Region 20. For FY 2017, there would be no local employment impact because there would be no need to hire additional field supervisors.

There would be an anticipated economic impact for small businesses and microbusinesses that serve as approved EPPs. It is estimated that the proposed rule actions to 19 TAC Chapter 228 would affect between 1-100 small businesses and 1-100 microbusinesses (businesses with 20 or fewer employees). The projected economic impact would consist of compliance costs for EPPs to meet standards for online coursework and increase the level of support provided to EPP candidates. The estimated cost for small business and microbusiness EPPs to meet standards for online coursework is up to $7,300 per EPP over three years and it is estimated that four small business and microbusiness EPPs would begin the process of meeting these standards in FYs 2018-2019, five small business and microbusiness EPPs would begin the process of meeting these standards in FY 2020, and eight small business and microbusiness EPPs would begin the process of meeting these standards in FY 2021. If fewer small business and microbusiness EPPs seek to offer online coursework, the estimated cost will be less. If more small business and microbusiness EPPs begin the process of meeting standards sooner, the estimated cost would be more. The estimated cost of increasing the level of support for small business and microbusiness EPPs is $150 per additional observation by a field supervisor. The estimated costs for small business and microbusiness EPPs to provide a minimum of five observations by a field supervisor for teacher candidates and at least one observation by a field supervisor for non-teacher candidates is $1,608,000 in each year for FYs 2018-2021. If more teacher candidates participate in internships under probationary certificates that only require three observations, the estimated cost for small business and microbusiness EPPs will be less. For FY 2017, there would be no costs because there is no need to hire additional field supervisors.

In accordance with Texas Government Code, §2006.002, TEA conducted a regulatory flexibility analysis and assessed alternatives to the proposed rule actions to 19 TAC Chapter 228. Three alternatives that would minimize the adverse impacts on small businesses and microbusinesses include:
 
1. Not adopting the rules;
2. Adopting rules that allow small business and microbusiness EPPs to provide less support for candidates than other EPPs; and
3. Adopting rules that allow small business and microbusiness EPPs to not meet the same standards for online coursework and hiring qualified field supervisors as other EPPs.

TEA assessed alternatives, as described earlier, to the proposed rule actions to 19 TAC Chapter 228 that would diminish the impact on small businesses and microbusinesses; however, it is not possible to provide regulatory flexibility on this matter for the reasons that follow.

If the rule actions were not adopted into rule, candidates may have less support, online coursework may not meet standards, and candidates would be observed by field supervisors who may not have participated in training that meets state standards. If rules were adopted that allowed small business and microbusiness EPPs to provide less support for candidates, candidates enrolled in small business and microbusiness EPPs may be provided with less support than candidates enrolled in other EPPs. If rules were adopted that allowed small business and microbusiness EPPs to not meet the same standards for online coursework and hiring of qualified field supervisors, candidates enrolled in small business and microbusiness EPPs may not receive the same quality of online coursework and may not receive the same quality of supervision as candidates enrolled in other EPPs.

The anticipated effect on local economy and the local employment impact statement required under Texas Government Code, §2001.022, is described earlier in this section.

PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed revisions would be the development of clear, minimum EPP requirements that would ensure educators are prepared to positively impact the performance of the diverse student population of this state.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed rule actions would have additional procedural and reporting implications as follows.

Approval Process

The proposed amendment to 19 TAC §228.10(a) and (b)(1) would modify the components required to be submitted for program approval and renewal.

Program Consolidation or Closure

Proposed new 19 TAC §228.15(a)(1) would require new procedures for EPP closure or consolidation.

Change of Ownership

Proposed new 19 TAC §228.17(b) would require new procedures for notifying the TEA of change in ownership.

Governance of Educator Preparation Programs

The proposed amendment to 19 TAC §228.20(e) and (f) would modify the way EPP program amendments are approved.

Educator Preparation Curriculum

Proposed 19 TAC §228.30(c)(3) would require new curriculum requirements for substance abuse, suicide prevention, the framework for teacher and principal evaluation, and the principal standards.

Preparation Program Coursework and/or Training

Proposed 19 TAC §228.35(a)(5) would require the development and implementation of specific criteria and procedures for crediting military service, training, or education toward training, education, work experience, or related educator certification requirements. If coursework and training is offered online, proposed 19 TAC §228.35(a)(6) would require an EPP to meet or be making progress in meeting criteria set for accreditations, quality assurance, and/or compliance with an approved accrediting organization, certification organization, or the THECB.

For coursework and training required before clinical teaching or an internship, proposed 19 TAC §228.35(b)(2) would increase the number of hours from 80 to 150 and prescribe coursework and training content. Proposed 19 TAC §228.35(e)(2)(A) and (B) would increase full-day clinical teaching assignments from 12 to 14 weeks and increase half-day clinical teaching assignments from 24 to 28 weeks. Proposed 19 TAC §228.35(e)(2)(C)(v) and (6)(C) would identify the way additional internships and practicums can be recommended. Proposed 19 TAC §228.35(e)(2)(C)(vi)(II)-(IV) would modify the way EPPs notify the TEA about resignations, terminations, non-renewals, withdrawals, discharges, and releases. Proposed 19 TAC §228.35(e)(2)(D) would create a new clinical teaching exception approval process. Proposed 19 TAC §228.35(e)(2)(E) would require clinical teaching and/or field-based experiences to include experiences during the start of the school year. Proposed 19 TAC §228.35(e)(7)(D) would modify the data collection from the SBEC to the TEA for applications for school sites outside the United States.

Proposed 19 TAC §228.35(f) would require documentation when an individual who does not meet criteria for mentor, cooperating teacher, or site supervisor is not available. Proposed 19 TAC §228.35(g) and (h) would require pre-observation conferences. Proposed 19 TAC §228.35(g)(2)-(8) would increase the number and prescribe the timing of observations. Proposed 19 TAC §228.35(h)(2) and (3) would require one on-site and face-to-face observation and prescribe the timing of observations for non-teacher candidates.

Assessment and Evaluation of Candidates for Certification and Program Improvement

Proposed 19 TAC §228.40(c) would identify the way candidates can change certification categories. Proposed 19 TAC §228.40(e) would require EPPs to evaluate all components, not just the curriculum. Proposed 19 TAC §228.40(f) would require EPPs to maintain admission and completion records for those who withdraw or are discharged from an EPP.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule actions would have additional locally maintained paperwork requirements. Proposed 19 TAC §228.10(b)(1) would require an EPP to establish procedures and practices sufficient to ensure the security of information that is required to be retained as evidence of compliance with existing standards and requirements for EPPs. An EPP would need to secure information against unauthorized or accidental access, disclosure, modification, destruction, or misuse prior to the expiration of the retention period. Evidence of compliance is described in the figure provided in 19 TAC §228.10(b)(1). Proposed 19 TAC §228.40(f) would require an EPP to maintain admission and completion records for those who withdraw from or are discharged from an EPP.

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 228, Requirements for Educator Preparation Programs.

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

Tim Miller, Director
Educator Preparation

Attachments:
I. Statutory Citations (PDF, 33KB)
II. Proposed Revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs (including Figure: 19 TAC §228.10(b)(1)) (PDF, 266KB)