September 2017 Committee on School Initiatives Item 4

Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements

September 15, 2017

COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review a State Board for Educator Certification (SBEC) rule action that would amend 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements. The proposed amendment would specify the Test of English as a Foreign Language internet-Based Test (TOEFL iBT) and the minimum scaled scores required for each section of the test to demonstrate English language proficiency for a candidate whose degree was earned outside the United States in a country where the official language is not English. The proposed amendment would also allow a candidate to satisfy the English language proficiency requirement if the candidate's degree was earned in a country outside of the United States where English is the official language as identified in proposed Figure: 19 TAC §230.11(b)(5)(C).

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 230, Subchapter B, §230.11, is the Texas Education Code (TEC), §§21.003(a), 21.031, and 21.041(b)(1), (4), and (5).

TEC, §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B.

TEC, §21.031, authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators.

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)(4), requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.

TEC, §21.041(b)(5), requires the SBEC to propose rules that specify the requirements for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to TEC, §21.052.

EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §230.11 would be October 22, 2017.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: The purpose of 19 TAC Chapter 230, Subchapter B, General Certification Requirements, is to outline general certification requirements applicable to all individuals regardless of route taken to obtain Texas certification.

Under SBEC rule 19 TAC §230.11(b)(5), any applicant for a Texas educator certificate must "be able to communicate, listen, read, write, and comprehend the English language sufficiently to use it easily and readily in daily communication and teaching." For a candidate who earned his or her degree(s) outside of the United States at an institution of higher education (IHE) where the primary language of instruction is not English, the candidate must achieve a satisfactory score on an English language proficiency examination approved by the SBEC to satisfy this requirement. In 2006, the SBEC approved the TOEFL iBT as the English language proficiency examination and a passing standard of 26 on the speaking section only, which aligned with the previous examination. Although candidates must pass only the speaking section of the examination, they are assessed on all four sections of the TOEFL: speaking, listening, reading, and writing.

At the December 2016 and March 2017 SBEC meetings, the Board directed Texas Education Agency (TEA) staff to solicit stakeholder feedback and convene a standards-setting committee to develop recommended cut scores for the TOEFL iBT. The Board directives included using all four sections of the TOEFL iBT in determining English language proficiency, cut score recommendations for each section or an overall score, and which candidates should be required to take the examination.

TOEFL Cut Scores

At the June 9, 2017 SBEC meeting, TEA staff presented the Board with the cut score recommendations for each section of the examination. The chart below indicates the recommended scores from the standard-setting committee. Representatives from TEA and Educational Testing Service (ETS) attended the two-day meetings.

The chart below indicates the proposed minimum scaled scores on the TOEFL iBT the SBEC approved on June 9, 2017, for filing as proposed and public comment and adopted with no changes, subject to SBOE review, on August 4, 2017. No public comments were received.

Language in proposed 19 TAC §230.11(b)(5)(B) would be amended to clarify that minimum scaled scores on the TOEFL iBT would be used to satisfy English language proficiency requirements. The proposed scaled score requirements of 24 for speaking, 22 for listening, 22 for reading, and 21 for writing would replace the current use of a score of at least 26 on only the speaking section of the TOEFL iBT. The proposed minimum scaled scores for the listening and reading sections were changed from the committee's recommendation due to this being the first time individuals will be assessed on all four sections of the examination and the proposed scores were still in the high proficiency designation.

An applicant would be required to earn the minimum score in all four sections (speaking, listening, reading, and writing) because all these English language proficiency skills are needed for an educator to use English readily and easily in communication and teaching. An applicant would be allowed to retake the TOEFL iBT to cumulatively achieve the required minimum scores on all sections of the test (i.e., test results from prior administrations that meet one or more of the requirements would count and not have to be retaken).

The SBEC-proposed minimum TOEFL iBT scaled scores, specified in 19 TAC §230.11(b)(5)(B), would provide clarity to candidates and educator preparation programs on the required minimum scaled scores required by foreign-educated Texas certification applicants.

Candidates Required to Take TOEFL iBT

The Board also discussed which candidates should be required to take the TOEFL iBT to demonstrate English language proficiency and requested clarification on the procedures used by TEA staff to ensure that foreign-educated applicants graduated from IHEs where English was the primary language of instruction. Currently, applicants are required to submit official university transcripts showing degree conferred and date from either an IHE in the United States where English is the primary language of instruction or from an IHE outside the United States where the primary language of instruction was English.

At its June meeting, the SBEC took action for filing as proposed and public comment to remove the provision for candidates to demonstrate English language proficiency by providing evidence that the primary language of instruction from an IHE outside of the United States was English. No public comments were received.

At the August 3, 2017 SBEC work session, TEA staff provided further clarification for the Board's consideration on the proposed amendment to 19 TAC §230.11.

On August 4, 2017, the SBEC added at adoption, subject to SBOE review, new §230.11(b)(5)(C) to allow candidates who have earned their degree outside of the United States to satisfy the English language proficiency requirements. English must be verified as the official language of the country, and the country must appear on the SBEC-approved list that appears in proposed Figure: 19 TAC §230.11(b)(5)(C).

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 rule by a vote of at least two-thirds of the members of the SBOE present and voting, but may not modify a rule.

FISCAL IMPACT: The TEA staff has determined that there is no additional fiscal impact on state and local governments. There is an anticipated economic cost to persons who are required to comply with the proposed amendment. An individual who has earned an undergraduate or graduate degree in a country not included on the SBEC-approved list will be required to take the TOEFL iBT at an estimated cost of $195 to demonstrate English language proficiency. The TEA estimates a total of 150 individuals would take the TOEFL iBT each year, resulting in an anticipated total cost of $29,250 per year for the first five years that the proposed amendment will be in effect.

There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendment to 19 TAC §230.11 would be ensuring that educator certificate applicants demonstrate the level of English language proficiency needed to instruct and support all learners and to communicate effectively with parents, colleagues, and other stakeholders upon certification.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no additional procedural and reporting requirements.

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

PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of comments received by the SBEC on its proposed rules is shared with the SBOE under separate cover prior to this SBOE meeting. The SBEC received no public comments on this proposal.

OTHER COMMENTS AND RELATED ISSUES: None.

MOTION TO BE CONSIDERED: The State Board of Education:

Take no action on the proposed amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements

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

Marilyn Cook, Director
Educator Certification and Testing

Tim Miller, Director
Educator Preparation

Becky McCoy, Manager
Educator Certification and Testing

Jennifer Perez, Program Specialist
Educator Certification and Testing

Attachments:
I. Statutory Citations (PDF, 17KB)
II. Text of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter B, General Certification Requirements, §230.11, General Requirements (PDF, 34KB)