September 2018 Committee on School Initiatives Item 1
Review of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates
September 14, 2018
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 propose amendments to 19 Texas Administrative Code (TAC) Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would implement legislation from the 85th Texas Legislature, Regular Session, 2017, to establish new certificates for Early Childhood: Prekindergarten-Grade 3 and Trade and Industrial Workforce Training: Grades 6-12; would specify procedures for an interested party to request an additional foreign language certificate; and would identify any additional requirements to obtain certification and/or be eligible to teach specific courses. Additional proposed amendments and technical changes would provide clarification for consistent application of these rules, would remove duplicative language specifying assignments into which certificate holders are eligible to placed, and would establish consistent information related to the classroom certificates issued by the SBEC.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 233 is the Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1)-(4) and (6); 21.044(e) and (f); 21.048(a); 21.0442 and 21.0491, as added by House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and 21.0489, as added by Senate Bill (SB) 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017.
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, 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, §21.041(b)(3), requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.
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)(6), requires the SBEC to propose rules that provide for special or restricted certification of educators, including certification of instructors of American Sign Language.
TEC, §21.044(e), provides the requirements that SBEC rules must specify for a person to obtain a certificate to teach a health science technology education course.
TEC, §21.044(f), provides that SBEC rules for obtaining a certificate to teach a health science technology education course shall not specify that a person must have a bachelor's degree or establish any other credential or teaching experience requirements that exceed the requirements under TEC, §21.044(e).
TEC, §21.0442, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create an abbreviated educator preparation program for trade and industrial workforce training.
TEC, §21.048(a), requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC. TEC, §21.048(a), also specifies that the commissioner of education shall determine the satisfactory level of performance required for each certification examination and require a satisfactory level of examination performance in each core subject covered by the generalist certification examination.
TEC, §21.0489, as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create a Prekindergarten-Grade 3 certificate.
TEC, §21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create a probationary and standard trade and industrial workforce training certificate.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 233 would be October 21, 2018.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND JUSTIFICATION: The TEC, §21.041(b)(2), authorizes the SBEC to adopt rules that specify the classes of educator certificates to be issued, including emergency certificates. The SBEC rules in 19 TAC Chapter 233 establish the general categories of classroom teaching certificates, identify specific grade levels and subject areas of classroom certificates, and where appropriate, state the general area(s) of assignments that may be taught by the holder of each certificate.
The proposed amendments would remove assignment-specific text from most sections of the chapter as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments. Information relevant to either legislative mandates, training requirements, or other qualifications necessary for issuance of a specific certificate prior to placement into the assignment would be maintained. The following is a description of the proposed amendments included in Attachment II.
§233.1. General Authority.
Language would be amended in subsection (e) to reference §230.21, Educator Assessment, to clarify and establish a single, specific list of examinations that must be successfully completed prior to issuance of an initial standard classroom teaching certificate. Language in subsection (f) would be deleted as it is duplicative of the test requirements referenced in subsection (e).
A proposed new subsection (f) would allow staff to extend rule deadlines when rules in this chapter cannot be complied with because of a disaster that results in the governor declaring a state of disaster. This amendment would allow Texas Education Agency (TEA) staff to extend deadlines in this chapter for up to 90 days to accommodate persons in the disaster areas identified by the governor's declaration.
Language in subsection (h) would be amended to add the text, "where applicable," to clarify that only certain certificates have general assignment descriptions that make them subject to legislative mandates, federal requirements, or other training or guidelines specific to issuance of the certificate.
§233.2. Core Subjects; Generalist.
Language would be amended in the heading to add "Early Childhood" and delete "Generalist" since those certificates will no longer be issued at the completion of this rulemaking process. This proposed amendment does not change the eligibility status for classroom assignments for individuals issued a Generalist certificate through the provisions of this chapter. Proposed new subsection (a) would add the Early Childhood: Prekindergarten-Grade 3 certificate to implement SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017.
The Core Subjects: Early Childhood-Grade 6 and Core Subjects: Grades 4-8 certificate references previously listed in subsections (a) and (b) would be relettered to subsections (b) and (c).
Current subsections (c) and (d) would be deleted since the certificates for Generalist: Early Childhood-Grade 6 and Generalist: Grades 4-8 were issued for the last time in fall 2017.
§233.3. English Language Arts and Reading: Social Studies.
Language in subsections (a)-(h) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments. Current subsection (g) would be deleted since the Journalism: Grades 8-12 certificate was issued for the last time in 2016. Remaining subsections would be relettered accordingly.
§233.4. Mathematics; Science.
Language in subsections (b)-(j) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments. Current subsections (h) and (j) would be deleted since the certificates for Physics/Mathematics: Grades 8-12 and Mathematics/Physical Science/Engineering: Grades 8-12 were issued for the last time in 2016. Remaining subsections would be relettered accordingly.
§233.5. Technology Applications and Computer Science.
Language in subsections (a)-(c) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.6. Bilingual Education.
Current subsections (a) and (b) would be deleted since the certificates for Bilingual Generalist: Early Childhood-Grade 6 and Bilingual Generalist: Grades 4-8 were issued for the last time in fall 2017. Remaining subsections would be relettered accordingly. Language in current subsection (c), relettered subsection (a), that specifies what the certificate holder can teach would be deleted as it is duplicative language that already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.7. English as a Second Language.
Current subsections (a) and (b) would be deleted since the certificates for English as a Second Language Generalist: Early Childhood-Grade 6 and English as a Second Language Generalist: Grades 4-8 were issued for the last time in fall 2017. In addition, language in this section that specifies what the certificate holder can teach would be deleted as it is duplicative language that already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.8. Special Education.
Language in subsection (a) specific to qualifications for assignment as a special education teacher and language in subsections (a)-(d) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.9. Gifted and Talented.
Language that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.10. Fine Arts.
Language in subsections (a), (b), and (e) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.11. Health.
Language that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.12. Physical Education.
Language that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.13. Career and Technical Education (Certificates not requiring experience and preparation in a skill area).
Language in subsections (a)-(f) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
Current subsections (e) and (g) would be deleted since the certificates for Agricultural Science and Technology: Grades 6-12 and Business Education: Grades 6-12 were issued for the last time in fall 2017.
Current subsection (i) that references the certificate for Science, Technology, Engineering, and Mathematics (STEM): Grades 6-12 certificate would be deleted as there are currently no approved educator preparation programs (EPPs) to prepare candidates, no adopted educator standards to guide the foundation of educator preparation or test development, and no examination available to assess an individual's preparedness and readiness for issuance of a certificate in this subject area. There are other classroom certificates already available for issuance under provisions of this chapter that qualify an individual to be placed in an assignment to teach STEM courses as specified in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
Remaining subsections would be relettered accordingly.
§233.14. Career and Technical Education (Certificates requiring experience and preparation in a skill area).
Current subsections (b) and (d) would be deleted since the certificates for Marketing Education: Grades 8-12 and Health Science Technology Education: Grades 8-12 were issued for the last time in fall 2017, and language referencing these certificates in current subsection (h), relettered as subsection (f), would also be deleted. Current subsection (f) would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
Remaining subsections would be relettered accordingly.
If proposed changes to 19 TAC Chapter 233 are adopted by the SBEC, subject to State Board of Education review, TEA staff anticipates future rulemaking specific to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, to align with applicable changes made in this chapter. This action would be necessary to maintain clear communication with the public regarding the current list of classroom certificates issued as it relates to teaching assignments specified in 19 TAC Chapter 231.
Proposed new subsection (e) would add the Trade and Industrial Workforce Training: Grades 6-12 certificate, mandated in HB 3349, 85th Texas Legislature, Regular Session, 2017. The proposed new subsection would align with legislation as it relates to the minimal educational requirement, the recency and duration of experience, and licensure for a specific trade. The proposed new subsection would also support agency-wide and statewide efforts to open pathways into career and technical areas for candidates with knowledge, skills, experience, and licensure to be successful in this area of certification. Eligibility and coursework requirements for individuals interested in pursuing this area of certification currently are addressed in 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, and 19 TAC Chapter 228, Requirements for Educator Preparation Programs.
A technical edit was made at adoption to correct a cross reference in §233.14(b)(2).
§233.15. Languages Other Than English.
Proposed new subsection (a) would provide introductory text specific to certificates for languages other than English (LOTE) issued by the SBEC. Current subsections (a)-(p) that identify each foreign language certificate area relating to subsection (a) would be renumbered as paragraphs (1)-(16), and language specifying what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
TEA staff recognizes that as districts attempt to be responsive to the needs and interests of their multicultural communities, as well as continue to prepare their students for the increasing globalization of our economy, there is a need to add additional language choices for students. For example, at the October 2017 SBEC meeting, the SBEC received public testimony related to the languages of Tamil and Esperanto.
To address these district needs, there are existing provisions in 19 TAC §231.97, Innovative Course, and 19 TAC §231.99, Local Credit Course, that allow school districts flexibility to assign individuals to teach a foreign language course for which a certification does not exist; however, the course offering will not count for the foreign language graduation requirement. An assignment for an innovative course is allowed with a valid certificate that matches the grade level of the assignment determined by TEA. An assignment where local credit is given is allowed with a valid certificate that matches the grade level of the assignment or appropriate qualifications as determined by the school district. Districts that are interested in offering a foreign language course for which there is no educator certification and that do want it to count for the foreign language graduation requirement, can identify a language proficiency examination in that foreign language and provide for credit by examination.
Because districts are required to ensure that instructors are appropriately certified to teach any Texas Essential Knowledge and Skills-based course, some school districts have eliminated LOTE courses because SBEC does not issue a certificate for some languages. Beyond existing options for districts to offer LOTE courses for which there are no SBEC certificates, proposed new subsection (b) would establish procedures to allow an interested person to submit a request for an additional LOTE certificate utilizing the provisions in 19 TAC §250.20, Petition for Adoption of Rules or Rule Changes, to petition the SBEC for rulemaking. Proposed new subsection (b)(1) would require the petitioner to clarify the desired certificate and confirm the number of students designated to receive instruction in the language other than English; proposed new subsection (b)(2) would require the petitioner to clarify the number of individuals interested in adding certification in the new language; and proposed new subsection (b)(3) would require the petitioner to describe the rationale and student benefit for the additional LOTE certificate. These requirements will allow TEA staff to determine the extent of the need for the additional foreign language and will inform staff's recommendation to the SBEC. Also, having in rule the specific process necessary for the SBEC to consider a request for a new LOTE certification would provide clarification and guidance to interested school districts and individuals.
§233.17. Junior Reserve Officer Training Corps.
Language would be amended in paragraph (4) to replace the specific test name reference, Pedagogy and Professional Responsibilities, with more general wording that confirms the appropriate examination must still be passed for issuance of the certificate. This change mirrors other technical edits in this chapter to verify that information about required examinations for issuance of licensure is retained and updated in the figure adopted in rule in 19 TAC §230.21(e), Educator Assessment.
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 and there are no additional costs to persons or entities required to comply with the proposed amendments. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code (TGC), §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under TGC, §2001.022. The proposed amendments do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to TGC, §2001.0045.
GOVERNMENT GROWTH IMPACT: The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendments to 19 TAC Chapter 233 would be the continued issuance of classroom teaching certificates to eligible individuals. The proposed amendments do not impose a cost on persons required to comply with the rules.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no additional procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments 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.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, with an effective date of 20 days after filing the adoption notice with the Texas Register.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner
Educator Leadership and Quality
Marilyn Cook, Director
Educator Certification and Testing
Attachment I: Statutory Citations
Attachment II: Text of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates
September 14, 2018
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 propose amendments to 19 Texas Administrative Code (TAC) Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would implement legislation from the 85th Texas Legislature, Regular Session, 2017, to establish new certificates for Early Childhood: Prekindergarten-Grade 3 and Trade and Industrial Workforce Training: Grades 6-12; would specify procedures for an interested party to request an additional foreign language certificate; and would identify any additional requirements to obtain certification and/or be eligible to teach specific courses. Additional proposed amendments and technical changes would provide clarification for consistent application of these rules, would remove duplicative language specifying assignments into which certificate holders are eligible to placed, and would establish consistent information related to the classroom certificates issued by the SBEC.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 233 is the Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1)-(4) and (6); 21.044(e) and (f); 21.048(a); 21.0442 and 21.0491, as added by House Bill (HB) 3349, 85th Texas Legislature, Regular Session, 2017; and 21.0489, as added by Senate Bill (SB) 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017.
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, 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, §21.041(b)(3), requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.
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)(6), requires the SBEC to propose rules that provide for special or restricted certification of educators, including certification of instructors of American Sign Language.
TEC, §21.044(e), provides the requirements that SBEC rules must specify for a person to obtain a certificate to teach a health science technology education course.
TEC, §21.044(f), provides that SBEC rules for obtaining a certificate to teach a health science technology education course shall not specify that a person must have a bachelor's degree or establish any other credential or teaching experience requirements that exceed the requirements under TEC, §21.044(e).
TEC, §21.0442, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create an abbreviated educator preparation program for trade and industrial workforce training.
TEC, §21.048(a), requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC. TEC, §21.048(a), also specifies that the commissioner of education shall determine the satisfactory level of performance required for each certification examination and require a satisfactory level of examination performance in each core subject covered by the generalist certification examination.
TEC, §21.0489, as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create a Prekindergarten-Grade 3 certificate.
TEC, §21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create a probationary and standard trade and industrial workforce training certificate.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 233 would be October 21, 2018.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND JUSTIFICATION: The TEC, §21.041(b)(2), authorizes the SBEC to adopt rules that specify the classes of educator certificates to be issued, including emergency certificates. The SBEC rules in 19 TAC Chapter 233 establish the general categories of classroom teaching certificates, identify specific grade levels and subject areas of classroom certificates, and where appropriate, state the general area(s) of assignments that may be taught by the holder of each certificate.
The proposed amendments would remove assignment-specific text from most sections of the chapter as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments. Information relevant to either legislative mandates, training requirements, or other qualifications necessary for issuance of a specific certificate prior to placement into the assignment would be maintained. The following is a description of the proposed amendments included in Attachment II.
§233.1. General Authority.
Language would be amended in subsection (e) to reference §230.21, Educator Assessment, to clarify and establish a single, specific list of examinations that must be successfully completed prior to issuance of an initial standard classroom teaching certificate. Language in subsection (f) would be deleted as it is duplicative of the test requirements referenced in subsection (e).
A proposed new subsection (f) would allow staff to extend rule deadlines when rules in this chapter cannot be complied with because of a disaster that results in the governor declaring a state of disaster. This amendment would allow Texas Education Agency (TEA) staff to extend deadlines in this chapter for up to 90 days to accommodate persons in the disaster areas identified by the governor's declaration.
Language in subsection (h) would be amended to add the text, "where applicable," to clarify that only certain certificates have general assignment descriptions that make them subject to legislative mandates, federal requirements, or other training or guidelines specific to issuance of the certificate.
§233.2. Core Subjects; Generalist.
Language would be amended in the heading to add "Early Childhood" and delete "Generalist" since those certificates will no longer be issued at the completion of this rulemaking process. This proposed amendment does not change the eligibility status for classroom assignments for individuals issued a Generalist certificate through the provisions of this chapter. Proposed new subsection (a) would add the Early Childhood: Prekindergarten-Grade 3 certificate to implement SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017.
The Core Subjects: Early Childhood-Grade 6 and Core Subjects: Grades 4-8 certificate references previously listed in subsections (a) and (b) would be relettered to subsections (b) and (c).
Current subsections (c) and (d) would be deleted since the certificates for Generalist: Early Childhood-Grade 6 and Generalist: Grades 4-8 were issued for the last time in fall 2017.
§233.3. English Language Arts and Reading: Social Studies.
Language in subsections (a)-(h) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments. Current subsection (g) would be deleted since the Journalism: Grades 8-12 certificate was issued for the last time in 2016. Remaining subsections would be relettered accordingly.
§233.4. Mathematics; Science.
Language in subsections (b)-(j) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments. Current subsections (h) and (j) would be deleted since the certificates for Physics/Mathematics: Grades 8-12 and Mathematics/Physical Science/Engineering: Grades 8-12 were issued for the last time in 2016. Remaining subsections would be relettered accordingly.
§233.5. Technology Applications and Computer Science.
Language in subsections (a)-(c) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.6. Bilingual Education.
Current subsections (a) and (b) would be deleted since the certificates for Bilingual Generalist: Early Childhood-Grade 6 and Bilingual Generalist: Grades 4-8 were issued for the last time in fall 2017. Remaining subsections would be relettered accordingly. Language in current subsection (c), relettered subsection (a), that specifies what the certificate holder can teach would be deleted as it is duplicative language that already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.7. English as a Second Language.
Current subsections (a) and (b) would be deleted since the certificates for English as a Second Language Generalist: Early Childhood-Grade 6 and English as a Second Language Generalist: Grades 4-8 were issued for the last time in fall 2017. In addition, language in this section that specifies what the certificate holder can teach would be deleted as it is duplicative language that already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.8. Special Education.
Language in subsection (a) specific to qualifications for assignment as a special education teacher and language in subsections (a)-(d) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.9. Gifted and Talented.
Language that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.10. Fine Arts.
Language in subsections (a), (b), and (e) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.11. Health.
Language that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.12. Physical Education.
Language that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
§233.13. Career and Technical Education (Certificates not requiring experience and preparation in a skill area).
Language in subsections (a)-(f) that specifies what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
Current subsections (e) and (g) would be deleted since the certificates for Agricultural Science and Technology: Grades 6-12 and Business Education: Grades 6-12 were issued for the last time in fall 2017.
Current subsection (i) that references the certificate for Science, Technology, Engineering, and Mathematics (STEM): Grades 6-12 certificate would be deleted as there are currently no approved educator preparation programs (EPPs) to prepare candidates, no adopted educator standards to guide the foundation of educator preparation or test development, and no examination available to assess an individual's preparedness and readiness for issuance of a certificate in this subject area. There are other classroom certificates already available for issuance under provisions of this chapter that qualify an individual to be placed in an assignment to teach STEM courses as specified in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
Remaining subsections would be relettered accordingly.
§233.14. Career and Technical Education (Certificates requiring experience and preparation in a skill area).
Current subsections (b) and (d) would be deleted since the certificates for Marketing Education: Grades 8-12 and Health Science Technology Education: Grades 8-12 were issued for the last time in fall 2017, and language referencing these certificates in current subsection (h), relettered as subsection (f), would also be deleted. Current subsection (f) would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
Remaining subsections would be relettered accordingly.
If proposed changes to 19 TAC Chapter 233 are adopted by the SBEC, subject to State Board of Education review, TEA staff anticipates future rulemaking specific to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, to align with applicable changes made in this chapter. This action would be necessary to maintain clear communication with the public regarding the current list of classroom certificates issued as it relates to teaching assignments specified in 19 TAC Chapter 231.
Proposed new subsection (e) would add the Trade and Industrial Workforce Training: Grades 6-12 certificate, mandated in HB 3349, 85th Texas Legislature, Regular Session, 2017. The proposed new subsection would align with legislation as it relates to the minimal educational requirement, the recency and duration of experience, and licensure for a specific trade. The proposed new subsection would also support agency-wide and statewide efforts to open pathways into career and technical areas for candidates with knowledge, skills, experience, and licensure to be successful in this area of certification. Eligibility and coursework requirements for individuals interested in pursuing this area of certification currently are addressed in 19 TAC Chapter 227, Provisions for Educator Preparation Candidates, and 19 TAC Chapter 228, Requirements for Educator Preparation Programs.
A technical edit was made at adoption to correct a cross reference in §233.14(b)(2).
§233.15. Languages Other Than English.
Proposed new subsection (a) would provide introductory text specific to certificates for languages other than English (LOTE) issued by the SBEC. Current subsections (a)-(p) that identify each foreign language certificate area relating to subsection (a) would be renumbered as paragraphs (1)-(16), and language specifying what the certificate holder can teach would be deleted as this information is duplicative and already resides in 19 TAC Chapter 231, Requirements for Public School Personnel Assignments.
TEA staff recognizes that as districts attempt to be responsive to the needs and interests of their multicultural communities, as well as continue to prepare their students for the increasing globalization of our economy, there is a need to add additional language choices for students. For example, at the October 2017 SBEC meeting, the SBEC received public testimony related to the languages of Tamil and Esperanto.
To address these district needs, there are existing provisions in 19 TAC §231.97, Innovative Course, and 19 TAC §231.99, Local Credit Course, that allow school districts flexibility to assign individuals to teach a foreign language course for which a certification does not exist; however, the course offering will not count for the foreign language graduation requirement. An assignment for an innovative course is allowed with a valid certificate that matches the grade level of the assignment determined by TEA. An assignment where local credit is given is allowed with a valid certificate that matches the grade level of the assignment or appropriate qualifications as determined by the school district. Districts that are interested in offering a foreign language course for which there is no educator certification and that do want it to count for the foreign language graduation requirement, can identify a language proficiency examination in that foreign language and provide for credit by examination.
Because districts are required to ensure that instructors are appropriately certified to teach any Texas Essential Knowledge and Skills-based course, some school districts have eliminated LOTE courses because SBEC does not issue a certificate for some languages. Beyond existing options for districts to offer LOTE courses for which there are no SBEC certificates, proposed new subsection (b) would establish procedures to allow an interested person to submit a request for an additional LOTE certificate utilizing the provisions in 19 TAC §250.20, Petition for Adoption of Rules or Rule Changes, to petition the SBEC for rulemaking. Proposed new subsection (b)(1) would require the petitioner to clarify the desired certificate and confirm the number of students designated to receive instruction in the language other than English; proposed new subsection (b)(2) would require the petitioner to clarify the number of individuals interested in adding certification in the new language; and proposed new subsection (b)(3) would require the petitioner to describe the rationale and student benefit for the additional LOTE certificate. These requirements will allow TEA staff to determine the extent of the need for the additional foreign language and will inform staff's recommendation to the SBEC. Also, having in rule the specific process necessary for the SBEC to consider a request for a new LOTE certification would provide clarification and guidance to interested school districts and individuals.
§233.17. Junior Reserve Officer Training Corps.
Language would be amended in paragraph (4) to replace the specific test name reference, Pedagogy and Professional Responsibilities, with more general wording that confirms the appropriate examination must still be passed for issuance of the certificate. This change mirrors other technical edits in this chapter to verify that information about required examinations for issuance of licensure is retained and updated in the figure adopted in rule in 19 TAC §230.21(e), Educator Assessment.
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 and there are no additional costs to persons or entities required to comply with the proposed amendments. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code (TGC), §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under TGC, §2001.022. The proposed amendments do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to TGC, §2001.0045.
GOVERNMENT GROWTH IMPACT: The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendments to 19 TAC Chapter 233 would be the continued issuance of classroom teaching certificates to eligible individuals. The proposed amendments do not impose a cost on persons required to comply with the rules.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendments would have no additional procedural and reporting implications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments 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.
OTHER COMMENTS AND RELATED ISSUES: None.
MOTION TO BE CONSIDERED: The State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, with an effective date of 20 days after filing the adoption notice with the Texas Register.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner
Educator Leadership and Quality
Marilyn Cook, Director
Educator Certification and Testing
Attachment I: Statutory Citations
Attachment II: Text of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates