June 2022 Committee on School Initiatives Item 3

Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment

June 17, 2022

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

SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would propose an amendment to 19 Texas Administrative Code (TAC) Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment. The proposed amendment would specify the timeline by which a passing score on a certification exam can be used for certification purposes; would update the figure specifying the required pedagogy certification exams for issuance of the probationary or standard certificate; and would remove certificate categories that are no longer operational.

STATUTORY AUTHORITY: The statutory authority for 19 TAC §230.21 is the Texas Education Code (TEC), §§21.041(b)(1), (2), and (4); 21.044(a); 21.048; 21.050; 22.082; and Texas Occupations Code (TOC), §54.003.

TEC, §21.041(b)(1), (2), and (4), require 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; specify the classes of educator certificates to be issued, including emergency certificates; and specify the requirements for the issuance and renewal of an educator certificate.

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, §21.048, states the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board that includes not requiring more than 45 days elapsing between examination retakes and that starting January 1, 2021, all candidates teaching prekindergarten through grade six must demonstrate proficiency in the science of teaching reading on a certification examination.

TEC, §21.050(a), states a person who applies for a teaching certificate must possess a bachelor's degree.

TEC, §21.050(b), states the SBEC shall provide for a minimum number of semester credit hours of field-based experience or internship.

TEC, §21.050(c), states 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, §22.082, requires SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under Chapter 21, Subchapter B.

TOC, §54.003, states a licensing authority shall provide accommodations and eligibility criteria for examinees diagnosed as having dyslexia.

The full text of statutory citations can be found in the statutory authority section of this agenda.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 230 specify the testing requirements for initial certification and for additional certificates based on examination. These requirements ensure educators are qualified and professionally prepared to instruct the schoolchildren of Texas.

At the July 2019 SBEC meeting, the SBEC adopted the edTPA performance assessment pilot as a portfolio-based assessment to gather data from the assessment on Texas candidates. From SBEC discussions in 2018, the goal of moving to a performance assessment was to improve the quality and consistency of newly certified teachers. This item provides the SBEC the opportunity to transition carefully from the edTPA pilot to full implementation. Given the feedback and input from the SBEC and stakeholders, the proposed rule text will allow for a three-phase approach over the next three academic years.

At the February 2022 SBEC meeting, Texas Education Agency (TEA) staff shared additional information regarding the edTPA implementation plan and addressed questions posed by members of the SBEC and stakeholders at the December 2021 meeting.

Following is a description of the proposed amendment to Chapter 230, Subchapter C, §230.21, included in Attachment I. The changes also include technical edits made to §230.21(a)(3)(A) to update cross references.

Subchapter C, §230.21. Assessment of Educators

Proposed Amendment to §230.21(e)

The proposed amendment to §230.21(e) would specify that for issuance of a probationary or standard certificate in more than one certification category, a candidate must pass the appropriate pedagogy examination under Figure: 19 TAC §230.21(e) for any one of the certificates sought. This change would allow for educators to be issued probationary or standard certificates in more than one certification category by passing only one edTPA certification exam. The current rule requires educators to take each edTPA certification exam for the aligned certificate, which means that educators pursuing certification in two certification categories are required to take two edTPA certification exams. This proposed change would align with feedback from educator preparation programs (EPPs) participating in the edTPA pilot, who expressed concern about the expense and duplicative effort caused by the current rule.

The proposed amendment to §230.21(e) would also update the testing requirements for educator certification indicated in Figure: 19 TAC §230.21(e). A summary of the proposed changes shown in Attachment II is included below.

Update to Figure Titles

The proposed amendment to Figure: 19 TAC §230.21(e) would update the column title from "Pedagogical Requirement(s)" to "Required Pedagogy Test(s)" to align the language of the title to the other test column in the figure, "Required Content Pedagogy Test(s)."

Operationalize edTPA as the Pedagogy Exam Requirement

The proposed amendment to Figure: 19 TAC §230.21(e) would add a last operational date of August 31, 2023, for the 160 Pedagogy and Professional Responsibilities (PPR) EC–12 TExES exam. The addition of the last operational date of August 31, 2023, for the PPR exam would allow for a one-year overlap in the 2022–2023 academic year (AY), during which EPPs could choose to approve candidates to take either the PPR or appropriate edTPA exam to fulfill their pedagogy exam requirement. The intent of the one-year overlap would be to support EPPs and candidates in the transition to the new edTPA exams by allowing all EPPs one additional year to pilot edTPA implementation within their programs. The 160 PPR EC–12 exam would retire as of September 1, 2023.

The proposed amendment to Figure: 19 TAC §230.21(e) would also strike "pilot exam" for all edTPA exams to indicate that the exams would no longer be considered pilot exams under §230.1(17) and would be fully operational.

These proposed changes would implement edTPA as the required pedagogy exam beginning in the 2023–2024 AY.

EPP and Candidate Choice in edTPA Exams

The proposed amendment to §230.21(e) would add the 2151 edTPA: Career and Technical Education edTPA exam as a pedagogy exam option for the following certificates: Technology Education: Grades 6–12; Family and Consumer Sciences, Composite: Grades 6–12; Human Development and Family Studies: Grades 8–12; Hospitality, Nutrition, and Food Sciences: Grades 8–12; Agriculture, Food, and Natural Resources: Grades 6–12; Business and Finance: Grades 6–12; and Marketing: Grades 6–12.

The addition of the edTPA: Career and Technical Education exam for the indicated certification categories would provide flexibility for EPPs and candidates to select the edTPA exam that best aligns with their given instructional context.

The proposed amendment to §230.21(e) would also add the following eight edTPA exams as pedagogy exam options for the Core Subjects with Science of Teaching Reading (STR): EC–6 certificate: 2001 edTPA Elementary Literacy; 2002 edTPA Elementary Mathematics; 2149 edTPA Elementary Education: Mathematics with Literacy Task 4; 2014 edTPA: Early Childhood Education; 2016 edTPA: Middle Childhood Mathematics; 2017 edTPA: Middle Childhood Science; 2018 edTPA: Middle Childhood English Language Arts; and 2019 edTPA: Middle Childhood History/Social Studies.

The addition of the indicated edTPA exams for certification in Core Subjects with STR: EC–6 would provide flexibility for EPPs and candidates to select the edTPA exam that best aligns with their given instructional context. The current required edTPA exam for Core Subjects with STR: EC–6 is the Elementary Education: Literacy with Task 4 Mathematics. The new proposed rule would allow for EPPs and candidates to choose from eight additional exams based on their instructional context. For example, a candidate teaching in a fourth-grade science classroom would have the option to take the edTPA: Middle Childhood Science exam. This change is informed by feedback from EPPs participating in the edTPA pilot, who indicated that in some circumstances the requirements of the edTPA Elementary Education: Literacy with Mathematics Task 4 were challenging to meet given the candidate's classroom setting. This change would allow for flexible options for strong alignment between classroom setting and edTPA exam.

In addition, the options would also allow candidates to complete a 15-rubric exam (e.g., edTPA Elementary Literacy) versus the currently required 18-rubric exam (edTPA Elementary Education: Literacy with Mathematics Task 4). This would reduce overall the number of tasks that elementary candidates would be required to complete in the submission of their edTPA portfolio.

Remove Retired Certificates

The proposed amendment to §230.21(e) would strike the following four retired certificates and their associated exam requirements: Core Subjects: Early Childhood–Grade 6; Core Subjects: Grades 4–8; English Language Arts and Reading: Grades 4–8; and English Language Arts and Reading/Social Studies: Grades 4–8. Striking the four certificates listed would remove them from the testing figure. Each of the four certificates was replaced by the new certificate name including "with the Science of Teaching Reading" and the required examinations in October 2020. The intent of the change would be to streamline the testing figure for readability.

Update the Exam Requirements for Health Science: Grades 6–12 and Junior Reserve Officer Training Corps (JROTC): Grades 6–12

The proposed amendment to §230.21(e) would add the 2151 edTPA: Career and Technical Education exam as a pedagogy exam for the Health Science: Grades 6–12 certificate, which would implement an edTPA exam requirement for the certification category.

The proposed amendment would also update the content pedagogy exam requirement for the Junior Reserve Officer Training Corps (JROTC): Grades 6–12 certificate to include the 370 Pedagogy and Professional Responsibilities (PPR) for Trade and Industrial Education 6–12 TExES exam. The addition of the 370 PPR for Trade and Industrial Education 6–12 exam as a pedagogy exam requirement for the JROTC: 6–12 certificate would allow for the continued administration of an aligned pedagogy exam after the last operational date of the 160 PPR exam. There is no specific edTPA exam for JROTC certification, but the requirements for the certification field align with the requirements for Trade and Industrial Education fields, in that these candidates can attain certification based on a certificate issued by one of the military branches. The 370 PPR for Trade and Industrial Education 6–12 exam would therefore be the most appropriately aligned pedagogy exam for JROTC.

Proposed Amendment to 19 TAC §230.21(f)

The proposed amendment to §230.21(f) would clarify that a passing score on a certification exam could be used for certification recommendation up to one year after the last operational date for the exam. This amendment would provide clarity to the field on the last date that an educator may be recommended for certification used a passing score on an exam that is no longer operational.

Update on edTPA Implementation Plan

At the December 2021 SBEC meeting, TEA staff shared a draft edTPA implementation plan, indicating a start date of September 1, 2022, with a three-year phased-in approach. The draft plan was as follows:

2022–2023 AY of Non-Consequential Implementation: No official cut score but all first-time test taker candidates seeking initial certification would be required to complete the edTPA assessment as the pedagogy exam requirement.
2023–2024 AY of Non-Consequential Implementation: No official cut score but all candidates seeking initial certification would be required to complete the edTPA assessment as the pedagogy exam requirement.
2024–2025 AY of Consequential Implementation: An official cut score would be implemented during this period. Candidates would need to meet or exceed the given cut score to pass the exam.

As a result of SBEC member and stakeholder questions and feedback, staff have updated the proposed timeline to implement the edTPA requirement. The updates are specific to the 2022–2023 AY, which are as follows:

edTPA would be an option as an assessment in addition to the PPR: EC–12 exam for the demonstration of pedagogical knowledge and skills for the majority of initial educator certification categories.
Clarification that EPPs would not be held accountable for candidate performance on the edTPA in the program's Accountability System for Educator Preparation (ASEP) rating. Section 229.4, Determination of Accreditation Status, currently specifies that EPPs are held accountable for candidate performance on PPR and non-PPR exams. Therefore, programs would not be held accountable for edTPA performance. Future rulemaking would be required to implement edTPA in §229.4 as a component of an EPP's ASEP rating. The updated implementation plan reflects that this rulemaking would be effective for the 2023–2024 AY onward.

These updates would allow EPPs the flexibility to implement or scale the edTPA requirement in a manner that works best for the program, including potentially piloting the edTPA requirement with some, but not all, certification categories or routes, in this first year. The updates would also provide time for EPPs to further engage in learning opportunities (e.g., attend targeted trainings and webinars; examine candidate performance data; partner with programs who participated in the previous, three-year edTPA pilot to identify and implement best practices) to inform and support the subsequent phased-in years of edTPA implementation.

The revised draft timeline and implementation plan are reflected in the chart below.

Revised Draft Timeline and Implementation Plan

Implementation Year

Implementation Phase

Implementation Actions

2022–2023

Non-Consequential Implementation with Choice:

Both the edTPA and the PPR exam would be available as pedagogy exam options. No official cut score would be implemented during this period. Candidates would "pass" the edTPA when they submit a complete edTPA portfolio.

edTPA would be an option as an assessment in addition to the PPR: EC–12 exam for the demonstration of pedagogical knowledge and skills for the majority of initial educator certification categories.

The edTPA would be implemented non-consequentially as a data collection year. In addition, this first year of non-consequential implementation with choice will allow EPPs to further engage in learning opportunities (e.g., attend targeted trainings and webinars; partner with programs who participated in the previous, three-year edTPA pilot to identify and implement best practices) to inform and support the subsequent phased-in years of edTPA implementation.

To support this learning process, EPPs would not be held accountable for candidate performance on the edTPA during the 2022–2023 AY in the EPP's Accountability System for Educator Preparation (ASEP) rating.

SBEC rulemaking to implement candidate edTPA performance as a component of an EPP's ASEP accountability for the 2023–2024 AY onward.

A standard setting committee, comprised of Texas educators, would recommend passing standards informed by the three years of edTPA pilot data and the first non-consequential implementation year data (Spring 2024).

Commissioner rulemaking period to implement committee recommended passing standards would begin.

Note: For the purpose of the non-consequential implementation period, a complete portfolio would be defined as a portfolio with less than two condition codes. This mirrors the requirements for teacher candidates during the edTPA pilot.

2023–2024

Non-Consequential Implementation:

No official cut score would be implemented during this period. Candidates would "pass" the edTPA when they submit a complete edTPA portfolio.

edTPA would be required non-consequentially for all test takers* as a data collection year beginning September 1, 2023.

EPPs would be held accountable for candidate performance on the edTPA during the 2023–2024 academic year in the EPP's ASEP rating, though the edTPA would continue to be implemented non-consequentially.

edTPA passing standards would be adopted in commissioner rules by January 2024, with an effective date of September 2024, in order to provide ample notice to the field.

2024–2025

Consequential Implementation:

An official cut score would be implemented during this period. Candidates would need to meet or exceed the given cut score to pass the exam.

edTPA would be required consequentially for all test takers* beginning September 1, 2024.

EPPs would be held accountable for candidate performance on the edTPA during the 2024–2025 AY in the EPP's ASEP rating.

edTPA passing standards would be effective as of September 1, 2024.

*The requirement would exclude the Trade and Industrial Education: EC–12, Trade and Industrial Workforce Training: Grades 6–12, and the Junior Reserve Officer Training Corps (JROTC): Grades 6–12 certificate categories because the certificates have a separate pedagogy exam requirement.

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: No changes have been made to this section since published as proposed. The TEA staff has determined there is an anticipated fiscal impact on individuals required to comply with the proposal during the first five years the rule is in effect. When required for certification, the edTPA exam will increase the cost for the pedagogy certification exam by $195 per examination. The edTPA exam will be optional in Fiscal Year (FY) 2023, so no individuals will be required to comply or to incur increased cost during the first year the rules are in effect. In FY 2024 onward, the proposed rules will require all candidates to take the edTPA exam. Based on 2020–2021 first-attempt testing data, TEA estimates administering 24,466 edTPA exams annually in FY 2024 onward, leading to a total additional cost to candidates of $4,770,870 annually, and a total cost of $19,083,480 to candidates over the first five years the rule is in effect. There is no additional fiscal impact on state or local government to comply with the proposal. EPPs may incur costs in implementing the edTPA exam requirement, though those costs would be locally determined, as there are no required costs associated with EPP implementation of the exam.

LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed. The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed. The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed. The proposal does impose a cost on regulated persons, another state agency, a special district, or a local government, and, therefore, is subject to TGC, §2001.0045. However, the proposal is exempt from TGC, §2001.0045, as provided under that statute, because the proposal is necessary to ensure that certified Texas educators are competent to educate Texas students and, therefore, necessary to protect the safety and welfare of the residents of this state.

TAKINGS IMPACT ASSESSMENT: No changes have been made to this section since published as proposed. The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.

GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed. 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 require 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 BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed. The public benefit anticipated as a result of the proposal would be the increased teacher knowledge and skill in critical pedagogical competencies, leading to the anticipated growth in teacher readiness to meet the needs of Texas's diverse student population. The TEA staff determined there is an economic cost to persons required to comply with the proposal. Future teacher candidates seeking probationary or standard certification would be required to take the edTPA exam beginning in FY 2024. The edTPA exam requirement will increase the exam cost for the pedagogy certification exam by $195. Based on 2020–2021 first attempt testing data, TEA staff anticipate administering 24,466 exams annually in FY 2024 onward, leading to a total additional cost of $4,770,870 annually.

DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed. The proposal would have no new data and reporting impact.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed. The TEA staff has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

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.

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 C, Assessment of Educators, §230.21, Educator Assessment.

Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Jessica McLoughlin, Director, Educator Standards, Testing, and Preparation

Attachment I:
Text of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment

Attachment II:
Text of Proposed Figure: 19 TAC §230.21(e)