September 2022 Committee on School Initiatives Item 5
Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter E, Educational Aide Certificate, §230.55, Certification Requirements for Educational Aide I
September 2, 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 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter E, Educational Aide Certificate, §230.55, Certification Requirements for Educational Aide I. The proposed amendment would update requirements for issuance of the Educational Aide I certificate to high school students who qualify for industry-based certification. The proposed amendment would also provide technical cross-reference and SBOE action updates.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 230, Subchapter E, §230.55, is the Texas Education Code (TEC), §21.041(a) and (b)(1)-(4).
TEC, §21.041(a), states the board may adopt rules as necessary for its own procedures.
TEC, §21.041(b)(1)–(4), 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, and requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates, the period for which each class of educator certificate is valid, and the requirements for the issuance and renewal of an educator certificate.
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, Subchapter E, specify the requirements for issuance of an educational aide certificate. The following provides a description of changes to 19 TAC §230.55.
The proposed amendment to §230.55(4) would include a technical cross-reference edit to reflect recent SBOE updates to Texas Essential Knowledge and Skills (TEKS) rule chapters for Career and Technical Education and to change references to Education and Training from Chapter 130, Subchapter E, to newly adopted Chapter 127, Subchapter G, Education and Training.
The proposed amendment to §230.55(4) would also expand the list of SBOE-approved education and training course options to be completed by high school students to qualify for the Educational Aide I certificate. The proposed amendment would allow high school students, who qualify for an industry-based certification, additional options for courses they can take to fulfill the three-credit requirement detailed in §230.55(4) and would continue to allow schools to accurately reflect these students as "career ready" in their accountability measures. The number of credits required to qualify for the Educational Aide I certificate remains unchanged.
The expanded list of approved education and training course options requires the proposed expansion of §230.55(4), wherein the existing two training course options are proposed to be contained in relettered subparagraphs (E) and (F), and the additional training course options are proposed to be contained in new subparagraphs (A)–(D), with §230.55(4) proposed to be organized by ascending training course section number. The proposed amendment to §230.55(E) and (F) would include the technical cross-reference edits to reflect recent TEKS chapter updates that align with the relevant education and training courses from Chapter 130, Subchapter E, to newly adopted Chapter 127, Subchapter G.
At adoption and in response to public comment, the SBEC changed the amended language of 19 TAC §230.55(4) to include the Human Growth and Development courses that are listed in 19 TAC §127.311 and §127.323 as qualifying courses for the Educational Aide I certificate. The list of proposed education and training courses were relettered accordingly due to the addition of the two courses at adoption.
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 Texas Education Agency (TEA) staff has determined that there is no additional fiscal impact on state and local governments and that there are no additional costs to persons or entities required to comply with the proposal.
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 not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.
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, the proposal 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 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 providing high school students more course options and, thereby, greater flexibility and opportunity to meet the course work requirements for issuance of the educational aide certificate as an industry-based certification. The TEA staff has determined that there is no anticipated cost to persons who are required to comply with the proposal.
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 E, Educational Aide Certificate, §230.55, Certification Requirements for Educational Aide I.
Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Marilyn Cook, Director, Educator Certification
Attachment:
Text of Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter E, Educational Aide Certificate, §230.55, Certification Requirements for Educational Aide I