April 2023 Committee on School Initiatives Item 3
Review of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates
April 14, 2023
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 amendments to 19 Texas Administrative Code (TAC) Chapter 233, Categories of Classroom Teaching Certificates. The proposed amendments would remove certificates no longer issued by the SBEC; would strike, where applicable, language referencing deadlines for use of test scores for certificate issuance; would add three new special education certificates into rule; would update language specific to licensure requirements for cosmetology certification; and would propose the addition of a new foreign language certificate to the list of credentials issued by the SBEC. Technical changes would also provide clarification and consistent information related to the classroom teacher 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); 21.0442; 21.048(a) and (a-2); 21.0487; 21.0489; 21.0491; and 22.0831(f)(1) and (2).
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, requires the SBEC to create an abbreviated educator preparation program (EPP) 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, §21.048(a-2), requires the SBEC to adopt rules to require individuals teaching any grade level from Prekindergarten–Grade 6 to demonstrate proficiency in the science of teaching reading.
TEC, §21.0487, requires the SBEC to establish a standard Junior Reserve Officer Training Corps teaching certificate.
TEC, §21.0489, requires the SBEC to create a Prekindergarten–Grade 3 certificate.
TEC, §21.0491, requires the SBEC to create a probationary and standard trade and industrial workforce training certificate.
TEC, §22.0831(f)(1) and (2), state the SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements.
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 233, Categories of Classroom Teaching Certificates, establish separate certificate categories within the certificate class for the classroom teacher. These categories identify the content area or special population the holder may teach, the grade levels the holder may teach, and the earliest date the certificate may be issued.
Following is a description of the proposed amendments included in the attachment.
§233.1. General Authority.
The proposed amendment in 19 TAC §233.1(e) would delete references to use of test scores for certificate issuance and applicability of catastrophic illness and military service since these provisions are addressed in other SBEC rules. The proposed amendment would also ensure that there is clarity around required tests for certification and deadlines for certificate issuance as reflected in Figure §230.21(e) of 19 TAC Chapter 230, Subchapter C, Assessment of Educators.
§233.2. Early Childhood; Core Subjects.
The proposed amendment in §233.2(b) Core Subjects: Early Childhood–Grade 6 and §233.2(c) Core Subjects: Grades 4–8 certificates would delete these certificate references since they are no longer credentials issued by the SBEC. Proposed amendment in §233.2(d) Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6 certificate would delete references to use of passing scores on Core Subjects examinations and related deadlines for purposes of certificate issuance. The remaining rules in this section will be re-lettered to subsections (b) and (c).
§233.3. English Language Arts and Reading; Social Studies.
The proposed amendment to §233.3(a) English Language Arts and Reading: Grades 4–8 and §233.3(d) English Language Arts and Reading/Social Studies: Grades 4–8 certificates would delete these certificate references since they are no longer issued by the SBEC. The proposed amendment to §233.3(b) would also delete references to use of passing scores on the 117 ELAR 4–8 TExES examination and related deadlines for purposes of certificate issuance. The remaining rules in this section would be re-lettered to subsections (a)–(h).
§233.5. Technology Applications and Computer Science.
The proposed amendment to §233.5(a) would delete the reference to the Technology Applications: Grades 8–12 certificate that is no longer issued by the SBEC. The remaining rules in this section will be re-lettered to subsections (a) and (b).
§233.8. Special Education.
The proposed amendment would add the following three new special education certificates into rule: §233.8(a), Core Subjects with Science of Teaching Reading/Special Education: Early Childhood-Grade 6; §233.8(b), Deafblind Supplemental: Early Childhood-Grade 12; and §233.8(d), Special Education Specialist: Early Childhood–Grade 12. The proposed addition of these new certificates reflects years of work completed by Texas Education Agency (TEA) staff and stakeholders in developing new special education standards approved by the SBEC and honors the continuing test development work completed by stakeholders and advisory committees. The proposed amendment would also specify that the new special education certificates would be issued by the SBEC no earlier than September 1, 2025, and September 1, 2026, accordingly. The remaining rules in this section would be re-lettered to subsections (c)–(g).
§233.10. Fine Arts.
The proposed amendment to §233.10(d) would delete the Dance: Grades 8–12 certificate that is no longer issued by the SBEC. The remaining rule in this section would be re-lettered to subsection (d).
§233.14. Career and Technical Education (Certificates requiring experience and preparation in a skill area).
The proposed amendment to §233.14(d)(2), Trade and Industrial Education: Grades 6-12 certificate, would provide a technical edit by clarifying the acronym, NOCTI, refers to the National Occupational Competency Testing Institute. NOCTI's teacher assessments are designed to measure an individual's knowledge of high-level concepts, theories, and applications in specific technical areas and to evaluate individuals with a combination of education, training, and work experiences. The proposed amendment would also update references to the credentials that must be held by a cosmetology teacher (i.e., a valid Cosmetology Operator license or Class A Barber Operator license) and would align with legislation to eliminate the outdated reference to a current cosmetology instructor license issued by the Texas Department of Licensing and Regulation.
The proposed amendment to §233.14(d)(3) would clarify that individuals seeking initial certification in Trade and Industrial Education: Grades 6-12 certificate, would satisfy the required years of classroom teaching experience on an intern or probationary certificate, and not on an emergency permit. The emergency permit reference would be removed because SBEC rules do not allow the experience serving on that credential to count toward completion of EPP preparation and certification requirements for licensure. This amendment aligns with other SBEC rules and does not reflect a change in procedures.
§233.15. Languages Other Than English.
Proposed new §233.15(a)(14), Tamil: Early Childhood–Grade 12, would add a new foreign language certificate area to the list of certificates to be issued by the SBEC no earlier than September 1, 2025. The addition of the Tamil certificate would address a petition for a new certificate area from 2018 and would align with the certification examination and corresponding implementation date being added as a proposed amendment to Figure: 19 TAC §230.21(e), in a separate discussion item, Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, and Subchapter C, Assessment of Educators. The proposed deletion of §233.15(15), Urdu: Early Childhood–Grade 12, would remove this credential from the list of certificates issued by the SBEC as standards or test development activities were never initiated for this certificate area. The remaining rules would be re-numbered to paragraphs (15) and (16).
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 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 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, 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 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 continued issuance of classroom teaching certificates to eligible individuals. The TEA staff has determined there is no anticipated cost to persons 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 proposed amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates.
Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Marilyn Cook, Senior Director, Educator Preparation and Certification
Attachment:
Text of Proposed Amendments to 19 TAC Chapter 233, Categories of Classroom Teaching Certificates