April 2023 Committee on School Initiatives Item 4
Review of Proposed Revisions to 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, and Subchapter D, Reading Specialist Certificate
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 revisions to 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, and Subchapter D, Reading Specialist Certificate. The proposed revisions would update the standards for the School Librarian and Reading Specialist certificates, would provide timelines for transitions for both certificates to the new standards for preparation purposes, and would provide technical edits as necessary. The proposed revisions reflect feedback provided by the SBEC-appointed advisory committees for the School Librarian and Reading Specialist certificates.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 239, Subchapters B and D, is the Texas Education Code (TEC), §21.031(a); 21.040(2); 21.041(a); 21.041(b)(1)-(4); 21.044; 21.048(a); and 21.054.
TEC, §21.031(a), charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators.
TEC, §21.040(2), requires the SBEC to appoint an advisory committee composed of members of each class of certificate to recommend standards for that class to the SBEC.
TEC, §21.041(a), authorizes the SBEC to adopt rules as necessary to implement its procedures.
TEC, §21.041(b)(1)–(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; 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.
TEC, §21.044, 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(a), requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC and requires the commissioner of education to determine the satisfactory level of performance required for each certification examination and each core subject covered by the generalist certification examination.
TEC, §21.054, requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education 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 239, Subchapter B, School Librarian Certificate, and Subchapter D, Reading Specialist Certificate, establish the requirements and standards for the School Librarian and Reading Specialist certificates.
At the April 2021 SBEC meeting, the SBEC appointed educator standards advisory committees to review and make recommendations for updated educator standards for the School Librarian and Reading Specialist certificates. The SBEC-appointed advisory committees were convened to provide feedback on the current rules and processes related to the standards for both certificate areas. Texas Education Agency (TEA) staff updated the SBEC on the activities completed by both advisory committees and provided a high-level overview of key issues relevant to each certificate as part of the discussion item at the July 22, 2022 SBEC meeting. Further, TEA staff presented proposed changes to 19 TAC Chapter 239, Subchapters B and D, as part of the discussion item. The attached reflects the updated standards based on the feedback from the SBEC-appointed school librarian and reading specialist advisory committees, along with transition dates for the new certificates and technical updates.
Following is a description of the proposed revisions that are reflected in the attached that reflects the feedback from the SBEC-appointed school librarian and reading specialist advisory committees.
Subchapter B. School Librarian Certificate.
§239.55. Standards Required for the School Librarian Certificate.
The proposed amendment to §239.55(b) would clarify that the required educator standards for the School Librarian certificate outlined in subsection (b) apply to an applicant who is admitted to an educator preparation program (EPP) before September 1, 2026, and would renumber the current educator standards. These changes would provide a transition period for the current educator standards for the Reading Specialist certificate.
The proposed new §239.55(c) would clarify that the required educator standards for the School Librarian certificate outlined in subsection (c) apply to an applicant who is admitted to an EPP on or after September 1, 2026. These changes would provide a transition period for the current educator standards. The proposed subsection would reflect the recommendations of the educator standards advisory committee, would reinforce best practices captured in the Texas State Library and Archives Commission standards; would align to recent updates made to the English Language Arts and Reading (ELAR) Texas Essential Knowledge and Skills (TEKS); would capture the critical role that technology plays in the school librarian's responsibilities; and would reflect the range of roles, responsibilities, and experiences of the school librarian influenced by the growing and changing needs of schools across the state.
The proposed new §239.55(c)(1) would create a new Standard I to specify the standards needed to demonstrate knowledge, skills, and dispositions related to information literacy. Standard I would outline the school librarian's ability to apply knowledge of providing information literacy instruction that enables educators, learners, and other school stakeholders to efficiently locate, accurately evaluate, ethically use, and clearly communicate information in various formats across all grade levels.
The proposed new §239.55(c)(2) would create new Standard II to specify the standards needed to demonstrate the knowledge, skills, and dispositions related to inquiry and inquiry-based instruction. Standard II would outline the school librarian's ability to apply knowledge of creating a culture of inquiry, which includes the pursuit, creation, and sharing of knowledge, as well as support for both student and professional learning.
The proposed new §239.55(c)(3) would create new Standard III to specify the standards needed to demonstrate the knowledge, skills, and dispositions related to promoting a culture of reading across all grade levels. Standard III would outline the school librarian's ability to apply knowledge of promoting reading for learning, personal growth, and enjoyment, which are essential skills for college, career, and community.
The proposed new §239.55(c)(4) would create new Standard IV to specify the standards needed to demonstrate knowledge, skills, and dispositions related to digital learning. Standard IV would outline the school librarian's ability to apply knowledge of supporting and advocating for equitable access to current and emerging technologies, providing curated and open access to a variety of resources, and modeling best instructional practices informed by International Society for Technology in Education (ISTE) Standards for Educators and curriculum standards.
The proposed new §239.55(c)(5) would create new Standard V to specify the standards needed to demonstrate knowledge, skills, and dispositions related to cultivating a safe and nurturing learning environment. Standard V would outline the school librarian's ability to apply knowledge of developing and maintaining the library as an essential, safe, and flexible environment that is an inviting, shared space for teaching, learning, and personal exploration.
The proposed new §239.55(c)(6) would create new Standard VI to specify the standards needed to demonstrate knowledge, skills, and dispositions related to leadership. Standard VI would outline the school librarian's ability to apply knowledge of proactively collaborating, planning, and engaging in leadership activities for various purposes (in collaboration with teachers, principals, school counselors, reading specialists, instructional coaches, instructional technologists, and/or curriculum specialists) to model and lead research-based best practices across campus, district, and professional communities, as well as seek professional growth opportunities.
§239.65. Requirements to Renew the Standard School Librarian Certificate.
The proposed amendment to §239.65 would reflect current requirements for the renewal of a School Librarian certificate regarding compliance with the provisions in 19 TAC Chapter 232, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements. The proposed amendment would also strike outdated language and provide a technical edit to the certificate naming convention.
§239.70. Transition and Implementation Dates.
The proposed repeal of §239.70 would remove outdated language concerning transition and implementation dates. The proposed amendment to §239.55(b) and (c) would prescribe the transition dates necessary to provide clarity of when each set of standards would be utilized for candidates depending on admission date.
The proposed amendments would provide a technical edit to the certificate naming convention in §§239.40, 239.45, and 239.60 and a technical edit to a commissioner rule reference.
Subchapter D. Reading Specialist Certificate.
§239.92. Preparation Program Requirements.
The proposed amendment to §239.92 would add a cross-reference to the proposed amendment to §239.93, Standards Required for Reading Specialist Certificate, to clarify that the EPP requirements must be aligned to the Reading Specialist certificate standards.
§239.93. Requirements for the Issuance of the Reading Specialist Certificate.
The current §239.93, Requirements for the Issuance of the Reading Specialist Certificate, is proposed to be repealed and replaced with proposed new §239.93, Standards Required for Reading Specialist Certificate. Current §239.93 is proposed to be recodified with changes as §239.94, Requirements for the Issuance of the Reading Specialist Certificate.
Proposed new §239.93(a) would require that EPPs use the knowledge and skills in proposed new §239.93(b) and (c) as the basis for curriculum and course work and that the SBEC use them as the basis for the Reading Specialist certification examination and for continuing education for Reading Specialists.
Proposed new §239.93(b) would clarify that the required educator standards for the Reading Specialist certificate outlined in subsection (b) apply to an applicant who is admitted to an EPP before September 1, 2026, and would reflect the current educator standards. These changes would provide a transition period for the current educator standards for the Reading Specialist certificate.
Proposed new §239.93 would clarify that the required educator standards for the Reading Specialist certificate outlined in subsection (c) apply to an applicant who is admitted to an EPP on or after September 1, 2026. These changes would provide a transition period for the current educator standards. The proposed new standards would reflect the recommendations of the educator standards advisory committee and would ensure alignment with and representation of current realities within Texas classrooms and schools, as well as statewide priorities regarding literacy, literacy instruction, and literacy support. Specifically, the proposed new educator standards for the Reading Specialist certificate emphasize the interconnected nature of reading and writing; highlight the need for literacy support throughout all levels of schooling; reflect the need for Reading Specialists to be seen as campus and district leaders; align to Reading Academies, the Science of Teaching Reading standards, and updates made to the ELAR TEKS and content, respectively; reflect a wide range of experiences and responsibilities regarding the Reading Specialist role across the state; and capture a wide variety of diverse literacy support needs throughout Texas campuses and districts at large.
Proposed new §239.93(c)(1) would create new Standard I to specify the standards needed to demonstrate the knowledge, skills, and dispositions related to reading foundations, curriculum, and instruction. Standard I would outline the reading specialist's ability to apply advanced knowledge of literacy foundations and development, which include the interrelatedness of oral and written language (reading, writing, listening, speaking, thinking) to collaborate, develop, lead, and advocate for learning experiences in response to the diverse needs (cultural, linguistic, educational) of students and other stakeholders (Early Childhood-Grade 12 (EC-12) teachers, district administrators, parents) regarding the topics of oral foundations of reading development, phonological and phonemic awareness, print concepts and alphabetic knowledge, orthography: phonics, morphology, and etymology, reading fluency, comprehension, vocabulary, and writing to model and support evidence- and research-based best practices.
Proposed new §239.93(c)(2) would create new Standard II to specify the standards needed to demonstrate the knowledge, skills, and dispositions related to assessment. Standard II would outline the reading specialist's ability to apply advanced knowledge of foundational concepts, principles, and evidence-based practices related to literacy assessment; a variety of literacy assessments and uses in order to identify, administer, and analyze assessments; using assessment data to produce both written and oral reports to inform instruction, intervention, and curriculum decisions; how to effectively communicate both written and orally in order to disseminate assessment results for all stakeholders; how to interpret assessment results identifying strengths and needs for instructional decision making (campus, grade level, teacher, and individual student); delays or differences in language and literacy development and when it warrants referral for additional evaluation or intervention; and the importance of selecting and using texts and tests that reflect a diversity of cultures and linguistic backgrounds, including the diversity of the classroom, school community, and society.
Proposed new §239.93(c)(3) would create new Standard III to specify the standards needed to demonstrate the knowledge, skills, and dispositions related to learner needs and support. Standard III would outline the reading specialist's ability to apply advanced knowledge of emergent bilingualism and the transfer from heritage language to additional language(s); advocacy and pedagogy for diverse and exceptional learners; differentiation, management, routines, and accessibility for literate and inclusive learning environments; the importance of including mental health wellness within the context of literacy instruction; state and federal laws, regulations, and guidelines regarding assessment and provision of services for learners with learning differences/exceptionalities (i.e., marginalized learners, dyslexia, dysgraphia, literacy difficulties/disabilities, twice-exceptional, etc.).
Proposed new §239.93(c)(4) would create new Standard IV to specify the standards needed to demonstrate the knowledge, skills, and dispositions related to professional leadership and development. Standard IV would outline the reading specialist's ability to apply advanced knowledge of theories of shared leadership and coaching with educational stakeholders, ethical responsibilities and the reading specialist's role in a campus/district and impact on all stakeholders, and adult learning theories and professional development models.
§239.94. Requirements to Renew the Standard Reading Specialist Certificate.
The current §239.94, Requirements to Renew the Standard Reading Specialist Certificate, is proposed to be repealed and replaced with proposed new §239.94, Requirements for the Issuance of the Reading Specialist Certificate. Current §239.94 is proposed to be recodified with changes as proposed new §239.95, Requirements to Renew the Standard Reading Specialist Certificate.
Proposed new §239.94 codifies and amends provisions currently in §239.93, Requirements for the Issuance of the Reading Specialist Certificate. The proposed new rule would set out the current requirements that an individual complete a program that aligns with the educator standards for that certificate, successfully complete the exam, hold a master's degree, and have two creditable years of teaching experience as a classroom teacher. The proposed new rule would also add a reference to proposed new §239.93, Standards Required for Reading Specialist Certificate, to clarify the standards that EPPs are expected to implement.
§239.95. Requirements to Renew the Standard Reading Specialist Certificate.
Proposed new §239.95 recodifies and amends provisions currently in §239.94, Requirements to Renew the Standard Reading Specialist Certificate. The proposed new section would reflect current requirements for the renewal of a Reading Specialist certificate regarding compliance with the provisions in 19 TAC Chapter 232, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements. The proposed new subsection would also strike outdated language.
§239.95. Transition and Implementation Dates.
The proposed repeal of §239.95 would remove outdated language. The proposed amendment to §239.93(b) and (c) would prescribe the transition dates necessary to provide clarity of when each set of standards would be utilized for candidates depending on admission date.
The proposed amendment would provide a technical edit to the certificate naming convention in §239.90 and §239.91.
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 create new regulations and repeal regulations. The proposal would repeal §239.65(a) and (c) and §239.70 because they are out of date and no longer relevant, §239.93 because it would be recodified as proposed new §239.94, §239.94 because it is in part out of date and in part to be recodified as proposed new §239.95, and §239.95 because it is out of date and no longer relevant. The proposal would create new regulations in proposed new §239.93, which consolidates and clarifies the standards for a Reading Specialist Certificate; §239.94, which would recodify existing §239.93, and §239.95, which would recodify the continuing provisions of existing §239.94.
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 expand or limit 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 more rigorous requirements for the preparation, certification, testing, and renewal of school librarians and reading specialists that result in highly effective certified school librarians and reading specialists upon entry into the profession and retention of these qualified professionals. 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 revisions to 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, and Subchapter D, Reading Specialist Certificate.
Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
DeMarco Pitre, Director, Educator Standards and Test Development
Attachment:
Text of Proposed Revisions to 19 TAC Chapter 239, Student Services Certificates, Subchapter B, School Librarian Certificate, and Subchapter D, Reading Specialist Certificate