Review of Proposed Amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12 Assignments

April 8, 2016

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

SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review State Board for Educator Certification (SBEC) rule actions that would amend 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12 Assignments. The proposed amendments to 19 TAC §§231.5, 231.11, 231.77, 231.91, 231.209, 231.253, 231.257, 231.333, 231.335, 231.337, 231.481, 231.483, 231.489, and 231.579 would clarify the appropriate credential for placement in a particular teaching assignment and implement applicable requirements from the 84th Texas Legislature, Regular Session, 2015.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 231, Subchapters B-E, is the Texas Education Code (TEC), §§21.031(a); 21.041(b)(1) and (2); 21.0487, as added by Senate Bill (SB) 1309, 84th Texas Legislature, Regular Session, 2015; and 29.061(b-1) and (b-2), as amended by House Bill (HB) 218, 84th Texas Legislature, Regular Session, 2015.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC §§231.5, 231.11, 231.77, 231.91, 231.209, 231.253, 231.257, 231.333, 231.335, 231.337, 231.481, 231.483, 231.489, and 231.579 would be May 15, 2016.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Current 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, provides guidance to school districts with regard to the certificates required for specific assignments of public school educators with corresponding certificates for each assignment for ease of use by school district personnel.

The proposed amendments to 19 TAC Chapter 231, Subchapters B-E, shown in Attachment II, would identify the appropriate certificates for placement in particular Prekindergarten-Grade 6, Grades 6-8, Grades 6-12, and Grades 9-12 classroom assignments.

Subchapter B, Prekindergarten-Grade 6 Assignments

As a result of HB 218, 84th Texas Legislature, Regular Session, 2015, language in 19 TAC §231.5, Bilingual, Prekindergarten, and §231.11, Bilingual, Kindergarten-Grade 6, would be amended to ensure individuals are appropriately certified in bilingual education or English as a second language if teaching the English component only of a dual language immersion/one-way or two-way program model in Prekindergarten-Grade 6. The proposed amendments to §231.5 and §231.11 would also specify that a valid classroom teaching certificate appropriate for the grade level and subject areas taught plus any bilingual education certificate or endorsement would also be an acceptable combination of credentials to teach in the respective bilingual assignments. The proposed amendments would allow broader application of all bilingual certificates in combination with the valid classroom teaching certificate appropriate for the grade level and subject areas taught, would provide clarity for assigning individuals into bilingual assignments, and would eliminate some of the confusion that currently exists about the various names of bilingual certificates issued over the years.

In response to public comment, language in 19 TAC §231.11(b) was amended to update the grade level to Kindergarten-Grade 6 since the assignment is for Bilingual, Kindergarten-Grade 6.

Subchapter C, Grades 6-8 Assignments

Language in 19 TAC §231.77 would be amended to delete Technology Applications: Grades 7-12 from the list of certificates appropriate for the Technology Applications, Grades 6-8 assignment because SBEC approved deletion of the Technology Applications: Grades 7-12 certificate in another section of the SBEC rules. Remaining paragraphs would be renumbered accordingly.

Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments

As a result of SB 1309, 84th Texas Legislature, Regular Session, 2015, language in 19 TAC §231.91 would be amended to add the proposed new standard Junior Reserve Officer Training Corps: Grades 6-12 certificate to the list of credentials appropriate to teach Reserve Officer Training Corps (ROTC). SBEC approved for publication a proposed rule to establish the Junior Reserve Officer Training Corps: Grades 6-12 certificate in another chapter of its rules. The proposed amendment to §231.91 would also change the grade level reference for the ROTC assignment from Grades 9-12 to Grades 6-12 to ensure that districts providing ROTC courses at the middle school level would have guidance on placement of teachers into that assignment. Remaining subsections would be relettered accordingly.

Subchapter E, Grades 9-12 Assignments

Language in 19 TAC §231.209 would be amended to delete the reference to TEA-approved training to match wording adopted effective May 17, 2015, by the SBEC in an earlier rule change for the same course in 19 TAC §231.573, Principles of Technology, Grades 9-12. References to Technology Applications: Grades 7-12 would be deleted from the list of certificates appropriate for the various assignments for Grades 9-12 specified in 19 TAC §§231.253, 231.257, 231.333, 231.335, 231.337, 231.481, 231.483, and 231.489, because SBEC approved for publication a rule amendment that, if adopted, would delete the Technology Applications: Grades 7-12 certificate. Remaining paragraphs in those sections would be renumbered accordingly. In addition, language would be amended in 19 TAC §231.579, Principles of Engineering, Grades 9-12, to delete the reference to required hours of physics to be eligible to teach the course.

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 rules by a vote of at least two-thirds of the members of the SBOE present and voting, but may not modify a rule. The rules take effect as rules of the SBEC if the SBOE fails to review the rules contained in this item by April 14, 2016, which is the 90th day after the date the SBOE first received the proposed rules.

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 rule actions. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendments to 19 TAC Chapter 231 would be updated requirements relating to the assignment of educators in Texas public schools.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed rule actions would have no procedural and reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed rule actions 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 will be shared with the SBOE under separate cover prior to this SBOE meeting.

ALTERNATIVES: None.

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 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12 Assignments.

Staff Members Responsible:
Ryan Franklin, Associate Commissioner
Educator Leadership and Quality

Marilyn Cook, Director
Educator Certification

Attachments:
I. Statutory Citations (PDF, 20KB)
II. Text of Proposed Amendments to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten-Grade 6 Assignments, Subchapter C, Grades 6-8 Assignments, Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments, and Subchapter E, Grades 9-12 Assignments (PDF, 53KB)