Review of Proposed Amendments to 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements

April 8, 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 amendments to 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 199, 1267, and 2066, 87th Texas Legislature, Regular Session, 2021. The proposed amendments would require that all educators receive continuing professional education (CPE) training in educating students with disabilities; would update the CPE training requirements for classroom teachers, principals, and school counselors; and would provide for the SBEC to determine the training guidelines for CPE credit regarding the use of an automated external defibrillator (AED). The proposed amendments would also allow for a school district to request a hardship exemption for an educator who has an invalid certificate due to not having the required CPE hours for certificate renewal; would require educators to receive dyslexia training for certificate renewal; and would add CPE activities to the list of topics that educators can receive for certificate renewal.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 232, Subchapter A, is the Texas Education Code (TEC), §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)–(4) and (7)–(9); 21.054, as amended by SBs 1267 and 2066, 87th Texas Legislature, Regular Session, 2021; 21.0541, as amended by SB 199, 87th Texas Legislature, Regular Session, 2021; 21.0543; and 22.0831(f); and Texas Occupations Code (TOC), §55.002 and §55.003.

TEC, §21.003(a), states 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, §21.0031(f), clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate.

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.

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.

TEC, §21.041(b)(7)–(8), requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Chapter 2001, Government Code; and provide for the adoption, amendment, and enforcement of an educator's code of ethics.

TEC, §21.041(b)(9), requires the SBEC to propose rules that provide for continuing education requirements.

TEC, §21.054, as amended by SBs 1267 and 2066, 87th Texas Legislature, Regular Session, 2021, requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.

TEC, §21.0541, as amended by SB 199, 87th Texas Legislature, Regular Session, 2021, requires the SBEC to propose rules that allow an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an AED.

TEC, §21.0543, requires the SBEC to propose rules that provide for CPE credit related to digital technology instruction.

TEC, §22.0831(f)(1) and (2), state SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements.

TOC, §55.002, states a state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes the individual failed to renew the license in a timely manner because the individual was serving as a military service member.

TOC, §55.003, states a military service member who holds a license is entitled to two years of additional time to complete any continuing education requirements and any other requirement related to the renewal of the military service member's license.

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 232, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, provide for rules that establish the requirements relating to types and classes of certificates issued, certificate renewal, and continuing professional education (CPE).

As a result of the 87th Texas Legislature, Regular Session, 2021, SBs 199, 1267, and 2066 require the SBEC to update rules regarding CPE for educator certificate renewal. In addition to the statutory changes, Texas Education Agency (TEA) staff have received input from stakeholders regarding updating CPE provisions. At the October 1, 2021 SBEC meeting, the SBEC provided input regarding the implementation of the legislation and the stakeholder input, which are reflected in this item.

Following is a description of topics for proposed amendments to 19 TAC Chapter 232, Subchapter A, that incorporate the 2021 enabling legislation and SBEC input. The relevant rule text from 19 TAC Chapter 232 is presented in Attachment I.

Following the October 2021 SBEC meeting, TEA staff solicited additional stakeholder feedback on proposed rulemaking. Attachment II incorporates a summary of the solicited stakeholder input along with staff responses and rationale of the proposed rule text. TEA staff received feedback from the following 10 stakeholders on the draft rule text, as listed below:

1. Teach Plus Policy Fellows, signed by nine classroom teachers
2. Holly Eaton – Texas Classroom Teachers Association
3. Carrie Griffith – Texas State Teachers Association
4. Jan Friese – Texas Counseling Association
5. Megan Guidry – school counselor
6. Carrie Proctor – school counselor certificate holder
7. Lesley Casarez – Texas School Counseling Association
8. Andrea Chevalier – Association of Texas Professional Educators
9. Jennifer Vandenbrook, Texas School Counseling Association
10. Patty Quinzi – Texas American Federation of Teachers

In addition to the following detailed descriptions, the proposed amendments would also provide relettering/numbering to conform with the Texas Register style and formatting requirements.

§232.7. Requirements for Certificate Renewal.

Proposed new §232.7(b)(4) would provide for a local school district to apply for a hardship exemption on behalf of an educator who has an invalid certificate due to not earning the required CPE hours for certificate renewal. The exemption would be valid for the academic year in which it is granted with the opportunity for the school district to renew the exemption for one additional year. The proposed amendment would require the application for a hardship exemption to be submitted by the superintendent or designee of the local district and would allow for a one-year renewal of the exemption. The exemption would allow school districts to hire educators who have left the classroom and allowed their CPE to lapse, while upholding the importance of educators obtaining SBEC-required CPE to remain abreast of new developments in teaching methods.

In §232.7, subsection (b) would be amended to change the cross reference to paragraphs (1)-(4) and subsection (b)(4) would be renumbered to subsection (b)(5) for technical formatting purposes. In addition, technical edits would be made in subsection (c)(1) and (7) to apply Texas Register style requirements for cross references and acronyms.

§232.11. Number and Content of Required Continuing Professional Education Hours.

Proposed new §232.11(c)(1) would implement SB 1267 and reflect SBEC and stakeholder input by requiring all educators to receive CPE training in educating students with disabilities, and the training must include information particular to educating students with dyslexia. This will ensure that all educators are prepared to teach any student assigned to their class. Proposed new §232.11(c)(2) would maintain the current requirements regarding required CPE content.

Technical edits would reorder paragraphs (1) and (2) to subparagraphs (A) and (B).

SB 1267 limits the number of hours in certain specific topics that classroom teachers and principals can obtain in CPE for purposes of certificate renewal. The proposed amendment to§232.11(d)(2) and §232.11(e)(2) would provide a transition period, of a certificate renewal date prior to September 1, 2023, for those classroom teachers and principals who have already obtained CPE hours in the topics identified in TEC, §21.054, as amended by SB 1267, in excess of the 25% limit introduced by SB 1267. It would allow educators who have already obtained in excess of 25% of their hours in these topics in reliance on the law and rules prior to SB 1267 to not lose credit for those hours, while allowing the flexibility in CPE topic areas intended by SB 1267.

Proposed new §232.11(d)(3) and §232.11(e)(3) would implement SB 1267 by removing some of the required topics in which classroom teachers and principals must obtain CPE hours and by capping the hours to no more than 25% of the total CPE hours required for certificate renewal for those renewing their certificate on or after September 1, 2023. The proposed new language would make the requirements of the rule parallel the requirements of TEC, §21.054, as amended by SB 1267.

Proposed new §232.11(e)(3)(F)(ii) would implement SB 2066 by requiring school principals to receive CPE training in educating emergent bilingual students, which were previously described as "students of limited English proficiency."

SB 1267 also limits the number of hours in all topics currently listed in TEC, §21.054, that counselors can obtain in CPE for purposes of certificate renewal. The proposed amendment to §232.11(f)(2) would allow counselors who have already obtained CPE hours in the topics identified in TEC, §21.054, as amended by SB 1267, in excess of the 25% limit introduced by SB 1267 to use those hours toward the requirements for certificate renewal prior to September 1, 2024. It would allow counselors who have already obtained in excess of 25% of their hours in these topics in reliance on the law and rules prior to SB 1267 to not lose credit for those hours, while allowing the flexibility in CPE topic areas intended by SB 1267. The proposed transition date for counselors is September 1, 2024, in contrast to the September 1, 2023 transition date proposed for classroom teachers and principals, because SB 1267 did not strike any of the required topics for counselors, so all of the training that counselors were previously encouraged to get in excess of 25% of their hours will now be capped at 25%.

Proposed new §232.11(f)(3) would implement SB 1267 by capping the hours of CPE that counselors can obtain in the required list of topics to no more than 25% of the total CPE hours required for certificate renewal for those renewing their certificate on or after September 1, 2024. The proposed new language would make the requirements of the rule parallel the requirements of TEC, §21.054, as amended by SB 1267. The proposed implementation date of September 1, 2024, will allow counselors who have already taken excess hours in the required topics prior to the enactment of SB 1267 to get credit for those hours when renewing their certificates.

The proposed amendment to §232.11(l)(3) would implement SB 199 by amending the required AED training for CPE purposes. The proposed amendment would remove the requirement that the training be approved under Texas Health and Safety Code, §779.002, as that requirement is no longer in TEC, §21.0541, as amended by SB 199. The proposed amendment would provide that the training be in accordance with the guidelines established by the device's manufacturer and approved by the American Heart Association, the American Red Cross, other nationally recognized associations, or the medical director of a local emergency medical services provider. This change would track the requirements of the Texas Department of Health and Human Services for AED training in 25 TAC §157.41(d), Emergency Medical Services and Course Approval, to ensure that educators are trained in safe and effective methods of using the AED.

The proposed new §232.11(l)(5)–(7) would provide optional CPE training for educators in the following topics for purposes of certificate renewal:

• educating students with mental health conditions, including how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma;
• for classroom teachers, educating emergent bilingual students; and
• educating students who engage in substance abuse.

These are topics that were previously required for CPE under TEC, §21.0541, before it was amended by SB 1267, but are no longer required. The proposed amendment would encourage educators to take continuing education in these important topics without requiring them. The proposed amendment will thus preserve the discretion for educators in choosing CPE hours, which was the intent of SB 1267 while still reminding educators of the significance of these topic areas.

A technical edit would be made to §232.11(l)(3) to remove the acronym "AED" because it is no longer needed.

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 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 proposed amendment in §232.11(c)(1) would create a new regulation for educators to receive CPE hours in educating students with disabilities for purposes of certificate renewal, as a result of SB 1267, 87th Texas Legislature, Regular Session, 2021. The proposed amendment also requires CPE to include educating students with dyslexia.

The proposed amendment in §232.7(b)(4) would limit an existing regulation by allowing individuals who have not completed the required CPE for certificate renewal to be able to teach for up to two years while completing those hours. The proposed amendment in §232.11(d)(3) would also limit an existing regulation by reducing the required topics that educators must obtain in CPE for purposes of certificate renewal and the number of hours that an educator can get in those hours, as a result of SB 1267, 87th Texas Legislature, Regular Session, 2021.

The proposed rulemaking 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 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 clear guidance for applicants, educators, school districts, and providers on CPE requirements. 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 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements.

Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Christie Pogue, Director, SBEC Policy Development and Support

Attachment I:
Text of Proposed Amendments to 19 TAC Chapter 19 TAC Chapter 232, General Certification Provisions, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements

Attachment II:
Chapter 232 Draft Rule Text Reflecting Stakeholder Input