Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments

June 17, 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 revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments. The proposed revisions would incorporate courses approved by the State Board of Education (SBOE), would add certificate areas to the list of credentials appropriate for placement into an assignment, and would incorporate technical edits where needed to improve readability and align citations.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 231 is the Texas Education Code (TEC), §§21.003(a), 21.031(a), 21.041(b)(1) and (2), and 21.064.

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(a), states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators.

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, §21.064, requires the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued, and to recognize these certificates until they expire.

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 231 establish the personnel assignments that correlate with appropriate certifications and are organized as follows:

• Subchapter A, Criteria for Assignment of Public School Personnel;
• 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;
• Subchapter E, Grades 9–12 Assignments;
• Subchapter F, Special Education–Related Services Personnel Assignments, and
• Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments.

These subchapters offer guidance to school districts and educators by providing the list of courses by grade level and subject area and identifying the corresponding certificates and other requirements for placement of individuals into classroom and/or campus assignments.

Proposed revisions to 19 TAC Chapter 231, Subchapters B, C, and E, shown in the attachment, are described below.

Subchapter B. Prekindergarten–Grade 6 Assignments

Science of Teaching Reading Personnel Assignments

To align with statutory requirements in House Bill (HB) 3, 86th Texas Legislature, Regular Session, 2019, the proposed amendments would add certificates that reflect the requirement that educators demonstrate proficiency in the science of teaching reading to teach certain courses. Changes to the following sections would add the appropriate certificates to teach those courses:

• §§231.3, 231.9, 231.21, 231.23, and 231.27 would add these certificates:
  • "Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6" and
  • "Early Childhood: Prekindergarten–Grade 3"
• §231.15 and §231.17 would add these certificates:
  • "Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6,"
  • "Early Childhood: Prekindergarten–Grade 3 (Prekindergarten–Grade 3 only)," and
  • "Core Subjects with Science of Teaching Reading: Grades 4–8 (Grades 4–6 only)
• §231.25 and new §231.31 would add this certificate:
  • "Early Childhood: Prekindergarten–Grade 3 (Prekindergarten–Grade 3 only)"

Titles, Assignments, and Technical Changes

The proposed amendment to §231.11 would update the title to "Bilingual, Prekindergarten–Grade 6" to reflect the appropriate course title with the assignment and would provide technical edits to align the appropriate certificates with the course.

The proposed amendment to §231.13 would update the title to "English as a Second Language, Prekindergarten–Grade 6" to reflect the appropriate course title with the assignment.

The proposed amendment to §231.15 would update the title to "Elementary, Prekindergarten–Grade 6" to reflect the appropriate course title with the assignment and would provide technical edits to align the appropriate certificates with the course.

The proposed amendment to §231.17 would update the title to "Reading, Prekindergarten–Grade 6" to reflect the appropriate course title with the assignment and would provide technical edits to align the appropriate certificates with the course.

The proposed amendment to §231.19 would update the title to "Languages Other Than English, Prekindergarten–Grade 6," would add American Sign Language to the list of courses, and would provide technical edits to align the appropriate certificates with the course.

Proposed new §231.31, "Health, Prekindergarten–Grade 6," would add to the course offerings with existing certificates appropriate for the assignment and update content previously inadvertently left out of the rules.

Subchapter C. Grades 6–8 Assignments

Science of Teaching Reading Personnel Assignments

To align with statutory requirements in HB 3, 86th Texas Legislature, Regular Session, 2019, the proposed amendments would add certificates that reflect the requirement that educators demonstrate proficiency in the science of teaching reading to teach certain courses. Changes to the following sections would add the appropriate certificates to teach those courses:

• §§231.41, 231.43, 231.45, 231.49, 231.51, 231.57, 231.61, and 231.63 would add these certificates:
  • "Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6" and
  • "Core Subjects with Science of Teaching Reading: Grades 4–8"
• §§231.67, 231.69, 231.71, and 231.73 would add these certificates:
  • "Core Subjects with Science of Teaching Reading: Early Childhood–Grade 6"
• §231.59 and §231.65 would add this certificate:
  • "Core Subjects with Science of Teaching Reading: Grades 4–8"
• §§231.45, 231.49, and 231.51 would add these certificates:
  • "English Language Arts and Reading with Science of Teaching Reading: Grades 4–8," and
  • "English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4–8"
• §231.57 and new §231.59 would add this certificate:
  • "English Language Arts and Reading/Social Studies with Science of Teaching Reading: Grades 4–8"

Titles, Assignments, and Technical Changes

The proposed amendment to §231.67, Health, Grades 6–8, would delete outdated certificate references in paragraphs (11) and (23) and provide further clarity around appropriate qualifications for the assignment. The remaining rules would be renumbered accordingly.

The proposed amendment to §231.69, Physical Education, Grades 6–8, would delete outdated certificate references in paragraphs (8) and (16) and provide further clarity around appropriate qualifications for the assignment. The remaining rules would be renumbered accordingly.

The proposed amendment to §231.79, Career Development, Grades 6–8, would add Technology Applications: Early Childhood–Grade 12 and Technology Applications: Grades 8–12 to the list of certificates appropriate to teach this course.

Subchapter E. Grades 9–12 Assignments

Titles, Assignments, and Technical Changes

Division 1. English Language Arts and Reading, Grades 9–12 Assignments.

The proposed amendments to §231.131, Writing, Grades 9–12, and §231.135, Journalism, Grades 9–12, would incorporate minor technical edits for both courses to remove nonexistent courses, correct course name titles, and delete outdated certificate and semester credit hour references. The remaining information in these sections would be renumbered accordingly, as applicable.

Division 2. Languages Other Than English, Grades 9–12 Assignments.

The proposed amendment to §231.153, American Sign Language, Grades 9–12, subsection (a), would add "or American Sign Language, Advanced Independent Study" to reflect a complete listing of courses for assignments to teach this subject at this grade level. All other information remains unchanged as presented in rule.

Division 3. Social Studies, Grades 9–12 Assignments.

The proposed amendment to §231.173, Economics with Emphasis on the Free Enterprise System and Its Benefits, Grades 9–12, would add "or Economics Advanced Studies" to reflect a complete listing of courses for assignments to teach this subject at this grade level. All other information remains unchanged as presented in rule.

Division 9. Career Development, Grades 9–12 Assignments.

The proposed amendment to §231.271, Career Development, Grades 9–12, subsections (a) and (c), would add Technology Applications: Early Childhood–Grade 12 and Technology Applications: Grades 8–12 to the list of certificates appropriate for the specified assignments.

Division 10. Agriculture, Food, and Natural Resources, Grades 9–12 Assignments.

The proposed amendment to §231.281, Agriculture, Food, and Natural Resources, Grades 9–12, would remove Energy and Natural Resource Technology from the list of courses to create proposed new §231.293, Energy and Natural Resource Technology, Grades 9–12, and list the certificates appropriate for placement into the assignment. The proposed change would clarify that individuals already teaching courses in the Renewable Energy Program of Study would also be eligible to teach this course.

Division 12. Arts, Audio Video Technology, and Communications, Grades 9–12 Assignments.

The proposed amendments would incorporate a minor technical edit to the division title to read, "Arts, Audio/Video Technology, and Communications, Grades 9–12 Assignments." The technical edit would align the division title reference with all other course listings in rule.

Division 19. Human Services, Grades 9–12 Assignments.

The proposed amendment to §231.469, Cosmetology, Grades 9–12, would remove the reference to "a valid license as a cosmetology instructor issued by the Texas Department of Licensing and Regulation (TDLR)," eliminated during the 2021 legislative session, and would replace the reference to a required credential with "a valid Cosmetology Operator license or Class A Barber Operator license."

Proposed amendments as specified by divisions and sections would add Trade and Industrial Workforce Training: Grades 6–12 to the list of certificates appropriate for placement into the following assignments:

• Division 10: §231.289 and §231.291
• Division 11: §§231.301, 231.303, 231.305, 231.307, 231.309, 231.311, and 231.313
• Division 12: §§231.333, 231.335, 231.337, 231.339, and 231.341
• Division 16: §§231.401, 231.403, and 231.405
• Division 18: §231.441 and §231.443
• Division 20: §§231.481, 231.483, 231.485, 231.487, and 231.489
• Division 21: §231.501 and §231.503
• Division 22: §§231.521, 231.523, and 231.525
• Division 23: §231.543
• Division 25: §231.631 and §231.633

Aligning with SBOE and Necessary Updates

To reflect courses approved by the SBOE and to make other necessary updates, the changes proposed in the specified divisions below would identify the appropriate certificates and/or training requirements for placement into various assignments.

Division 14. Education and Training, Grades 9–12 Assignments.

The proposed amendment to §231.381, Education and Training, Grades 9–12, would add two new SBOE-approved courses: Practicum in Early Learning, Grades 9–12, and Extended Practicum in Early Learning, Grades 9–12. The proposed changes to subsections (b) and (c) would confirm that certificates and training requirements already established in rule are appropriate for assignment to teach the two new courses.

Division 17. Health Science, Grades 9–12 Assignments.

The proposed amendment to §231.421(a) would add the new SBOE-approved course, Pharmacy II, to the list of course offerings. The certificates already established in rule are applicable for placement into this new course assignment.

The proposed amendment to §231.421(b) would add the new SBOE-approved course, Medical Assistant, to the list of course offerings. The certificates already established in rule are applicable for placement into this new course assignment.

The proposed amendment to §231.423, Anatomy and Physiology, Medical Microbiology, and Pathophysiology, Grades 9–12, would add the new SBOE-approved course, Respiratory Therapy I, to the list of course offerings. The certificates already established in rule are applicable for placement into this new course assignment.

The proposed amendment to §231.425, Mathematics for Medical Professionals, Grades 9–12, would add the new SBOE-approved course, Medical Coding and Billing, to the list of course offerings. The certificates already established in rule are applicable for placement into this new course assignment.

The proposed amendment to §231.427, Health Informatics, Grades 9–12, would delete business, office education, and marketing certificates specified in paragraphs (5) through (9). These proposed changes align with SBOE changes to content prerequisites to teach this course.

Proposed new §231.429, Healthcare Administration and Management; Leadership and Management in Nursing, Grades 9–12, would add two new SBOE-approved courses and the certificates appropriate for placement into these course assignments.

Division 24. Science, Technology, Engineering, and Mathematics, Grades 9–12 Assignments.

The proposed amendments to this division would delete references to Science, Technology, Engineering, and Mathematics: Grades 6–12 certificate from 12 sections: §§231.561, 231.563, 231.565, 231.567, 231.569, 231.571, 231.573, 231.575, 231.577, 231.579, 231.581, and 231.583. A Science, Technology, Engineering, and Mathematics (STEM) certificate does not exist, nor are there any plans to create an SBEC-issued certificate for this subject area. The proposed deletion of references to this non-existent certificate will reduce confusion in the field regarding STEM certification. The remaining information in these sections would be renumbered accordingly, as applicable.

The proposed amendments would also add Trade and Industrial Education: Grades 6–12, Trade and Industrial Education: Grades 8–12, and Trade and Industrial Workforce Training: Grades 6–12 certificates, as applicable, to the list of credentials appropriate for placement into assignments specified in 16 sections: §§231.561, 231.563, 231.565, 231.567, 231.569, 231.571, 231.573, 231.575, 231.577, 231.579, 231.581, 231.583, 231.587, 231.589, 231.591, and 231.593. The remaining information in these sections would be renumbered accordingly, as applicable.

Division 26. Energy, Grades 9–12 Assignments.

The proposed amendment to §231.651, Energy and Natural Resources, Grades 9–12, would change the heading to "Energy" for this series of course listings and add the Trade and Industrial Workforce Training: Grades 6–12 certificate to the list of credentials appropriate to teach the specified courses. The remaining information in these sections would be renumbered accordingly, and as applicable.

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, 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 clear guidance for districts on appropriate credentials for placement of individuals into classroom, administrative, and support personnel assignments. The TEA staff has determined 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 proposed revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments.

Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Marilyn Cook, Director, Educator Certification

Attachment:
Text of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter B, Prekindergarten–Grade 6 Assignments; Subchapter C, Grades 6–8 Assignments; and Subchapter E, Grades 9–12 Assignments