Review of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment

April 13, 2018

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

SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review a State Board for Educator Certification (SBEC) rule action that would propose an amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators. The proposed amendment to 19 TAC §230.21, Educator Assessment, would update the figure in subsection (e) with the appropriate required examinations for Texas certificate issuance and would incorporate language that strengthens the provisions concerning test security and confidentiality integrity. Additional technical changes were made for clarification purposes.

STATUTORY AUTHORITY: Statutory authority for 19 TAC Chapter 230, Subchapter C, §230.21, is the Texas Education Code (TEC), §§21.031; 21.041(a), (b)(1), (4), (7), and (8), and (c); 21.045(a)(1); 21.048; and the Texas Occupations Code (TOC), §54.003.

TEC, §21.031, charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators to ensure that all candidates for certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.

TEC, §21.041(a), authorizes the SBEC to adopt rules as necessary to implement its procedures.

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)(4), requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate.

TEC, §21.041(b)(7), authorizes the SBEC to adopt rules as necessary to provide for educator disciplinary proceedings, including the suspension or revocation of an educator certificate.

TEC, §21.041(b)(8), authorizes the SBEC to adopt rules as necessary for the adoption, amendment, and enforcement of an educator's code of ethics.

TEC, §21.041(c), authorizes the SBEC to adopt rules as necessary to establish fees for the issuance and maintenance of an educator's certificate.

TEC, §21.045(a)(1), authorizes the SBEC to adopt rules as necessary to use the results of certification examinations as part of the accountability system for educator preparation programs.

TEC, §21.048, authorizes the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the board; the maximum time between test retakes and the total number of test attempts per certification candidate; guidelines for development and administration of examinations for educators who have a hearing impairment; and the guidelines for maintaining confidentiality of examination results.

Texas Occupations Code, §54.003, authorizes the SBEC to adopt rules as necessary to provide examination accommodations for persons with dyslexia.

EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §230.21 would be May 17, 2018.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC is statutorily authorized to regulate and oversee all aspects of the certification of public school educators. SBEC is also statutorily authorized to ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse population of this state.

The SBEC rules in 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment, establish guidelines and procedures for the assessment of educators.

The proposed amendment to 19 TAC Chapter 230, Subchapter C, §230.21, would update the list of required examinations for certificates issued by the SBEC and adopted in rule as Figure: §230.21(e). The proposed amendment would also incorporate language that broadens the scope of persons that should comply with the test security and confidentiality integrity provisions outlined in this chapter. This change would require candidates for certification to comply with the same provisions as current educators regarding test security and confidentiality integrity provisions.

§230.21. Educator Assessment

Language would be amended in subsection (e) to update Figure: 19 TAC §230.21(e) and provide the most current list of examinations required for issuance of Texas certificates. The current version of the figure would be updated with the proposed new version of the figure reflected in Attachment II. The updated figure would incorporate minor technical edits to add six certificate references, correct six certificate names, and delete information for 13 certificates that will no longer be issued by the SBEC by the anticipated effective date of the proposed amendment to 19 TAC §230.21.

The following changes, organized by Certificate TAC Reference, are reflected in updated Figure: 19 TAC §230.21(e), as reflected in Attachment II:

• §233.6: deleted Bilingual Generalist: Grades EC-6 and Bilingual Generalist: Grades 4-8
• §233.2: added Core Subjects: Grades EC-6 and Core Subjects: Grades 4-8
• §233.7: deleted English as a Second Language Generalist: Grades EC-6 and English as a Second Language Generalist: Grades 4-8
• §239.20: corrected title of School Counselor Certificate, Prekindergarten changed to Early Childhood
• §233.10: added Dance: Grades 6-12
• §239.93: corrected title of Reading Specialist Certificate, Prekindergarten changed to Early Childhood
• §233.2: deleted Generalist: Grades EC-6 and Generalist: Grades 4-8
• §233.3: deleted Journalism: Grades 8-12 certificate
• §233.17: added Junior Reserve Officer Training Certificate: Grades 6-12
• §233.15: added Korean: Early Childhood-Grade 12 and Portuguese: Early Childhood-Grade 12
• §239.60: corrected title of School Librarian Certificate, Prekindergarten changed to Early Childhood
• §239.101: corrected title of Master Reading Teacher Certificate, Prekindergarten changed to Early Childhood
• §233.4: deleted Physics/Mathematics: Grades 8-12 and Mathematics/Physical Science/Engineering: Grades 8-12
• §241.20: corrected title of Principal Certificate, added Early Childhood-Grade 12
• §242.20: corrected title of Superintendent Certificate, added Early Childhood-Grade 12
• §233.13: deleted Business Education: Grades 6-12, Marketing Education: Grades 8-12, Health Science Technology Education: Grades 8-12, and Trade and Industrial Education: Grades 8-12 certificates.

These proposed changes would ensure accurate information in rule on required tests for certificate issuance.

Language would be amended in subsection (g)(1), (2), and (4), renumbered as subsection (3), to add the word "candidate" to the list of persons required to comply with test security and confidentiality integrity. The proposed amendment would clarify that a candidate who participates in the development, design, construction, review, field testing, or validation of an examination; who administers an examination; and/or who is an examinee complies with the same provisions of this subsection currently only required of educators. This proposed change would clarify that these provisions apply to anyone involved in activities related to taking, administering and/or scoring a test, developing and/or reviewing certification tests, or providing input on recommended test cut scores or test passing standards, resulting in better test security and the confidentiality integrity of SBEC-issued examinations.

Language would be amended to delete current subsection (g)(3) to extend the expectations of compliance related to test security and confidentiality integrity to include candidates seeking certification as an educator, as referenced in subsection (a), and/or candidates seeking a standard certificate as an educator, based on completion of an approved educator preparation program (EPP), as referenced in subsection (b). The information deleted in current subsection (g)(3) would be addressed in subsection (g)(5) to include candidates to the list of individuals for whom sanctions could apply for violation of this subsection regarding test security and confidentiality integrity.

New subsection (g)(4) would clarify that an educator or candidate should not solicit information about the contents of an examination or conduct himself or herself in a way that violates test security or confidentiality integrity. This change would further clarify expectations of ethical behavior related to educator testing and activities related to certificate issuance.

Language would be amended in subsection (g)(5) to clarify penalties that apply respectively to candidates for certification and to certified educators for violations of this section to address an increase in test cheating incidents in recent years. Language in current subsection (g)(5)(C) would be moved as part of subsection (g)(5)(A) to clarify that under the SBEC's authority, disallowance from examination is a possible form of sanction for educators. Minor technical edits would also be made to conform with Texas Register format and style requirements and to reflect the term "confidentiality integrity" in the first sentence of subsection (g).

The proposed amendment to 19 TAC Chapter 230, Subchapter C, §230.21, would clarify examination requirements for certificate issuance and update provisions concerning test security and confidentiality integrity, sending a clear message to educators, certification candidates, and individuals about the high-stakes nature of certification examinations and the importance of ethical behavior in all aspects of educator testing.

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: The TEA staff has determined that there is no additional fiscal impact on state and local governments and there are no additional costs to entities required to comply with the proposed amendment. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.002. The proposed amendment does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT: The TEA staff has determined that the proposed amendment does not have a government growth impact pursuant to Texas Government Code, §2001.0221. As noted in the justification, the rule expands the applicability of the rule covering testing confidentiality integrity to include candidates for certification.

PUBLIC AND STUDENT BENEFIT : The public and student benefit would be the continuation of requirements relating to certification, fees, procedures for testing and certificate issuance, educational aides, and permits for professional educator preparation and certification. The proposed amendment does not impose a cost on persons required to comply with the rule.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would have no additional procedural and reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no additional 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 is shared with the SBOE under separate cover prior to this SBOE meeting.

OTHER COMMENTS AND RELATED ISSUES: None.

MOTION TO BE CONSIDERED: The State Board of Education:

Take no action on the proposed amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment, with an effective date of 20 days after filing the adoption notice with the Texas Register.

Staff Members Responsible:  

Ryan Franklin, Associate Commissioner
Educator Leadership and Quality

Marilyn Cook, Director
Educator Certification and Testing

Attachments:
I.  Statutory Citations (PDF, 22KB)
II. Text of Proposed Amendment to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators, §230.21, Educator Assessment (including new Figure: 19 TAC §230.21(e)); Text of Current Figure: 19 TAC §230.21(e) (PDF, 222KB)