Review of Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards

February 2, 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 State Board for Educator Certification (SBEC) rule actions that would propose new 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards. Proposed new 19 TAC §§235.1, General Requirements, 235.11, Pedagogy and Professional Responsibilities Standards, Early Childhood: Prekindergarten-Grade 3, 235.19, Implementation Date, Early Childhood: Prekindergarten-Grade 3, 235.41, Pedagogy and Professional Responsibilities Standards, Grades 4-8, 235.59, Implementation Date, Grades 4-8, 235.61, Pedagogy and Professional Responsibilities Standards, Grades 7-12, and 235.89, Implementation Date, Grades 7-12, would implement recent legislation from the 85th Texas Legislative Session, 2017, specify the pedagogy and professional responsibilities (PPR) educator standards required for classroom teacher certification, and clarify the implementation date for the new standards. The proposed new chapter reflects feedback provided by the SBEC-appointed Classroom Teacher Standards Advisory Committee for the Early Childhood: Prekindergarten-Grade 3, Grades 4-8 (4-8), and Grades 7-12 (7-12) PPR standards.

STATUTORY AUTHORITY: The statutory authority for new 19 TAC Chapter 235 is Texas Education Code (TEC), §§21.003(a); 21.031; and 21.041(a) and (b)(1), (2), and (4); and 21.0489, as added by Senate Bill (SB) 1839 and House Bill (HB) 2039, 85th Texas Legislature, Regular Session, 2017, for Subchapter A; TEC, §§21.031, 21.040(4), and 21.041(b)(1), (2), and (4), for Subchapter B; TEC, §§21.031, 21.040(4), and 21.041(b)(1), (2), and (4), for Subchapter C; and TEC, §§21.031, 21.040(4), and 21.041(b)(1), (2), and (4), for Subchapter D.

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, 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, §21.040(4), states that the SBEC shall, for each class of educator certificate, appoint an advisory committee composed of members of that class to recommend standards for that class to the board.

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)(2) and (4), require the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates, and the requirements for the issuance and renewal of an educator certificate.

TEC, §21.0489, as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create a prekindergarten-Grade 3 certificate.

EFFECTIVE DATE: The proposed effective date of the proposed new 19 TAC Chapter 235 would be March 8, 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.

At the March and June 2017 SBEC meetings, the SBEC and Texas Education Agency (TEA) staff discussed the desire to establish the educator standards for the classroom teacher into rule and to provide grade-band focused PPR educator standards that are aligned with 19 TAC Chapter 149, Commissioner's Rules Concerning Educator Standards, and the commissioner-recommended appraisal instrument to better prepare beginning teachers.

At the August 4, 2017 SBEC meeting, TEA staff updated the SBEC on the activities completed by the advisory committee and presented the SBEC with the PPR standards the committee recommended and the next steps for adopting the standards in rule. At the October 6, 2017 meeting, the SBEC approved proposed new 19 TAC Chapter 235, Subchapters A-D, for publication in the Texas Register as proposed rules.

The SBEC rules in proposed new 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards, specify the educator standards for the classroom teacher class of certificates. The educator standards are the basis for educator preparation program (EPP) design to effectively prepare beginning classroom teachers and are the foundation for the certification examinations. The proposed new standards provide for more rigorous, relevant, and reliable requirements for the preparation, certification, and testing of classroom teachers upon entry into the profession and the retention of these qualified professionals.

The following is a description of proposed new 19 TAC Chapter 235, included in Attachment II, that implements recent legislation, reflects SBEC direction, establishes educator standards in rule, and incorporates feedback from the SBEC-appointed advisory committee for the PPR educator standards for the classroom teacher by grade bands: EC-3, 4-8, and 7-12. The numbering of the proposed new rule text provides room for future adoption in rule of additional educator standards for the classroom teacher class.

Subchapter A. General Provisions

§235.1. General Requirements

Proposed new subsection (a) would clarify that the standards identified in this chapter must be used by EPPs in the development of curricula and coursework as well as serve as the basis for the classroom teacher certification examinations. Proposed new subsection (b) would clarify that the standards underlying the content certification examinations are aligned with the Texas Essential Knowledge and Skills curriculum adopted by the State Board of Education to demonstrate the connection between what students are expected to know and the knowledge and skill expectations of the teachers who are instructing the students. Proposed new subsection (c) would clarify that all candidates for standard certification must pass the appropriate examination(s) prior to issuance of a standard certificate.

Subchapter B. Elementary School Certificate Standards

Proposed new 19 TAC Chapter 235, Subchapter B, would incorporate all elementary school classroom teacher certificate standards under one subchapter.

Division 1. Early Childhood: Prekindergarten-Grade 3

Proposed new 19 TAC Chapter 235, Subchapter B, Division 1, Early Childhood: Prekindergarten-Grade 3, is being proposed to comply with TEC, §21.0489, as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017. The proposed new rule would specify the PPR educator standards required of candidates seeking the EC-3 classroom teacher certificate.

§235.11. Pedagogy and Professional Responsibilities Standards, Early Childhood: Prekindergarten-Grade 3

Proposed new subsection (a) would clarify the PPR standards for EC-3 for classroom teachers of early learners and are aligned with classroom teaching expectations as outlined in 19 TAC Chapter 149, Commissioner's Rules Concerning Educator Standards. Proposed new subsection (b) would specify the standards needed regarding a teacher's ability to plan and deliver instruction. Proposed new subsection (c) would specify the standards needed regarding a teacher's ability to ensure high levels of learning, social-emotional development, and achievement outcomes for all students, taking into consideration each student's educational and developmental backgrounds and focusing on each student's needs. Proposed new subsection (d) would specify the standards needed regarding a teacher's content knowledge and expertise. Proposed new subsection (e) would specify the standards needed regarding a teacher's ability to manage a safe and supportive learning environment. Proposed new subsection (f) would specify the standards needed regarding a teacher's ability to apply data-driven practices. Proposed new subsection (g) would specify the standards needed regarding a teacher's ability to abide by educator professional practices and responsibilities.

§235.19. Implementation Date, Early Childhood: Prekindergarten-Grade 3

The proposed new section would clarify that the provisions of this subchapter apply to candidates admitted to an EPP on or after September 1, 2018.

Subchapter C. Middle School Certificate Standards

Proposed new 19 TAC Chapter 235, Subchapter C, would incorporate all middle school classroom teacher certificate standards under one subchapter.

§235.41. Pedagogy and Professional Responsibilities Standards, Grades 4-8

Proposed new subsection (a) would clarify the PPR standards for classroom teachers of students in Grades 4-8 and is aligned with classroom teaching expectations as outlined in 19 TAC Chapter 149, Commissioner's Rules Concerning Educator Standards. Proposed new subsection (b) would specify the standards needed regarding a teacher's ability to plan and deliver instruction. Proposed new subsection (c) would specify the standards needed regarding a teacher's ability to ensure high levels of learning and achievement outcomes for all students, taking into consideration each student's educational and developmental backgrounds and focusing on each student's needs. Proposed new subsection (d) would specify the standards needed regarding a teacher's content knowledge and expertise. Proposed new subsection (e) would specify the standards needed regarding a teacher's ability to manage a safe and supportive learning environment. Proposed new subsection (f) would specify the standards needed regarding a teacher's ability to apply data-driven practices. Proposed new subsection (g) would specify the standards needed regarding a teacher's ability to abide by educator professional practices and responsibilities.

§235.59. Implementation Date, Grades 4-8

The proposed new section would clarify that the provisions of this subchapter apply to candidates admitted to an EPP on or after September 1, 2018.

Subchapter D. Secondary School Certificate Standards

Proposed new 19 TAC Chapter 235, Subchapter D, would incorporate all secondary school classroom teacher certificate standards under one subchapter.

§235.61. Pedagogy and Professional Responsibilities Standards, Grades 7-12

Proposed new subsection (a) would clarify the PPR standards for classroom teachers of students in Grades 7-12 and are aligned with classroom teaching expectations as outlined in 19 TAC Chapter 149, Commissioner's Rules Concerning Educator Standards. Proposed new subsection (b) would specify the standards needed regarding a teacher's ability to plan and deliver instruction. Proposed new subsection (c) would specify the standards needed regarding a teacher's ability to ensure high levels of learning and achievement outcomes for all students, taking into consideration each student's educational and developmental backgrounds and focusing on each student's needs. Proposed new subsection (d) would specify the standards needed regarding a teacher's content knowledge and expertise. Proposed new subsection (e) would specify the standards needed regarding a teacher's ability to manage a safe and supportive learning environment. Proposed new subsection (f) would specify the standards needed regarding a teacher's ability to apply data-driven practices. Proposed new subsection (g) would specify the standards needed regarding a teacher's ability to abide by educator professional practices and responsibilities.

§235.89. Implementation Date, Grades 7-12

The proposed new section would clarify that the provisions of this subchapter apply to candidates admitted to an EPP on or after September 1, 2018.

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 new rules. 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 new rules do 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.

PUBLIC AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed new rules would be more rigorous, relevant, and reliable requirements for the preparation, certification, and testing of classroom teachers upon entry into the profession and retention of these qualified professionals. The proposed new rules do not impose a cost on persons required to comply with the rules.

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

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed new rules 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 New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards, 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

Grace Wu, Project Manager
Educator Support

Attachments:
I. Statutory Citations (PDF, 17KB)
II. Text of Proposed New 19 TAC Chapter 235, Classroom Teacher Certification Standards, Subchapter A, General Provisions, Subchapter B, Elementary School Certificate Standards, Subchapter C, Middle School Certificate Standards, and Subchapter D, Secondary School Certificate Standards (PDF, 73KB)