Review of Proposed Amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries

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 amend 19 TAC Chapter 245, Certification of Educators from Other Countries. The proposed amendments would update the requirements for certification of educators from other countries following the four-year rule review required by Texas Government Code, §2001.039.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 245 is the Texas Education Code (TEC), §§21.041(b)(1), (4), and (5); 21.048(a); 21.050; 21.052(a)-(e), as amended by Senate Bill (SB) 1839, 85th Texas Legislature, 2017; and 22.0831(f).

TEC, §21.041(b)(1), states the SBEC must 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), states the SBEC must propose rules that specify the requirements for the issuance and renewal of an educator certificate.

TEC, §21.041(b)(5), states the SBEC must propose rules that provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to the TEC, §21.052.

TEC, §21.048(a), states the SBEC must propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC.

TEC, §21.050, states that a person who applies for a teaching certificate for which SBEC rules require a bachelor's degree must possess a bachelor's degree received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to the curriculum as prescribed under TEC, Chapter 28, Subchapter A.

TEC, §21.052(a), states that the SBEC may issue a certificate to an educator who submits an application for certification and holds a degree issued by an institution accredited by a regional accrediting agency or group that is recognized by a nationally recognized accreditation board, or a degree issued by an institution located in a foreign country, if the degree is equivalent to a bachelor's degree issued in the United States, or holds an appropriate certificate issued in another state and has met all certification requirements for issuance of the credential.

TEC, §21.052(b), states that for purposes of §21.052(a)(2), a person is considered to hold a certificate or other credential if the credential is not valid solely because it has expired.

TEC, §21.052(c), states that the SBEC may issue a temporary certificate under this section to an educator who holds a degree required by §21.052(a)(1) and a certificate or other credential required by §21.052(a)(2) but who has not satisfied the requirements prescribed by §21.052(a)(3).

TEC, §21.052(d), states that a temporary certificate issued under §21.052(c) to an educator employed by a school district that has constructed or expanded at least one instructional facility as a result of increased student enrollment due to actions taken under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section 2687) may not expire before the first anniversary of the date on which the SBEC completes the review of the educator's credentials and informs the educator of the examination or examinations under the TEC, §21.048, on which the educator must perform successfully to receive a standard certificate.

TEC, §21.052(e), states that an educator who has submitted all documents required by the board for certification and who receives a certificate as provided by subsection (a) must perform satisfactorily on the examination prescribed under Section 21.048 not later than the first anniversary of the date the board completes the review of the educator's credentials and informs the educator of the examination or examinations under Section 21.048 on which the educator must perform successfully to receive a standard certificate.

TEC, §22.0831(f), states the SBEC is authorized to propose rules to implement the national criminal history record information review of certified educators.

EFFECTIVE DATE: The proposed effective date of the proposed revisions to 19 TAC Chapter 245 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 certification of public school educators. The 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 potential questions, issues, and concerns that surfaced prior to the proposal and adoption of the four-year rule review of 19 TAC Chapter 245. During the public comment period for the four-year rule review, TEA staff received numerous comments that focused on English language proficiency requirements and the certification process for the Visiting International Teacher (VIT) Certificate. TEA staff had opportunities to discuss both issues (English language proficiency and VIT) with the SBEC in more detail as separate agenda items at the June and August 2017 SBEC meetings.

At the August 2017 and October 2017 SBEC meetings, the SBEC and TEA staff discussed proposed amendments to 19 TAC Chapter 245 that would solidify the connection between VIT candidates transitioning to these rules to obtain Texas certification based on out-of-country credentials and initial applicants for Texas certification who are licensed to teach in other countries. TEA staff also highlighted the technical edits needed to correct administrative code references related to the process for issuance of Texas certification to educators from other countries.

During the 2015-2017 fiscal years, a total of 805 individuals submitted applications to TEA for a review of credentials based on already being licensed to teach in another country. The proposed amendments to 19 TAC Chapter 245 would provide clear information on the required documents every applicant must submit for an out-of-country credentials review; include a reference to the rule on English language proficiency requirements; and specify the location of the figure that identifies the required examinations for issuance of a Texas certificate.

Following is a description of the proposed amendments included in Attachment II that incorporates recent rule changes related to English language proficiency requirements, reflects SBEC direction for rulemaking, and provides updates to administrative code references.

§245.1. General Provisions

The proposed amendment to subsection (a) would delete the word "appropriate" and add the word "acceptable" to align with wording used to describe the type of certificate that should be submitted to TEA for review of credentials issued by the authorized licensing agency in another country. This proposed language matches language used in 19 TAC Chapter 230, Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. Aligning the rule text provides further consistency to the credentials review process for Texas certification.

The proposed amendment to subsection (b) would strike the words "at a minimum" and "baccalaureate" and add the phrases "at least a bachelor's," "or higher," and "accredited" to align with wording used to describe degree requirements for individuals issued certification by the authorized licensing agency in another country. This proposed language would match language used in 19 TAC Chapter 230, Subchapter B, General Certification Requirements. Aligning the rule text provides further consistency to the credentials review process for Texas certification. Also in subsection (b), the phrase "or by the U.S. Department of Education" would be added to the end of the last sentence to broaden the scope of accrediting bodies utilized to verify degrees. This change would strengthen the rules by maintaining consistency in verifying accreditation of degrees from various countries.

The proposed amendment to subsection (e) would delete the phrases "and certification areas issued by" and "including all certification areas" and replace with language that aligns with 19 TAC Chapter 230, Subchapter H. Aligning the rule text provides further consistency to the credentials review process for Texas certification. This rule change would provide clarity for candidates using these rules to complete the Texas certification process by stating that the certificate area and grade level of licensure in the other country must be issued within the early childhood to Grade 12 level to align with the state certificate structure.

New proposed subsection (f) would add text identical to that referenced in 19 TAC Chapter 230, Subchapter H, §230.11(f), General Requirements, to align with the process in place and established deadlines for educators certified in other states that are working to meet certification requirements. This rule change would provide clarity for applicants using these rules to complete the Texas certification process by stating the deadline for receipt of certification applications and/or requests for exemptions from state testing requirements. Establishing deadlines in rule would provide clear and consistent notification to all applicants for certification through the provisions of Chapter 245.

§245.5. Requirements for Issuance of a Texas Certificate Based on Certification from Another Country

The proposed amendment to subsection (a) would replace the incorrect reference to Chapter 232, Subchapter A, with references to Chapter 230, Subchapter D, to accurately reflect the location of the rule text relevant to the types and classes of certificates issued. The proposed amendment would also add the phrase "an acceptable" to specify the type of certificate an applicant must hold to complete the out-of-country credentials review process and qualify for issuance of a Texas standard certificate. This rule change would provide clarity for applicants using these rules to complete the Texas certification process by stating that the certificate issued in another country must be the equivalent of a Texas standard certificate to successfully complete the credentials review process. Establishing this level of requirement in rule would provide clear and consistent notification to all applicants for certification through the provisions of this chapter and help limit the number of individuals who might attempt a credentials review process for which they are ineligible.

The proposed amendment to subsection (a)(1) would correct the outdated reference to §230.5 with the correct reference to §230.21 as it relates to required examinations for certification reflected in SBEC rule. The same amendment would be made to subsection (a)(2) to ensure that the citation is updated to point to the correct information in SBEC rule. These rule changes would provide clarity for applicants using these rules to complete the Texas certification process by stating the correct location of the figure that includes all Texas certificate areas and lists the examinations that must be successfully completed for issuance of licensure.

Proposed new subsection (c) would add language to confirm an individual is eligible to apply for issuance of the standard certificate upon completion of all certification requirements, including examinations. The additional language would help avoid a delay in issuance of certificates, as it would clarify candidates are eligible to submit the online application and payment for the standard certificate when all required examinations are passed. Applicants would know they do not have to wait for their one-year certificate to expire before submitting the application for issuance of the Texas standard certificate.

Former subsection (c) would be relettered to subsection (d), and the incorrect reference to §232.1 would be corrected to Chapter 230, Subchapter D. At the end of this subsection, the phrase "beyond the control of the educator" would be added to emphasize the types of extenuating circumstances to be considered, and the word "educator" would be changed to "district" to confirm that any requests to extend the one-year certificate must be initiated by the school district, not the individual. This rule change would provide clarity for applicants using these rules to complete the Texas certification process by stating that considerations to extend a one-year certificate need to be initiated by the employing district, that these requests should not be taken lightly, and that TEA staff need evidence that the applicant is receiving support from the employing district and should be approved for an extension of certification to allow him or her to continue in the current assignment while completing requirements for issuance of the standard certificate.

New proposed subsection (e) would confirm an individual is only required to pass examinations for those certificate area(s) in which he or she wishes to be issued a standard certificate. The new subsection would also clarify that a supplemental certificate (e.g., bilingual, English as a Second Language, special education, gifted and talented, or visually impaired) cannot be issued as a standard certificate without first establishing a classroom teaching certificate in a content area. This rule change would provide clarity for applicants using these rules to obtain Texas certification by stating the correct order in which to complete requirements for issuance of a classroom certificate. This level of guidance in rule informs individuals about taking pedagogy and content examinations to establish eligibility for certificate issuance in a classroom teaching area, prior to passing examinations to add a supplemental certificate area to their record of certification.

Former subsection (d), relettered to subsection (f), would be amended to update a cross reference and correct a typographical error.

§245.10. Application Procedures

The proposed amendment to subsection (a)(4) would add the words "and/or degrees" to allow completion of degrees earned in the United States to also be submitted as acceptable documentation for the out-of-country credentials review process. This rule change would provide clarity for applicants using these rules to complete the Texas certification process by stating that an official transcript from a United States institution showing degree(s) conferred and date(s) is information that should be included with the required documentation submitted to TEA staff for a review of out-of-country credentials.

Proposed new subsection (a)(5) would add copies of any standard certificates issued by another state department of education to the list of items that should be submitted to TEA when applicable for a credentials review. This addition to the rules would ensure that individuals completing a credentials review process are reviewed for every eligible certificate area. In addition, adding the clarification to include copies of any standard certificates from other states would ensure the applicants get a complete review of credentials and a full accounting of all certificate areas that they are eligible to pursue in Texas. A standard certificate issued by another state department of education can also be used in lieu of the letter of professional standing referenced in subsection (a)(3). Adding this provision into rule would allow individuals from outside the U.S. to have an option to substitute a standard certificate issued by another state department of education in lieu of the professional standing letter, if either cost-prohibitive or in some cases dangerous to return to the original country of licensure to attempt to obtain a letter. This rule change would provide clarity for applicants using these rules to complete the Texas certification process by stating that a viable option exists to substitute a copy of a standard certificate issued by another state department of education for the required letter of professional standing. This flexibility would also allow TEA staff to complete credential reviews in a timely manner if application processing is not delayed by waiting on receipt of a letter being sent from another country.

The proposed amendment to newly renumbered subsection (a)(6) and subsections (b)(2) and (c)(2) would replace the incorrect references to Chapter 230, Subchapter N, with the correct references to Chapter 230, Subchapter G, as that is the location for all information related to fees for certification services.

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 persons or entities required to comply with the proposed rule actions. 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, §2001.022. The proposed revisions do not impose a cost on regulated persons 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 amendments to 19 TAC Chapter 245 will result in clearly defined rules and requirements for individuals to obtain Texas certification based on already being licensed to teach in other countries. The proposed amendments do not impose a cost on persons required to comply with the rules.

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

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments 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 amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries, 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, 23KB)
II. Text of Proposed Amendments to 19 TAC Chapter 245, Certification of Educators from Other Countries (PDF, 34KB)