Review of Proposed Amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs

November 16, 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 amendments to 19 Texas Administrative Code (TAC) Chapter 228, Requirements for Educator Preparation Programs. The proposed amendments would implement the statutory requirements of Senate Bills (SBs) 7 and 1839 and House Bills (HBs) 2039, 3349, and 1963, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations.

Texas Education Code (TEC), §21.042, requires the SBEC to submit a written copy of each rule it proposes to adopt to the SBOE for review. At its September 14, 2018 meeting, the SBOE rejected the proposed amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs. To address the SBOE's concerns, at the October 5, 2018 SBEC meeting, the SBEC removed the proposed amendment to §228.35 that allowed educator preparation programs (EPPs) to provide candidates seeking certification in Marketing: Grades 6-12 and Health Science: Grades 6-12 with fewer than 300 clock-hours of coursework and/or training. The SBEC made no additional changes to this item from what was presented to the SBOE for review at the September 13-14, 2018 SBOE meeting.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 228 is the TEC, §§21.031; 21.041(b)(1); 21.044, as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017; 21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.0443; 21.0453; 21.0454; 21.0455; 21.046(b); 21.0485; 21.0487(c); 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017; 21.050(b) and (c); 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; and the Texas Occupations Code (TOC), §55.007.

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, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.

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, §21.044, as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program.

TEC, §21.0442(c), as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to ensure that an Educator Preparation Program (EPP) requires at least 80 hours of instruction for a candidate seeking a Trade and Industrial Workforce Training certificate.

TEC, §21.0443, requires the SBEC to establish rules for the approval and renewal of EPPs.

TEC, §21.0453, states that the SBEC may propose rules as necessary to ensure that all EPPs provide the SBEC with accurate information.

TEC, §21.0454, requires the SBEC to develop a set of risk factors to assess the overall risk level of each EPP and use the set of risk factors to guide the TEA in conducting monitoring, inspections, and evaluations of EPPs.

TEC, §21.0455, requires the SBEC to propose rules necessary to establish a process for complaints to be directed against an EPP.

TEC, §21.046(b), states that the qualifications for certification as a principal must be sufficiently flexible so that an outstanding teacher may qualify by substituting approved experience and professional training for part of the educational requirements.

TEC, §21.0485, states the issuance requirements for certification to teach students with visual impairments.

TEC, §21.0487(c), states that because an effective principal is essential to school improvement, the SBEC shall ensure that each candidate for certification as a principal is of the highest caliber and that multi-level screening processes, validated comprehensive assessment programs, and flexible internships with successful mentors exist to determine whether a candidate for certification as a principal possesses the essential knowledge, skills, and leadership capabilities necessary for success.

TEC, §21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, states the eligibility for an Early Childhood: Prekindergarten-Grade 3 certificate.

TEC, §21.049(a), authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional EPPs.

TEC, §21.0491, requires the SBEC to create a probationary and standard trade and industrial workforce training certificate.

TEC, §21.050(b), states that the SBEC may not require more than 18 semester credit hours of education courses at the baccalaureate level for the granting of a teaching certificate.

TEC, §21.050(c), states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate.

TEC, §21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017, provides a requirement that before a school may employ a certification candidate as a teacher of record, the candidate must have completed at least 15 hours of field-based experience in which the candidate was actively engaged at an approved school in instructional or educational activities under supervision.

TOC, §55.007, provides that verified military service, training, and education be credited toward licensing requirements.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 228 would be December 20, 2018.

PREVIOUS BOARD ACTION: The SBOE rejected 19 TAC Chapter 228 at the September 14, 2018 SBOE meeting.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 228, Requirements for Educator Preparation Programs, provide for rules that establish requirements for EPPs.

The following is a description of the proposed amendments included in Attachment II.

§228.1. General Provisions.

A proposed new subsection (d) would allow staff to extend rule deadlines when rules in this chapter cannot be complied with because of a disaster that results in the governor declaring a state of disaster. This amendment would allow TEA staff to extend deadlines in this chapter for up to 90 days to accommodate persons in the disaster areas identified by the governor's declaration.

§228.2. Definitions.

The definition of cooperating teacher in §228.2(12) would be amended to add the phrase, "including training in how to coach and mentor teacher candidates," to the criteria of the cooperating teacher training. This amendment would require cooperating teachers to be trained on how to coach and mentor teacher candidates so they could adequately guide and support the candidates throughout their clinical teaching experiences.

The definition of field supervisor in §228.2(16) would be amended to clarify that a field supervisor who has certification as a principal and experience as a campus-level administrator may also supervise classroom teacher, master teacher, and reading specialist candidates; and a field supervisor who has certification as a superintendent and experience as a district-level administrator may also supervise principal candidates. While this amendment would provide flexibility for EPPs in determining the field supervisor, it would also ensure that teacher candidates are supervised by a field supervisor who has experience as a classroom teacher. A technical edit would update in rule relevant cross references.

The definition of internship in §228.2(21) would be amended to move the criteria for a successful internship into the appropriate preparation program coursework and training in subsection §228.35(f)(2)(B)(vii). This amendment would provide consistency among the requirements for internships, clinical teaching, and practicums.

The definition of mentor in §228.2(23) would be amended to add the phrase, "including training in how to coach and mentor teacher candidates," to the criteria of the mentor training. This amendment would require mentors to be trained on how to coach and mentor teacher candidates so they could adequately guide and support the candidates throughout their internship experiences.

The definition of site supervisor in §228.2(30) would be amended to add the phrase, "including training in how to coach and mentor candidates," to the criteria of the site supervisor training. This amendment would require site supervisors to be trained on how to coach and mentor candidates so they could adequately guide and support the candidates throughout their internship experiences.

§228.30. Educator Preparation Curriculum.

Language would be amended in §228.30(c)(3) to clarify curriculum requirements for instruction regarding mental health, substance abuse, and youth suicide. The TEC, §21.044(c-1), requires EPPs to select training from a list of recommended best practice-based programs and research-based practices. This amendment would clarify that an EPP that acquires training from a provider on the list may use that training on its own if it implements the training as required by the provider.

Language would be amended in §228.30(c)(7) to incorporate the requirements of the TEC, §21.044(g)(6), as amended by SB 7, 85th Texas Legislature, Regular Session, 2017. The language being proposed would require the curriculum for all certification classes to include instruction regarding appropriate relationships, boundaries, and communications between educators and students.

Language would be amended in §228.30(c)(8) to incorporate the requirements of the TEC, §21.044, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. The language being proposed would require the curriculum for all certification classes to include instruction in digital learning. The proposed rule would require EPPs to assess each candidate with a digital literacy evaluation followed by a prescribed digital learning curriculum that must include resources to address any deficiencies identified by the digital literacy evaluation. The instruction must be aligned with the International Society for Technology in Education's (ISTE) standards and provide effective, evidence-based strategies to determine a person's degree of digital literacy. The current ISTE standards for educators and administrators are published on its website at https://www.iste.org/standards.

Language would be amended in §228.30(d)(4) and §228.30(e) to remove the domains of the Teacher and Administrator Standards. Because these domains are identified in commissioner of education rules, Chapter 149, Subchapters AA and BB, this amendment would reduce the amount of redundancy in the rules.

Proposed new §228.30(f) would incorporate the requirements of the TEC, §21.0489, as amended by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017. The subsection would identify the standards that an EPP must include in its Early Childhood: Prekindergarten-Grade 3 curriculum for candidates who hold a valid standard, provisional, or one-year classroom teacher certificate that has been issued by the SBEC and allows them to teach all subjects in grades prekindergarten, kindergarten, first, second, or third. The curriculum must include the Child Development provision of the Early Childhood-Grade 3 Content Standards, the Early Childhood-Grade 3 Pedagogy and Professional Responsibilities Standards, and the Science of Teaching Reading Standards. This amendment would implement the statutory requirements of the TEC, §21.0489.

§228.35. Preparation Program Coursework and/or Training.

Language would be amended in §228.35(a)(6) to broaden the options from which EPPs may select to ensure coursework and training that is offered online is of a high quality. This amendment would include the certification options that are provided by the Distance Education Accreditation Commission. This amendment would provide EPPs that do not offer all their coursework and training online additional cost-effective options for quality assurance.

The proposed amendment to §228.35(b) would incorporate the abbreviated program requirements of the TEC, §21.0442(c), as amended by HB 3349, 85th Texas Legislature, Regular Session, 2017. The language being proposed would require an EPP to provide a minimum of 200 clock-hours of coursework and/or training for a candidate seeking initial certification in the classroom teacher certification class in Trade and Industrial Workforce Training. The coursework and/or training requirement is 100 hours fewer than the minimum for all other initial classroom teacher certificates because the statute calls for an abbreviated EPP for Trade and Industrial Workforce Training and because this certificate is only available to individuals with prior wage-earning experience in an occupation they will be teaching.

Based on stakeholder feedback from the San Antonio area, the prior proposed provisions in §228.35(c) would have allowed an abbreviated route to certification for Marketing: Grades 6-12 and Health Science: Grades 6-12. But in reviewing the proposed amendment to the rule at its September 13-14, 2018 meeting, members of the SBOE stated that they felt it was inappropriate to lower the coursework and training requirements for Marketing: Grades 6-12 and Health Science: Grades 6-12 because these certificate areas were not expressly included in HB 3349, 85th Texas Legislature, Regular Session, 2017, and required fewer prerequisite years of work experience. The SBOE voted to reject the proposed amendments to 19 TAC Chapter 228. Therefore, at its October 2018 meeting, the SBEC struck the proposed new provisions in §228.35 regarding Marketing: Grades 6-12 and Health Science: Grades 6-12 and adopted language that would create an abbreviated route to certification only for the Trade and Industrial Workforce Training certification class.

Language would be amended in §228.35(e)(1)(C) to incorporate the requirements of the TEC, §21.051(b-1), as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. The amended language would allow a teacher candidate to satisfy up to 15 clock-hours of field-based experience by serving as a long-term substitute. A long-term substitute would be defined as an individual who has been hired by a public or private school accredited or approved by the TEA to work more than 30 consecutive days in an assignment as a classroom teacher. Long-term substitute experience may occur after the candidate's admission to an EPP or during the two years before the date the candidate is admitted to the EPP. The candidate's experience in instructional or educational activities during the long-term substitute experience must be documented by the EPP. This change implements the provisions of the TEC, §21.051(b-1), and will provide consistency among EPPs.

Language would be amended in §228.35(e)(2)(A)(i)(I) to increase the minimum required days for a 14-week clinical teaching assignment from 65 days to 70 full days and, in subsection (e)(2)(A)(i)(II), to increase the minimum required days for a 28-week clinical teaching assignment from 130 to 140 half days. These changes would reflect the actual number of days and half-days in a five-day week. Current rule allows fewer days to provide flexibility for an exception for maternity leave, military leave, or illness. These changes provide clarity of the expected days required and then allow for an exception due to these circumstances, as reflected in subsection (e)(2)(A)(iv). These amendments would still allow flexibility for and consistency among EPPs.

Language would be added as new §228.35(e)(2)(A)(ii) to clarify that a full-day clinical teaching assignment must be an average of four hours per day in the subject and grade level of the certification category being sought. This average would include intermissions and recesses but not conference periods and duty-free lunch periods. This amendment would allow more assignments to qualify as full-day clinical teaching assignments and provide more consistency between clinical teaching and internship assignments.

Language would be added as new §228.35(e)(2)(A)(iii) to specify criteria for a successful clinical teaching assignment. A successful assignment would include that the candidate demonstrates proficiency in each of the educator standards for the assignment. Based on stakeholder feedback, if either the field supervisor or cooperating teacher do not recommend the candidate for a standard certificate, the documentation supporting that recommendation be provided to the candidate for review by all parties. This would provide clarification of the recommendation to all parties and provide consistency among the requirements for all certificates.

Language would be amended in new §228.35(e)(2)(A)(iv) to permit a full day clinical teaching assignment to be up to five days fewer than the minimum of 70 days and a half day clinical teaching assignment to be up to ten days fewer than the minimum of 140 days. The grounds for permitting fewer than the minimum number of days would be maternity leave, military leave, and illness. This amendment would provide flexibility for candidates and EPPs to complete clinical teaching experiences. In response to public comment, The SBEC approved at adoption to add bereavement to the list of grounds permitting fewer than the minimum number of days of the teaching assignment.

Language would be amended in §228.35(e)(2)(B)(i) to clarify that an internship may be up to 30 school days fewer than the minimum of 180 days if the candidate is hired by the school or district after the first day of school due to maternity leave, military leave, illness, or bereavement. In response to public comment, the SBEC approved at adoption to add bereavement to the list of grounds permitting an internship to be fewer than the minimum days. This amendment would ensure that candidates are only eligible for the shortened internship if they are hired after the first day of school.

Language would be amended in §228.35(e)(2)(B)(ii) to clarify that the beginning date of an internship for the purpose of field supervision would be the first day of instruction with students. Because the requirement for an internship is 180 days, interns may need to participate in professional development before and after the first and last instructional day to meet the requirements of an internship. Because the purpose of field supervision is to provide support to candidates based on observed instructional practices, field supervision does not need to begin until candidates are providing instruction to students.

Language would be amended in §228.35(e)(2)(B)(iii) to include intermissions and recesses into the average of four hours a day an individual must teach during an internship. Intermissions and recesses are included in the statutory definition of school day and the educational activities that beginning teachers are expected to perform during intermissions and recesses are included in the classroom teacher educator standards. This change would also clarify that conference periods and duty-free lunch periods do not count toward internship hours. This amendment would allow more assignments to qualify as internships. A technical edit would update in rule relevant cross references.

Language would be amended in §228.35(e)(2)(B)(vi)(II)-(IV) to provide candidates and EPPs with more time to provide the required notices related to inactivation of intern and probationary certificates. The time required for candidates to provide an EPP a notice of resignation, non-renewal, or termination of employment or withdrawal from the EPP would increase from one business day to seven calendar days. The time required for EPPs to provide candidates with a notice of inactivation of intern or probationary certificates due to resignation, non-renewal, or termination of employment or withdrawal from the EPP would increase from one business day to seven calendar days. This amendment would provide candidates and EPPs with more flexibility in providing required notices. Technical edits would update in rule relevant cross references.

Language would be amended in new §228.35(e)(2)(B)(vi)(V) to add notification requirements for EPPs when an internship assignment does not meet requirements. An EPP would need to provide a candidate with notice within seven calendar days of when the EPP knows that an internship assignment does not meet requirements. The notice would inform the candidate that the employer would be notified, and the intern or probationary certificate would be inactivated within 30 calendar days. Within one business day of notifying the candidate, an EPP would need to provide similar notice to the employer. Within one business day of notifying the employer, the EPP would need to provide similar notice to TEA staff. This amendment would provide consistency among EPPs in providing required notices that result in the inactivation of certificates. This timeline is consistent with other notification requirements related to the inactivation of certificates and is necessary to ensure that programs provide prompt notification to candidates, employers, and TEA staff to prevent a candidate from continuing in an inappropriate assignment.

Language would be amended in new §228.35(e)(2)(B)(vii) to add language that was stricken from §228.2(21) describing the criteria for a successful internship. Based on stakeholder feedback, if either the field supervisor or campus supervisor do not recommend the candidate for a standard certificate, the EPP would be required to provide the documentation supporting that recommendation to the candidate for review by all parties. This would provide clarification of the recommendation to all parties and provide consistency among the requirements for all certificates.

Language would be amended in new §228.35(e)(2)(B)(viii) to incorporate the provisions of the TEC, §21.0491(c)(2), as amended by HB 3349, 85th Texas Legislature, Regular Session, 2017. The proposed language would authorize a candidate seeking a Trade and Industrial Workforce Training certificate to complete an internship at an accredited institution of higher education if the candidate teaches not less than an average of four hours each day, including intermissions and recesses, in a dual credit career and technical instructional setting. Permitting an internship in this setting allows candidates to fulfill the employment eligibility requirement found in the TEC, §21.0491(c)(2)(B), at an institution of higher education. A dual credit career and technical instructional setting would be defined by Part 1, Chapter 4, Subchapter D of this title (relating to Dual Credit Partnerships Between Secondary Schools and Public Schools). This amendment would implement the statutory requirements of the TEC, §21.0491(c)(2), and will provide consistency among EPPs.

Language would be amended in new §228.35(e)(3) to add requirements for the review, approval, and revocation of clinical teaching exception requests. The review and approval requirements reflect the procedures that TEA staff and the SBEC currently use for requests that have already been approved. The revocation requirements being added would address how approval of an exception is revoked if an EPP does not meet the conditions of the exception that was approved by the SBEC. This amendment would clarify the process by which clinical teaching exception requests are reviewed, approved, and revoked. This amendment is necessary because the current rules do not provide for a clear process for revoking a clinical teaching exception for a program that does not meet the conditions of the exception. The September 15 deadline tracks the deadline for programs to report data.

Language would be amended in §228.35(e)(4) to add language clarifying that "candidates" as used in this subsection refers to candidates participating in an internship or clinical teaching assignment. This amendment would provide consistency among clinical teaching and internship assignments.

Based on stakeholder feedback, language would be amended in §228.35(e)(8)(D) regarding practicum experiences to specify that if either the field supervisor or site supervisor do not recommend the candidate for a standard certificate, the documentation supporting that recommendation would be provided to the candidate for review by all parties. This would provide clarification of the recommendation to all parties and provide consistency among the requirements for all certificates.

Language would be amended in §228.35(g)(8) to define the observation requirements for a full-day clinical teaching assignment that exceeds 14 weeks and extends beyond one semester. A field supervisor from an EPP would need to provide at least two formal observations during the first half of the assignment and two formal observations during the second half of the assignment. This change would ensure that candidates receive necessary support and feedback throughout the clinical teaching assignment as a means to foster continuous improvement and would provide consistency among EPPs. Technical edits would update in rule relevant cross references.

Language would be amended in §228.35(h)(2) to incorporate the requirements of the TEC, §21.044(f-1), as amended by SBs 1839 and 1963, 85th Texas Legislature, Regular Session, 2017. The proposed language would remove the requirement that at least one formal observation by a field supervisor be onsite and face-to-face for a candidate seeking a principal, superintendent, school counselor, school librarian, educational diagnostician, reading specialist, or master teacher certificate. This change would implement the statutory requirements of the TEC, §21.044(f-1). Remaining subsections would be re-lettered accordingly.

Language would be amended in §228.35(h)(3) to clarify that a minimum of three observations are required during a practicum, regardless of the type of certificate that is held by a candidate. Because a practicum can be completed while a candidate seeking an advanced certificate is employed under an intern, probationary, or standard certificate, this clarification is needed because the number of observations for a teacher candidate participating in an internship differs according to the type of certificate the candidate holds. This change would clarify the requirements for candidates seeking an advanced certificate.

Proposed new §228.35(i) would incorporate the requirements of the TEC, §21.0489, as amended by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017. New §228.35(i)(1) would identify the concepts and themes that coursework and/or training must include. These concepts and themes were recommended to TEA staff by experts in the field of early childhood education. New §228.35(i)(2) would require an EPP to provide a minimum of 150 clock-hours of coursework and/or training for candidates seeking an Early Childhood: Prekindergarten-Grade 3 certificate who hold a valid standard, provisional, or one-year classroom teacher certificate that has been issued by the SBEC and would allow them to teach all subjects in grades prekindergarten, kindergarten, first, second, or third. Teachers already certified in these areas have already demonstrated their content proficiency based on the passing of their prior content tests. Additionally, their time in the classroom provides the same real-world teaching experience that is the purpose of field-based experiences and clinical teaching. This reduces the number of hours of additional required training for educators currently certified in these areas. New §228.35(i)(3) would require an EPP to provide a candidate who holds any other classroom teacher certificate the same coursework and training that the EPP would provide for a candidate who is seeking an initial certificate in Early Childhood: Prekindergarten-Grade 3. Due to the specialized nature of early childhood, content knowledge, content pedagogy, and pedagogy practices from outside of the early childhood grade-bands cannot be directly applied to this setting. These changes would implement the statutory requirements of the TEC, §21.0489, and would provide consistency among programs.

Proposed new §228.35(j) would define the coursework and/or training requirements for the Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12 certificate. The proposed requirements parallel that which is already being used by the two EPPs actively certifying candidates for the TVI certificate to adequately produce educators.

The TEC, §21.0485, requires an individual to complete coursework in an EPP to be eligible for this certificate. This proposed minimum is the minimum amount of coursework and/or training hours provided by the two programs that actively offer this certificate. The assignment needs to take place in a public school accredited by the TEA or other school approved by the TEA for this purpose. Other schools would include private schools accredited by the Texas Private School Accreditation Commission, all Department of Defense Education Activity schools, and schools that meet the approval standards described in 19 TAC §228.35(e)(9)(C) and (D). The TEC, §21.0485, requires an individual to satisfy any other requirements prescribed by the SBEC to be eligible for this certificate. This proposed minimum describes the level of support provided by the two programs that actively offer this certificate and is necessary to ensure sufficient levels of support for the specialized nature of this certificate. This change would reflect the requirements of the EPPs that currently offer training for this certificate and would also provide consistency among EPPs that may offer the certification in the future.

Proposed new §228.35(k) would create provisions for individuals employed as certified educational aides to complete an EPP. New subsection (k)(1) would create a clinical teaching option for candidates who are employed as a certified educational aide to satisfy their clinical teaching assignment requirements through their instructional duties under the supervision of a certified educator. New subsection (k)(1)(A) would allow for the assignment requirements of 490 hours to be satisfied through their instructional duties. While the 490-hour requirement is equivalent to the 14-week requirement for other individuals completing clinical teaching, the 490-hour requirement allows an individual more flexibility in completing the assignment while working as a certified educational aide. This change also creates flexibility for school districts and charter schools by allowing them to "grow their own" educational aides into certified teachers and to diversify the pool of new teachers while ensuring sufficient time within the clinical teaching assignment to demonstrate proficiency in each of the educator standards for the assignment.

Proposed new §228.35(k)(1)(B) would permit an educational aide clinical teaching assignment to be up to 35 hours fewer than the minimum of 490 hours. The grounds for permitting fewer than the minimum number of hours would be maternity leave, military leave, and illness. This amendment would provide flexibility for candidates and EPPs to complete clinical teaching experiences despite intervening life events.

Proposed new §228.35(k)(1)(C) would add criteria for a successful clinical teaching assignment. A successful assignment would include that the candidate demonstrates proficiency in each of the educator standards for the assignment. Based on stakeholder feedback, if either the field supervisor or cooperating teacher do not recommend the candidate for a standard certificate, the documentation supporting that recommendation would be provided to the candidate for review by all parties. This would provide clarification of the recommendation to all parties and provide consistency among the requirements for all certificates.

Proposed new §228.35(k)(2) would specify the coursework and/or training requirements and define the observation requirements for a 490-hour clinical teaching option for candidates who are employed as a certified educational aide. A field supervisor from an EPP would need to provide at least one formal observation during the first third of the assignment, one formal observation during the second third of the assignment, and one formal observation during the final third of the assignment. This change would ensure that candidates receive necessary support and feedback throughout the clinical teaching assignment as a means to foster continuous improvement and would provide consistency among EPPs.

Technical edits were also made to 19 TAC Chapter 228 to conform to style and formatting requirements.

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 amendments beyond that which the authorizing statute requires. 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 (TGC), §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under TGC, §2001.022. The proposed amendments do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to TGC, §2001.0045.

GOVERNMENT GROWTH IMPACT: The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking for the first five years the proposed rulemaking would be in effect. The TEA staff has determined that, although the proposed rulemaking could potentially have a government growth impact by creating a new regulation, that impact is created by the statutory requirement and not the agency regulation.

The TEA staff has also determined that 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, 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 AND STUDENT BENEFIT: The proposed amendments to 19 TAC Chapter 228 will result in clear guidance for EPPs on requirements for providing preparation to individuals seeking certification as an educator. Beyond that which the underlying legislation requires, 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 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 228, Requirements for Educator Preparation Programs.

Staff Members Responsible: Ryan Franklin, Associate Commissioner
Educator Leadership and Quality

Tam Jones, Director
Educator Preparation

Attachment I:  Statutory Citations

Attachment II:  Text of Proposed Amendments to 19 TAC Chapter 228, Requirements for
Educator Preparation Programs