Review of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States

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 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. Chapter 230 serves as a foundation for the practices and procedures related to educator preparation and certification. The subchapters being amended outline testing requirements for certification; provide general eligibility, recommendation, and issuance requirements for several types of certificates; identify fees for certification services; and confirm the overall process for individuals already certified in other states or countries to obtain Texas certification. The proposed amendments would provide necessary updates to certification and/or testing requirements and would align SBEC rules where applicable with provisions from recent legislation.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 230, Subchapter C, is the Texas Education Code (TEC), §§21.041(b)(1), (2), and (4), 21.044(a), 21.048, 21.050, and 22.082, and Texas Occupations Code (TOC), §54.003. The statutory authority for 19 TAC Chapter 230, Subchapter D, is the TEC, §§21.003(a), 21.031, 21.041(b)(1)-(5) and (9), 21.051, as amended by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017, and 22.0831(c) and (f). The statutory authority for 19 TAC Chapter 230, Subchapter E, is the TEC, §§21.041(a) and (b)(1)-(4). The statutory authority for 19 TAC Chapter 230, Subchapter G, is the TEC, §§21.031(a), 21.041(b)(1)-(5) and (9) and (c), 21.044(a), (e), and (f), 21.048, 21.0485, 21.050, 21.054(a), 22.082, and 22.0831(f), and TOC, §53.105. The statutory authority for 19 TAC Chapter 230, Subchapter H, is the TEC, §§21.040(6), 21.041(b)(4) and (5) and (c), 21.048, 21.050, 21.052, as amended by House Bill (HB) 1934, 85th Texas Legislature, Regular Session, 2017, and 21.054(a).

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), authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators.

TEC, §21.031(b), 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, §21.040(6), allows the SBEC authority to develop and implement policies that define responsibilities of the SBEC.

TEC, §21.041(a), allows the SBEC to adopt rules as necessary for its own 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), requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates.

TEC, §21.041(b)(3), requires the SBEC to specify the period for which each class of educator certificate is valid.

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)(5), requires the SBEC to 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, §21.041(b)(9), requires the SBEC to propose rules that provide for continuing education requirements.

TEC, §21.041(c), requires the SBEC to propose a rule adopting a fee for the issuance and maintenance of an educator certificate that, when combined with any fees imposed under subsection (d), is adequate to cover the cost of administration of this subchapter.

TEC, §21.044(a), 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, §21.044(e), requires the SBEC to specify that a person must have an associate degree or more advanced degree from an accredited institution of higher education; current licensure, certification, or registration as a health professions practitioner issued by a nationally recognized accrediting agency for health professionals; and at least two years of wage earning experience utilizing the licensure requirement when proposing rules under TEC, §21.044, for a person to obtain a certificate to teach a health science technology education course.

TEC, §21.044(f), requires the SBEC to not propose rules for a certificate to teach a health science technology education course that specify that a person must have a bachelor's degree or that establish any other credential or teaching experience requirements that exceed the requirements under subsection (e).

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

TEC, §21.048(b), states that the SBEC may not administer a written examination to determine the competence or level of performance of an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability, and validity as applied to, and minimum acceptable performance scores for, persons with hearing impairments.

TEC, §21.048(c), states that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section.

TEC, §21.048(c-1), states that the results of an examination administered under this section are confidential and are not subject to disclosure under the Texas Government Code, Chapter 552, unless the disclosure is regarding notification to a parent of the assignment of an uncertified teacher to a classroom as required by the TEC, §21.057, or the educator has failed the examination more than five times.

TEC, §21.048(d), states the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048.

TEC, §21.0485, provides that all candidates for a certificate to teach students with visual impairments must complete an approved educator preparation program.

TEC, §21.0491, as added by HB 3349, 85th Texas Legislature, Regular Session, 2017, requires the SBEC to create a probationary and standard trade and industrial workforce training certificate and confirms there is no limit on the examination retake for this certificate.

TEC, §21.050(a), 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, §21.050(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.

TEC, §21.052(a), states that the SBEC may issue a certificate to an educator who 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 degree described by §21.052(a)(1)(A); holds an appropriate certificate or other credential issued by another state or country; and performs satisfactorily on the examination prescribed under the TEC, §21.048, or, if the educator holds a certificate or other credential issued by another state or country, an examination similar to and at least as rigorous as that described by §21.052(a)(1)(A) administered to the educator under the authority of that state.

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), as amended by HB 1934, 85th Texas Legislature, Regular Session, 2017, 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). Subject to subsections (d) and (d-1), the SBEC may specify the term of a temporary certificate issued under this subsection.

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 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, §21.053(a), states that a person who desires to teach in a public school shall present the person’s certificate for filing with the employing district before the person’s contract with the board of trustees of the district is binding.

TEC, §21.053(b), states that an educator who does not hold a valid certificate may not be paid for teaching or work done before the effective date of issuance of a valid certificate.

TEC, §21.054(a), requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators’ continuing education requirements.

TEC, §22.082, states that the SBEC shall subscribe to the criminal history clearinghouse as provided by the Texas Government Code, §411.0845, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for or holder of a certificate issued under the TEC, Chapter 21, Subchapter B.

TEC, §22.0831(c), provides that the SBEC shall review the national criminal history record information of all applicants for or holders of educator certification.

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

TOC, §53.105, specifies that a licensing authority may charge a person requesting an evaluation under the TOC, Chapter 53, Subchapter D, a fee adopted by the authority. Fees adopted by a licensing authority under the TOC, Chapter 53, Subchapter D, must be in an amount sufficient to cover the cost of administering this subchapter.

TOC, §54.003, specifies that each agency administering examinations for licensure must establish rules to implement and ensure reasonable accommodations for examinees diagnosed as having dyslexia.

EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 230 would be December 23, 2018.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 230 are currently organized as follows: Subchapter A, General Provisions; Subchapter B, General Certification Requirements; Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter F, Permits; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States. These eight subchapters provide for rules that establish guidelines and procedures for certification requirements, fees, permits, educational aides, and assignment criteria relating to professional educator preparation and certification.

Subchapter C, Assessment of Educators.

The purpose of Subchapter C, Assessment of Educators, is to provide the examination requirements for Texas educator certificate issuance. Proposed new §230.21(a)(1)(A) would clarify that canceled examination scores are not considered retakes for purposes of the five-time limit, so candidates would not be penalized when illness or other unexpected events cause them to have to cancel their results. Proposed new §230.21(a)(1)(B) would exempt piloted examinations from the retake limit to incentivize candidates to take the piloted examinations so that the agency can get the best data possible for purposes of developing and improving the examinations. Proposed new §230.21(a)(1)(C) would clarify that there is no test attempt/retake limit for the Trade and Industrial Workforce Training certificate as mandated through provisions in HB 3349, 85th Texas Legislature, Regular Session, 2017.

Proposed changes to the figure in §230.21(e) would add the new certificate and endorsement for Principal as Instructional Leader and would identify the required examinations for its issuance. A technical edit would also be made to the figure for ease of use and readability.

The proposed amendment to §230.21(g) would introduce a new heading to emphasize the importance of ethical behavior as it relates to all aspects of educator testing and to accommodate proposed new subsection (g)(4)(B) that would address failure to pay test costs and fees required by this chapter or the testing vendor. The proposed amendment to subsection (g)(1) would add scoring to the list of assessment activities that an educator or candidate should keep secure. The current subsection (g)(4)(B) has been relettered to subsection (g)(4)(C). Also, a technical edit would be made to §230.23(1), Testing Accommodations for Persons with Dyslexia, to update the statutory reference from TEC, §51.970, to TOC, §54.003.

Subchapter D, Types and Classes of Certificates Issued.

The purpose of Subchapter D, Types and Classes of Certificates Issued, is to identify types and classes of certificates issued in Texas. This subchapter also identifies some of the temporary credentials issued as individuals complete requirements to obtain a Texas standard certificate.

§230.36. Intern Certificates.

Due to the anticipated rigor of new assessments being developed to align with certification for Principal as Instructional Leader, proposed new §230.36(e)(4)(A) and (B) would provide a transition period of December 1, 2018 through September 1, 2019, before requiring successful completion of the new TExES Principal Examination (268) for issuance of the intern certificate. Effective September 1, 2019, candidates seeking issuance of the intern certificate for Principal as Instructional Leader would be required to pass the TExES Principal as Instructional Leader Examination (268).

 §230.41. Visiting International Teacher Certificates.

Proposed new §230.41(a) would replace the current wording and would define the Visiting International Teacher (VIT) Program as a J-1 Visa Exchange Visitor Program officially approved by the United States Department of State (DoS). The DoS has specific requirements to allow organizations from approved countries to apply for designation of sponsorship to administer an exchange visitor program for the teacher category. The application fee for designation or re-designation status as an Exchange Visitor Program Sponsor is $3,982, and the Exchange Visitor Status Change Request fee is $367. Both of these fees are paid directly to the DoS.

With the proposed rule changes, entities interested in sponsoring a VIT Program in Texas would need approval from the DoS prior to contacting TEA staff regarding issuance of the SBEC-approved VIT certificate. The DoS requires an entity seeking approval as an Exchange Visitor Program Sponsor to provide extensive documentation confirming experience to successfully run a VIT program, proof of financial stability, and a clear background check.

Subsection (b) would retain information on requirements that must be met by the individual seeking issuance of a VIT certificate. Subsection (b)(1) includes requirements for general certificate issuance found in §230.11(b)(1)-(4) that are also relevant to the VIT certificate. Section 230.11(b)(5) regarding demonstration of English language proficiency is not included in §230.41(b)(1) to allow VIT program sponsors the flexibility to use assessments of English language proficiency identified in their original application approved by the DoS.

Proposed new subsection (b)(2) would confirm an individual must be recommended for the VIT certificate by a school district participating in the VIT Program. The current subsection (b)(2), renumbered to subsection (b)(3), would add the United States Department of Education to the entities that recognize accrediting organizations that confirm degree equivalencies for credentials issued in other countries.

The current subsection (b)(3), renumbered to subsection (b)(4), would require that English language proficiency and subject matter competence be verified by the VIT Program sponsor officially approved by the DoS and the employing school district.

The current subsection (b)(4), renumbered to subsection (b)(5), would retain the required verification of criminal activity clearance from the country of origin. Current subsection (b)(5) would be deleted to remove reference to federal requirements under No Child Left Behind that are no longer in place. The current subsection (b)(6)-(7) would remain in place.

Subsection (c) would be clarified to state school districts that recommend an individual for a VIT certificate have a critical role in providing those teachers with the necessary supervision, support, and feedback to ensure success in his or her role.

The current wording of subsection (d) would be retained to confirm TEA staff’s administrative role in establishing procedures that support participation in the VIT program and issuance of the VIT certificate.

Proposed new subsection (e) would confirm the VIT certificate is valid for three years upon issuance and would provide an option for two one-year extensions for all individuals actively enrolled in and in good standing with a VIT Program as verified by the program sponsor and the employing school district. The current subsection (e), relettered as subsection (f), would retain wording that the holder of a VIT certificate is also eligible for issuance of a one-year certificate through the out-of-country credentials review process, should he or she wish to pursue a Texas standard certificate.

Because VIT program sponsors are already required to incur the costs of becoming approved by the DoS in order to received the necessary J-1 visas, these amendments would not have a fiscal impact on VIT program sponsors. Texas school districts and charter schools are necessary partners to employ VIT certificate holders as teachers of record during the validity period of the VIT certificate. This partnership has been in place for years so the costs for employing teachers was not included in the fiscal note because school districts are already employing teachers in their positions and would not encounter a fiscal impact as a result of this rule.

Subchapter E, Educational Aide Certificate.

The purpose of Subchapter E, Educational Aide Certificate, is to outline the general requirements for the recommendation, issuance, and renewal of educational aide certificates. Most of the rules in this subchapter remain the same and, therefore, are not included in Attachment II. The proposed amendment to §230.53(c) and (e) would clarify that the determination of English language proficiency should be the responsibility of the employing school district. This clarification is needed because individuals are recommended for certificate issuance by the local school district, and the employing district should retain flexibility to identify staff best suited to meet the needs of districts and the students that they serve.

A proposed amendment would be made to subsection (e) to update the reference to §230.11.

Subchapter G, Certificate Issuance Procedures.

The purpose of Subchapter G, Certificate Issuance Procedures, is to identify the general procedures for issuance of certificates; to confirm the roles of educator preparation programs (EPPs) in the recommendation of their candidates for certification; to highlight the process for dating and issuing certificates and permits; to establish in rule the fees for various certification services; to outline the process for submitting fees for correction of a certificate or permit issued in error; and to identify requirements for issuance of additional certificates based on examination only.

Most of the rules in this subchapter would remain the same; however, language would be proposed in 19 TAC §230.101, Schedule of Fees for Certification Services, to add new subsection (c)(1)-(5), which lists the examination testing fees required for issuance of the different categories of SBEC-approved certificates. The testing fees listed in subsection (c)(1)-(5) are amounts for the new educator testing contract awarded to NCS Pearson. The Performance Assessment for School Leaders (PASL) is a national assessment that will be used by Texas to satisfy a portion of the testing requirements for the Principal as Instructional Leader certificate and endorsement. The testing fee of $375 would be paid directly to the testing vendor, Educational Testing Services (ETS), awarded the new educator testing contract for performance assessments for administrator and student services certificates.

The testing fees listed in subsection (c)(3)-(4) are for future tests that will be redesigned to include an enhanced selected-response/constructed-response approach for assessment to determine preparedness and readiness for licensure. These fees have not been included in the fiscal note as no tests are currently available at these price points, thus no candidates are impacted by these fees. The fees in subsection (c)(3)-(4) will have an impact on future candidates once tests have been developed and test passing standards have been adopted by the commissioner to use these tests as requirements for issuance of licensure.

TEA is required by TEC, §21.041, to collect testing fees in order to fund the certification functions of the SBEC. The testing fees proposed in subsection (c)(1)-(2) would reflect changes to the $131 and $65 fees per test administered under the current contract that expires on August 31, 2018. These fee reductions would provide the majority of certification candidates a cost savings of $15 and $7 per test administered. Additional information about the relevant costs and savings to candidates as part of this proposed rulemaking is discussed in the Fiscal Impact section of this item.

Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States and Territories of the United States.

The purpose of Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States and Territories of the United States, is to outline the process for individuals already certified to teach in other states to obtain Texas certification. Most of the rules in this subchapter would remain the same but a few minor changes would be made.

A technical edit to §230.111(d) would eliminate the words “must be” to improve readability.

An amendment to §230.113, Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States, would clarify that individuals certified outside the state may qualify for an exemption from required Texas examinations if they meet requirements specified in 19 TAC Chapter 152, Commissioner’s Rules Concerning Examination Requirements, §152.1001, Exceptions to Examination Requirements for Individuals Certified Outside the State.

These minor edits would provide alignment and support to provisions included in the Commissioner’s Rules for individuals currently certified outside the state.

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 additional fiscal impact on state governments, and there are additional costs to persons or entities required to comply with the proposed amendments. 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 impose a cost on regulated persons and, therefore, are subject to TGC, §2001.0045, as specified below.

HB 3349, 85th Texas Legislature, Regular Session, 2017, appropriated money to TEA for creation of a new Trade and Industrial Workforce Training certificate that would cost $210,694 in fiscal year 2018 and $202,694 in fiscal year 2019 related to technology changes and personnel supporting the initial development of the standards, test, certificate, and EPP course requirements and hours of training. The remaining fees ($114,334 in fiscal years 2018 and 2019) specific to technology and other activities directly related to issuance of the new Trade and Industrial Workforce Training certificate, including modifications to the Educator Certification Online System, have been included in this fiscal note.

There are proposed changes to the testing fees under the new educator testing contracts with NCS Pearson and ETS that will result in costs and savings to individuals. The new contract year begins September 1, 2018. The same base estimate of examinees per testing fee cost was used for all five fiscal years (2019 through 2023).

• 145,500 examinees are estimated to take tests at the new (lower) price of $116 per test for a total of $16,878,000. This would be a $15 savings per person and a $2,182,500 savings per fiscal year.

• 6,000 examinees are estimated to take tests at the new (lower) price of $58 per test for a total of $348,000. This would be a $7 savings per person and a $42,000 savings per fiscal year.

• 300 examinees are estimated to take tests for the new principal certification at the new (higher) prices of $200 per test for a total of $60,000 and the new (higher price) of $375 per test for a total of $112,000. The total cost per person seeking the new principal certification is $575 per person to take both tests and a total cost of $172,500 per fiscal year.

• The cost of the current principal test is $131, so the new $200 test that will be available in fall of 2018 is a $69 fee increase to candidates for a total cost increase of $20,700 per fiscal year--the $172,500 per fiscal year included in the fiscal note reflects the total amounts of the new tests for principal certification (i.e., $575 x 300 = $172,500).

• Individuals already certified to serve in the role of principal are eligible to add the new Principal as Instructional Leader Endorsement to their certification record by taking the performance assessment for $375. This cost estimate is not included in the fiscal note, as it is challenging to determine the number of current principals that will be interested in obtaining the new endorsement.

• The total savings per fiscal year (with new lower fees for testing that benefit almost all test takers) would be $2,224,500.

• The total costs per fiscal year (with higher testing fees specific to the new Principal as Instructional Leader certificate) would be $172,500.

It is estimated that 300 individuals will take the vendor-owned national test, PASL, and pay the $375 test fee directly to ETS. While fees paid to the state will be lost, the costs to the state of administering the test would also be removed, and ETS will still utilize the TEA's eligibility and score reporting services to ensure that only eligible candidates gain access to the test and receive scores that lead to issuance of the new SBEC-issued Principal as Instructional Leader certificate. This increase in cost to regulated persons would be necessary to ensure competent principals in Texas public schools and thereby ensure the welfare of Texas students.

GOVERNMENT GROWTH IMPACT: 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 require a decrease in fees paid to the agency. The TEA will forfeit the $11 fee per test administered for one component of the new Principal as Instructional Leader certificate. It is estimated that 300 individuals will take the vendor-owned national test, PASL, and pay the $375 test fee directly to ETS.

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 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 AND STUDENT BENEFIT: The public and student benefit anticipated as a result of the proposed amendments to 19 TAC Chapter 230 would be rules that offer continued and clear guidance on processes and procedures for testing and certificate issuance.

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 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States.

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

Marilyn Cook, Director
Educator Certification and Testing

Attachment I:   Statutory Citations

Attachment II:  Text of Proposed Amendments to 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter C, Assessment of Educators; Subchapter D, Types and Classes of Certificates Issued; Subchapter E, Educational Aide Certificate; Subchapter G, Certificate Issuance Procedures; and Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States (including Figure: 19 TAC §230.21(e))