Review of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6–8 Assignments, and Subchapter E, Grades 9–12 Assignments

September 1, 2023

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

SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review the State Board for Educator Certification (SBEC) rule actions that would propose revisions to 19 Texas Administrative Code (TAC) Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6–8 Assignments, and Subchapter E, Grades 9–12 Assignments. The proposed revisions would incorporate courses approved by the SBOE, would add certificate areas to the list of credentials appropriate for placement into an assignment, and would incorporate technical edits where needed to improve readability and align citations.

STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 231 is the Texas Education Code (TEC), §§21.003(a), 21.031(a), 21.041(b)(1) and (2), and 21.064. 

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), states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators.

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, §21.064, requires the SBEC to stop the issuance and renewal of master teacher certificates effective September 1, 2019, to add a designation of "legacy" to each master teacher certificate issued and to recognize these certificates until they expire.

The full text of statutory citations can be found in the statutory authority section of this agenda.

PREVIOUS BOARD ACTION: None.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 231 establish the personnel assignments that correlate with appropriate certifications and are organized as follows:

• Subchapter A, Criteria for Assignment of Public School Personnel;

• Subchapter B, Prekindergarten–Grade 6 Assignments;

• Subchapter C, Grades 6–8 Assignments;

• Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6–12 Assignments;

• Subchapter E, Grades 9–12 Assignments,

• Subchapter F, Special Education–Related Services Personnel Assignments, and

• Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments.

These subchapters offer guidance to school districts and educators by providing the list of courses by grade level and subject area and identifying the corresponding certificates and other requirements for placement of individuals into classroom and/or campus assignments.

Proposed revisions to 19 TAC Chapter 231, Subchapter C and Subchapter E, shown in the attachment, are described below.

Subchapter C. Grades 6–8 Assignments

Titles, Assignments, and Technical Changes

§231.77. Technology Applications, Grades 6–8

The proposed amendment would add Mathematics/Physical Science/Engineering: Grades 6–12 and Mathematics/Physical Science/Engineering: Grades 8–12 to the list of certificates appropriate to teach Technology Applications, Grades 6–8.

§231.79. Career Development, Grades 6–8

The proposed amendment would add the new SBOE-approved course, Career and College Exploration, Grades 6–8, and delete the two courses repealed by the SBOE: College and Career Readiness, Grades 6-8, and Investigating Careers, Grades 6–8. The proposed amendment would also add Mathematics/Physical Science/Engineering: Grades 6–12 and Mathematics/Physical Science/Engineering: Grades 8–12 to the list of certificates appropriate to teach middle school courses for Career Development, Grades 6–8.

Subchapter E. Grades 9–12 Assignments

Titles, Assignments, and Technical Changes

Division 3. Social Studies, Grades 9–12 Assignments.

The proposed amendment to §231.173, Economics with Emphasis on the Free Enterprise System and Its Benefits, Grades 9–12, would update the title to "Economics and Personal Financial Literacy, Grades 9–12" to incorporate additional course listings from §231.175, Personal Financial Literacy, Grades 9–12, and add the SBOE-approved course, Economics and Personal Financial Literacy, into rule. The list of certificates approved as appropriate to teach these courses and already presented in rule would remain unchanged.

The proposal would repeal §231.175, Personal Financial Literacy, Grades 9–12, as the information from the section has been incorporated in the proposed changes to §231.173, referenced above.

Division 5. Science, Grades 9–12 Assignments.

Proposed new §231.221, Specialized Topics in Science, Grades 9–12, would add this new SBOE-approved course into rule and identify the list of certificates appropriate to teach the course.

Division 9. Career Development, Grades 9–12 Assignments.

The proposed amendment to §231.271, Career Development, Grades 9–12, subsection (a), would add Mathematics/Physical Science/Engineering: Grades 6–12 and Mathematics/Physical Science/Engineering: Grades 8–12 to the list of certificates appropriate for the specified assignments.

Division 11. Architecture and Construction, Grades 9–12 Assignments.

The proposed amendment to §231.301, Principles of Architecture; Principles of Construction, Grades 9–12, would add "any vocational agriculture certificate" to the list of certificates appropriate for the specified assignments.

Division 14. Education and Training, Grades 9–12 Assignments.

The proposed amendment to §231.381, Education and Training, Grades 9–12, would add the new SBOE-approved course, Communication and Technology in Education, Grades 9–12, into rule. All remaining information would remain the same as the certificates listed in rule are appropriate to teach the new course being added.

Proposed new §231.385, Child Development, Child Guidance, or Child Development Associates Foundation, Grades 9–12, would add three new SBOE-approved courses, Child Development, Grades 9–12; Child Guidance, Grades 9–12; and Child Development Associates Foundation, Grades 9–12, into rule and specify the certificates appropriate to serve in these assignments.

Division 17. Health Science, Grades 9–12 Assignments.

The proposed amendment to §231.421, Health Science, Grades 9–12, would update subsection (a) to add the new SBOE-approved course, Pharmacy I, Grades 9–12, and the Medical Assistant, Grades 9–12, course already established in rule. The proposal would delete the Medical Assistant, Grades 9–12, course reference in subsection (b) and would add the new SBOE-approved course, Practicum in Nursing, Grades 9–12, to subsection (c). All remaining information would remain the same as the certificates listed in rule are appropriate to teach the new courses being added.

The proposed amendment to §231.423, Anatomy and Physiology, Medical Microbiology, Pathophysiology, and Respiratory Therapy I, Grades 9–12, would update the title to include the Respiratory II course. All remaining information would remain the same as the certificates listed in rule are appropriate to teach the new course being added.

Division 19. Human Services, Grades 9–12 Assignments.

The proposed amendment to §231.463, Lifetime Nutrition and Wellness, Grades 9–12, would add Health: Early Childhood–Grade 12 to the list of certificates appropriate for the specified assignment. All remaining information would be renumbered to reflect this update.

Division 20. Information Technology, Grades 9–12 Assignments.

The proposed amendment to §231.483, Digital Media, Grades 9–12, would add "any marketing certificate" to the list of certificates appropriate for the specified assignments. All remaining information would be renumbered to reflect this update.

Division 24. Science, Technology, Engineering, and Mathematics, Grades 9–12 Assignments.

The proposed amendment to §231.563, Principles of Biosciences, Grades 9–12, would add Life Science: Grades 7–12 and Life Science: Grades 8–12, Legacy Master Science Teacher (Grades 8–12), Science: Grades 7–12 and Science: Grades 8–12, Secondary Biology (Grades 6–12), Secondary Science (Grades 6–12), and Secondary Science, Composite (Grades 6–12), to the list of certificates appropriate to teach this course.

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: No changes have been made to this section since published as proposed. 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 proposal.

LOCAL EMPLOYMENT IMPACT: No changes have been made to this section since published as proposed. The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: No changes have been made to this section since published as proposed. The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: No changes have been made to this section since published as proposed. The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.

TAKINGS IMPACT ASSESSMENT: No changes have been made to this section since published as proposed. The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.

GOVERNMENT GROWTH IMPACT: No changes have been made to this section since published as proposed. 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 create new regulations and repeal a regulation. The proposal would add proposed new 19 TAC §231.385, Child Development, Child Guidance, or Child Development Associates Foundation, Grades 9–12, and proposed new 19 TAC §231.221, Specialized Topics in Science, Grades 9–12, to add newly approved courses. The proposal would repeal §231.175, Personal Financial Literacy, Grades 9–12, which would be consolidated as part of 19 TAC §231.173. The proposal 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 or limit 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 BENEFIT AND COST TO PERSONS: No changes have been made to this section since published as proposed. The public benefit anticipated as a result of the proposal would be clear guidance for districts on appropriate credentials for placement of individuals into classroom, administrative, and support personnel assignments. The TEA staff has determined that there is no anticipated cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: No changes have been made to this section since published as proposed. The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT STATEMENT: No changes have been made to this section since published as proposed. The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: No changes have been made to this section since published as proposed. The TEA staff has determined that the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

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.

MOTION TO BE CONSIDERED: The State Board of Education:

Take no action on the proposed revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6–8 Assignments, and Subchapter E, Grades 9–12 Assignments

Staff Members Responsible:
Emily Garcia, Associate Commissioner, Educator Preparation, Certification, and Enforcement
Marilyn Cook, Senior Director, Educator Preparation and Certification

Attachment:
Text of Proposed Revisions to 19 TAC Chapter 231, Requirements for Public School Personnel Assignments, Subchapter C, Grades 6–8 Assignments, and Subchapter E, Grades 9–12 Assignments