TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 101. ASSESSMENT

SUBCHAPTER AA. COMMISSIONER'S RULES CONCERNING THE PARTICIPATION OF ENGLISH LANGUAGE LEARNERS IN STATE ASSESSMENTS

DIVISION 2. GRADE 10 AND EXIT-LEVEL ASSESSMENTS FOR CERTAIN ENGLISH LANGUAGE LEARNERS

19 TAC §101.1021, §101.1023

The Texas Education Agency (TEA) proposes repeals of §101.1021 and §101.1023, concerning exit-level assessments for certain English language learners (ELLs). The proposed repeals would align the commissioner rules with the requirements of Senate Bill (SB) 463 and SB 1005, 85th Texas Legislature, Regular Session, 2017, by removing inapplicable language resulting from the elimination of Texas Assessment of Knowledge and Skills (TAKS).

Section 101.1021, Scope of Rules, identifies students first enrolled in Grade 9 or higher prior to the 2011-2012 school year, or first enrolled in Grade 10 or higher in the 2011-2012 school year as those to whom the provision applies. These students were required to pass all or certain parts of the TAKS exit-level tests for graduation.

Section 101.1023, English Language Learners at the Exit Level, specifies that ELLs are not eligible for an exemption from TAKS exit-level testing requirements for graduation on the basis of limited English proficiency. However, ELLs who are recent immigrants may be granted a postponement of the administration of the TAKS exit-level assessment under specific circumstances.

As a result of amendments to TEC, §39.025, based on SB 463 and SB 1005, 85th Texas Legislature, Regular Session, 2017, the TAKS exit-level assessments will no longer be administered beginning with the 2017-2018 school year. Recent amendments to 19 TAC §101.3024 and §101.4003 allow former students, who were required to pass the TAKS exit-level assessments for graduation, to earn a high school diploma through alternative options. Thus, the commissioner rules, 19 TAC §101.1021 and §101.1023, which allow for a postponement of the TAKS exit-level assessments, are no longer needed and are proposed to be repealed.

The proposed repeals would have no procedural and reporting implications. The proposed repeals would have no locally maintained paperwork requirements.

FISCAL NOTE. Penny Schwinn, chief deputy commissioner for academics, has determined that for the first five-year period the repeals are in effect, there will be no additional costs for state or local government as a result of enforcing or administering the repeals. There is no effect on local economy for the first five years that the proposed repeals are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed repeals do not impose a cost on regulated persons and, therefore, are not subject to Texas Government Code, §2001.0045.

GOVERNMENT GROWTH IMPACT. The TEA has determined that the proposed repeals do have a government growth impact pursuant to Texas Government Code, §2001.0221. The proposal would repeal existing regulations. The proposed repeals would align the commissioner rules with the requirements of SB 463 and SB 1005, 85th Texas Legislature, Regular Session, 2017, by removing inapplicable language resulting from the elimination of TAKS.

PUBLIC BENEFIT/COST NOTE. Ms. Schwinn has determined that for each year of the first five years the repeals are in effect the public benefit anticipated as a result of enforcing the repeals would be the prevention of confusion that may result from references to exit-level assessments that are no longer offered. There is no anticipated economic cost to persons who are required to comply with the proposed repeals.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. 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.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins January 5, 2018, and ends February 5, 2018. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Rulemaking, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. Comments may also be submitted electronically to rules@tea.texas.gov. A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on January 5, 2018.

STATUTORY AUTHORITY. The repeals are proposed under Texas Education Code (TEC), §39.025, as amended by Senate Bill (SB) 463 and SB 1005, 85th Texas Legislature, Regular Session, 2017, which establishes the secondary-level performance required to receive a Texas high school diploma, establishes alternate assessment options for students who entered Grade 9 prior to the 2011-2012 school year or Grade 10 or above in the 2011-2012 school year, and requires the commissioner to establish satisfactory performance levels on the alternate assessments; and TEC, §39.027, which provides the parameters by which a student may be administered an accommodated or alternative assessment instrument or may be granted an exemption from or a postponement of the administration of an assessment instrument for students with limited English proficiency; recent unschooled immigrants; students in a grade for which no assessment in their primary language is available; and unschooled asylees or refugees.

CROSS REFERENCE TO STATUTE. The repeals implement Texas Education Code, §39.025, as amended by SB 463 and SB 1005, 85th Texas Legislature, Regular Session, 2017, and §39.027.

§101.1021.Scope of Rules.

§101.1023.English Language Learners at the Exit Level.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 21, 2017.

TRD-201705319

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: February 4, 2018

For further information, please call: (512) 475-1497


PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 227. PROVISIONS FOR EDUCATOR PREPARATION CANDIDATES

The State Board for Educator Certification (SBEC) proposes amendments to §§227.1, 227.5, 227.10, 227.15, 227.17, 227.20, and 227.103, concerning provisions for educator preparation candidates. The proposed amendments would implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 1508, 85th Texas Legislature, Regular Session, 2017. The proposed amendments would also implement changes based on stakeholder input and Texas Education Agency (TEA) staff recommendations.

The SBEC rules in 19 TAC Chapter 227 are organized as follows: Subchapter A, Admission to Educator Preparation Programs, and Subchapter B, Preliminary Evaluation of Certification Eligibility. These subchapters provide for rules that establish requirements for admission to an EPP and preliminary evaluation of certification eligibility.

Following is a description of the proposed amendments.

§227.1. General Provisions

Language would be amended to incorporate the requirements of the Texas Occupations Code, §§53.151, 53.152, and 53.153, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017. New subsection (d) would require EPPs to notify applicants and admitted candidates about the potential ineligibility of an individual who had been convicted of an offense for issuance of a certificate upon completion of an EPP, the current SBEC rules regarding the eligibility of a person with a criminal history for a certificate, and their right to request a preliminary criminal history evaluation letter. This letter would provide the applicant or admitted candidate with an evaluation from TEA staff advising of potential ineligibility for educator certification based on the individual's self-reported criminal history. New subsection (e) would require an EPP to refund tuition, application fees, and examination fees paid by an individual if the EPP failed to provide the required notice to an individual who was denied a certificate because the individual was convicted of an offense prior to the EPP providing notice. Based on input from EPP stakeholders, the proposed language would limit the examination fee liability of an EPP to examinations that were required to be passed to meet the admission requirements of the EPP and/or examinations that the EPP approved a candidate to attempt to prevent an EPP from having to refund testing fees from examinations unrelated to the individual's participation in that EPP.

New subsection (f) is being proposed to address deadlines in this chapter that cannot be met because of a disaster that results in the governor of Texas 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.

§227.5. Definitions

Language would be amended to add a definition for undergraduate degree. New paragraph (15) would define undergraduate degree as a bachelor's degree earned from and conferred by an accredited institution of higher education (IHE). This definition would clarify various requirements that require an undergraduate degree and to distinguish between a bachelor's degree and an associate's degree. The rules related to career and technology education certificates that allow a high school diploma or associate's degree for admission to an EPP would not be affected by the addition of this definition.

§227.10. Admission Criteria

Language would be amended in §227.10(a)(3)(B)(ii) and (a)(4)(D) to clarify admission criteria for applicants who had previously been admitted to an EPP and are seeking to be re-admitted to the same EPP. Current rules prohibit TEA staff from providing test approval through the Pre-Admission Content Test (PACT) route if an individual is seeking admission to an EPP that had previously provided test approval to the individual. The proposed amendment would prohibit TEA staff from providing test approval through the PACT route if an individual is seeking admission to an EPP that had previously provided test approval for any certification examination within the same certification class. Classes of certification include superintendent, principal, classroom teacher, reading specialist, master teacher, school librarian, school counselor, and educational diagnostician. This proposed amendment would strengthen the Accountability System for Educator Preparation (ASEP) as it relates to the performance standard for certification examination results by requiring EPPs to be accountable for all tests for which they provided test approval.

Language would be added in proposed §227.10(a)(5) to require an EPP to check the credentials of an applicant who is seeking an initial certificate in a class other than classroom teacher to determine if the applicant already meets the admission requirements and the certification, experience, and/or degree requirements for issuance of a standard certificate. The EPP would need to inform an applicant in writing prior to admission of any deficiency that exists at the time of admission that would cause the individual to be ineligible for a standard certificate if the requirement is not met at the time the individual applies for a standard certificate. This proposed amendment would decrease the number of individuals who complete an EPP and pass the certification examination but are ineligible for a standard certificate because they do not meet the certification, experience, and/or degree requirement for the standard certificate.

Language would be amended in proposed new subsections (f) and (g) to incorporate the requirements of the TEC, §21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017. New subsection (f) would set an admission requirement for educators who want to add the Early Childhood: Prekindergarten-Grade 3 certificate to their credentials. An EPP may admit an educator to its program for the purpose of completing the course of instruction that is required for the issuance of an Early Childhood: Prekindergarten-Grade 3 certificate if the educator holds 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 Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3. New subsection (g) would set admission requirements for educators who do not hold a certificate that allows them to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3. An educator who is not already certified to teach all subjects in these grades must complete the program requirements for an initial certificate, including clinical teaching or an internship, to be eligible for issuance of an Early Childhood: Prekindergarten-Grade 3 certificate. Provisional and professional certificates are lifetime certificates that were issued prior to September 1, 1999. Standard certificates are certificates that were issued on or after September 1, 1999, and are required to be renewed every five years.

§227.15. Contingency Admission

Based on EPP stakeholder input, language would be amended in §227.15(e) to allow an EPP at an IHE to contingently admit an applicant who had been provided coursework and training by the IHE into a master's degree program leading to initial certification if the coursework and training was provided by the IHE at the undergraduate level to fulfill prerequisites for the post-baccalaureate program. Language would also be amended in this subsection to allow an EPP at an IHE to contingently admit an applicant who had been provided coursework and training by the IHE into a post-baccalaureate or alternative certification program if the coursework and training was provided by the IHE at the post-baccalaureate level as part of another program of study. This proposed amendment would allow an EPP at an IHE to contingently admit candidates who had completed coursework or training at the undergraduate or graduate level at the same IHE.

§227.17. Formal Admission

Based on EPP stakeholder input, language would be amended in §227.17(f) to allow an EPP at an IHE to formally admit an applicant who had been provided coursework and training by the IHE into a master's degree program leading to initial certification if coursework and training was provided by the IHE at the undergraduate level to fulfill prerequisites for the post-baccalaureate program. Language would also be amended in this subsection to allow an EPP at an IHE to formally admit an applicant who had been provided coursework and training by the IHE into a post-baccalaureate or alternative certification program if the coursework and training was provided by the IHE at the post-baccalaureate level as part of another program of study. This proposed amendment would allow an EPP at an IHE to formally admit candidates who had completed coursework or training at the undergraduate or graduate level at the same IHE.

§227.20. Implementation Date

Language would be amended so that the rules that were in effect on the date an EPP candidate was admitted to an EPP would determine the admission requirements applicable to that candidate. This proposed amendment would make the implementation of this chapter consistent with the implementation of the requirements for EPPs as provided in Chapter 228.

Subchapter B. Preliminary Evaluation of Certification Eligibility

Language would be amended in §227.103(a) to cite the correct rule reference for the preliminary criminal history evaluation fee. The current fee for this evaluation is $50.

The proposed amendment to §227.1(d) would have an additional procedural requirement because an EPP would be required to develop a procedure to notify applicants and admitted candidates about the potential ineligibility of an individual who had been convicted of an offense for issuance of a certificate upon completion of an EPP, the current SBEC rules regarding the eligibility of a person with a criminal history for a certificate, and their right to request a preliminary criminal history evaluation letter.

The proposed amendment to §227.10(a)(5) would have an additional procedural requirement because an EPP would be required to develop a procedure to check the credentials of an applicant who is seeking an initial certificate in a class other than classroom teacher to determine if the applicant already meets the certification, experience, and/or degree requirements for issuance of a standard certificate.

The proposed amendment to §227.1(d) would have an additional locally maintained paperwork requirement because an EPP would be required to notify applicants and admitted candidates about the potential ineligibility of an individual who had been convicted of an offense for issuance of a certificate upon completion of an EPP, the current SBEC rules regarding the eligibility of a person with a criminal history for a certificate, and their right to request a preliminary criminal history evaluation letter.

The proposed amendment to §227.10(a)(5) would have an additional locally maintained paperwork requirement because an EPP would be required to check the credentials of an applicant who is seeking an initial certificate in a class other than classroom teacher to determine if the applicant already meets the certification, experience, and/or degree requirements for issuance of a standard certificate.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the amendments are in effect, there will be no additional fiscal implications for state and local governments and there are no additional costs to entities required to comply with the proposed amendments. There is no effect on local economy for the first five years that the proposed amendments are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendments do not impose a cost on regulated persons, another state agency, a special district, or local government and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Franklin has determined that for each year of the first five years the amendments are in effect the public benefit anticipated as a result of enforcing the amendments would be clear guidance for applicants and EPPs on requirements for admission to EPPs as well as eligibility for a preliminary evaluation of certification eligibility. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. 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.

GOVERNMENT GROWTH IMPACT: The TEA staff has determined that the proposed amendments do have a government growth impact pursuant to Texas Government Code, §2001.0221.

The proposed rules in §227.1(d) and (e) would create a new regulation to incorporate the requirements of the TOC, §§53.151, 53.152, and 53.153, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017. The proposed rule in §227.1(d) would require EPPs to notify applicants and admitted candidates about the potential ineligibility of an individual who had been convicted of an offense for issuance of a certificate upon completion of an EPP, the current SBEC rules regarding the eligibility of a person with a criminal history for a certificate, and their right to request a criminal history evaluation letter. The proposed rule in §227.1(e) would require an EPP to refund tuition, application fees, and examination fees paid by an individual if the EPP failed to provide the required notice to an individual who was denied a certificate because the individual was convicted of an offense.

The proposed rules in §227.15(e) and §227.17(f) would limit an existing regulation that prohibits an EPP at an IHE to admit individuals who had previously completed coursework or training at an IHE. The proposed rules would also decrease the number of individuals who would not be eligible for admission to an EPP at an IHE because they were subject to the rule's applicability. The proposed rules would allow an EPP at an IHE to admit an applicant into a master's degree program leading to initial certification if coursework and training was provided by the IHE at the undergraduate level to fulfill prerequisites for the post-baccalaureate program. The proposed rules would also allow an EPP at an IHE to admit an applicant into a post-baccalaureate or alternative certification program if coursework and training was provided by the IHE at the post-baccalaureate level as part of another program of study.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins January 5, 2018, and ends February 5, 2018. The SBEC will take registered oral and written comments on the proposed amendments at the March 2, 2018 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposed amendments submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Mr. Ryan Franklin, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on January 5, 2018.

SUBCHAPTER A. ADMISSION TO EDUCATOR PREPARATION PROGRAMS

19 TAC §§227.1, 227.5, 227.10, 227.15, 227.17, 227.20

STATUTORY AUTHORITY. The amendments are proposed under the Texas Education Code (TEC), §21.031, which 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), which 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(a), which 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(g)(2) and (3), which requires each educator preparation program (EPP) to provide certain information related to the effect of supply and demand forces on the educator workforce of the state and the performance over time of the EPP; TEC, §21.0441, which requires the SBEC to adopt rules setting certain admission requirements for EPPs; TEC, §21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to adopt rules establishing eligibility requirements for an Early Childhood: Prekindergarten-Grade 3 certificate; TEC, §21.049(a), which authorizes the SBEC to propose rules providing for educator certification programs as an alternative to traditional EPPs; TEC, §21.050(a), which requires 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 the TEC, Chapter 28, Subchapter A; TOC, §53.151, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017, which sets the definitions of "licensing authority" and "occupational license" to have the meanings assigned to those terms by the TOC, Section 58.001; TOC, §53.152, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017, which requires EPPs to provide applicants and enrollees certain notice regarding potential ineligibility for a certificate based on convicted offenses, the SBEC rules regarding the certificate eligibility of an individual with a criminal history, and the right of the individual to request a criminal history evaluation letter; and TOC, §53.153, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017, which requires an EPP to refund tuition, application fees, and examination fees paid by an individual if the EPP failed to provide the required notice under the TOC, §53.152, to an individual who was denied a certificate because the individual was convicted of an offense.

CROSS REFERENCE TO STATUTE. The amendments implement the Texas Education Code, (TEC), §§21.031; 21.041(b)(1); 21.044(a) and (g)(2) and (3); 21.0441; 21.0489(c), as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017; 21.049(a); 21.050(a); and Texas Occupations Code (TOC), §§53.151, 53.152, and 53.153, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017.

§227.1.General Provisions.

(a) It is the responsibility of the education profession as a whole to attract applicants and to retain educators who demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.

(b) Educator preparation programs should inform all applicants that:

(1) pursuant to the Texas Education Code (TEC), §22.083, candidates must undergo a criminal history background check prior to employment as an educator; and

(2) pursuant to the TEC, §22.0835, candidates must undergo a criminal history background check prior to clinical teaching.

(c) Educator preparation programs (EPPs) shall inform all applicants, in writing, of the following:

(1) the admission requirements as specified in this chapter;

(2) the requirements for program completion as specified in Chapter 228 of this title (relating to Educator Preparation Requirements); and

(3) in accordance with TEC, §21.044(e)(3):

(A) the effect of supply and demand forces on the educator workforce in this state; and

(B) the performance over time of the EPP for the past five years.

(d) EPPs shall notify, in writing by mail, personal delivery, facsimile, email, or an electronic notification, each applicant to and enrollee in the EPP of the following regardless of whether the applicant or enrollee has been convicted of an offense:

(1) the potential ineligibility of an individual who has been convicted of an offense for issuance of a certificate on completion of the EPP;

(2) the current State Board for Educator Certification (SBEC) rules prescribed in §249.16 of this title (relating to Eligibility of Persons with Criminal History for a Certificate under Texas Occupations Code, Chapter 53, and Texas Education Code, Chapter 21); and

(3) the right to request a criminal history evaluation letter as provided in Chapter 227, Subchapter B, of this title (relating to Preliminary Evaluation of Certification Eligibility).

(e) If the SBEC determines that an EPP has failed to provide the notice required by subsection (d) of this section to an individual entitled to receive the notice and that the individual's application for a certificate for which the EPP prepares the individual was denied because the individual has been convicted of an offense prior to the EPP providing notice, the SBEC shall order the EPP to:

(1) refund the amount of any tuition paid by the individual to the EPP; and

(2) pay to the individual an amount equal to the total of the following, as applicable:

(A) the amount of any application fees paid by the individual to the SBEC; and

(B) the amount of any examination fees paid by the individual to the SBEC and/or to a provider of examinations required for certification. An EPP is not liable for examination fees if the examination was not required to be passed to meet the admission requirements of the EPP and/or the EPP did not provide test approval for the examination.

(f) If the governor of Texas declares a state of disaster consistent with the Texas Government Code, §418.014, Texas Education Agency (TEA) staff may extend deadlines in this chapter for up to 90 days as necessary to accommodate persons in the affected disaster areas.

§227.5.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Accredited institution of higher education--An institution of higher education that, at the time it conferred the degree, was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board.

(2) Alternative certification program--An approved educator preparation program, delivered by entities described in §228.20(a) of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a bachelor's degree from an accredited institution of higher education.

(3) Applicant--An individual seeking admission to an educator preparation program for any class of certificate.

(4) Candidate--An individual who has been formally or contingently admitted to an educator preparation program; also referred to as an enrollee or participant.

(5) Certification category--A certificate type within a certification class; also known as certification field.

(6) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certification), that has defined characteristics; also known as certification field.

(7) Clinical teaching--An assignment, as described in §228.35 of this title (relating to Preparation Program Coursework and/or Training).

(8) Content certification examination--A standardized test or assessment required by statute or State Board for Educator Certification rule that governs an individual's admission to an educator preparation program or certification as an educator.

(9) Contingency admission--Conditional admission to an educator preparation program when an applicant meets all admission requirements specified in §227.10 of this title (relating to Admission Criteria) except graduation and degree conferred from an accredited institution of higher education.

(10) Educator preparation program--An entity that must be approved by the State Board for Educator Certification to recommend candidates in one or more classes of certificates.

(11) Formal admission--Admission to an educator preparation program when an applicant meets all admission requirements specified in §227.10 of this title (relating to Admission Criteria).

(12) Incoming class--Individuals contingently or formally admitted between September 1 and August 31 of each year by an educator preparation program.

(13) Post-baccalaureate program--An educator preparation program, delivered by an accredited institution of higher education and approved by the State Board for Educator Certification to recommend candidates for certification, that is designed for individuals who already hold at least a bachelor's degree from an accredited institution of higher education and are seeking an additional degree.

(14) Semester credit hour--One semester credit hour is equal to 15 clock-hours at an accredited institution of higher education.

(15) Undergraduate degree--A bachelor's degree earned from and conferred by an accredited institution of higher education.

§227.10.Admission Criteria.

(a) The educator preparation program (EPP) delivering educator preparation shall require the following minimum criteria of all applicants seeking initial certification in any class of certificate, unless specified otherwise, prior to admission to the program.

(1) For an undergraduate university program, an applicant shall be enrolled in an accredited institution of higher education (IHE).

(2) For an alternative certification program or post-baccalaureate program, an applicant shall have, at a minimum, a bachelor's degree earned from and conferred by an accredited IHE.

(3) For an undergraduate university program, alternative certification program, or post-baccalaureate program, to be eligible for admission into an EPP, an applicant shall have a grade point average (GPA) of at least 2.5 before admission.

(A) The GPA shall be calculated from an official transcript as follows:

(i) 2.5 on all coursework previously attempted by the person at an accredited IHE:

(I) at which the applicant is currently enrolled (undergraduate university program formal admission, alternative certification program contingency admission, or post-baccalaureate program contingency admission); or

(II) from which the most recent bachelor's degree or higher from an accredited IHE was conferred (alternative certification program formal admission or post-baccalaureate program formal admission); or

(ii) 2.5 in the last 60 semester credit hours on all coursework previously attempted by the person at an accredited IHE:

(I) at which the applicant is currently enrolled (undergraduate university program formal admission, alternative certification program contingency admission, or post-baccalaureate program contingency admission). If an applicant has less than 60 semester credit hours on the official transcript from the accredited IHE at which the applicant is currently enrolled, the EPP shall use grades from all coursework previously attempted by a person at the most recent accredited institution(s) of higher education, starting with the most recent coursework from the official transcript(s), to calculate a GPA for the last 60 semester credit hours; or

(II) from which the most recent bachelor's degree or higher from an accredited IHE was conferred. If an applicant has hours beyond the most recent degree, an EPP may use grades from the most recent 60 hours of coursework from an accredited IHE (alternative certification program formal admission or post-baccalaureate program formal admission).

(B) An exception to the minimum GPA requirement may be granted by the program director only in extraordinary circumstances and may not be used by a program to admit more than 10% of any incoming class of candidates. An applicant is eligible for this exception if:

(i) documentation and certification from the program director that an applicant's work, business, or career experience demonstrates achievement equivalent to the academic achievement represented by the GPA requirement; and

(ii) in accordance with the Texas Education Code, §21.0441(b), an applicant must pass an appropriate content certification examination as specified in paragraph (4)(C) and (D) of this subsection for each subject in which the applicant seeks certification prior to admission. Applicants who do not meet the minimum GPA requirement and have previously been admitted into an EPP may request permission to register for an appropriate content certification examination if the applicant is not seeking admission to the same EPP that previously granted test approval for a certification examination in the same certification class.

(C) An applicant who is seeking a career and technical education (CTE) certificate that does not require a degree from an accredited IHE is exempt from the minimum GPA requirement.

(D) An applicant who does not meet the minimum GPA requirement and is seeking certification in a class other than classroom teacher must perform at or above a score equivalent to a 2.5 GPA on the Verbal Reasoning, Quantitative Reasoning, and Analytic Writing sections of the GRE® (Graduate Record Examinations) revised General Test. The State Board for Educator Certification will use equivalency scores established by the Educational Testing Service, and the Texas Education Agency (TEA) will publish those equivalency scores annually on the TEA website.

(4) For an applicant who will be seeking an initial certificate in the classroom teacher class of certificate, the applicant shall have successfully completed, prior to admission, at least:

(A) a minimum of 12 semester credit hours in the subject-specific content area for the certification sought, unless certification sought is for mathematics or science at or above Grade 7; or

(B) 15 semester credit hours in the subject-specific content area for the certification sought if the certification sought is for mathematics or science at or above Grade 7; or

(C) a passing score on a comparable content certification examination administered by a vendor on the TEA-approved vendor list published by the commissioner of education on the TEA website for the calendar year during which the applicant seeks admission; or

(D) for an applicant who has not previously been admitted into an EPP, a passing score on a content certification examination administered by a TEA-approved vendor. An applicant who has previously been admitted into an EPP may request permission to register for a content certification examination if an applicant is not seeking admission to the same EPP that previously granted test approval for a certification examination in the same certification class.

(5) For an applicant who will be seeking an initial certificate in a class other than classroom teacher, the applicant shall meet the minimum requirements for admission described in Chapter 239 of this title (relating to Student Services Certificates); Chapter 241 of this title (relating to Principal Certificate); and Chapter 242 of this title (relating to Superintendent Certificate). If an applicant has not met the minimum certification, degree, and/or experience requirement(s) for issuance of a standard certificate prior to admission, the EPP shall inform the applicant in writing of any deficiency prior to admission.

(6) [(5)] An applicant must demonstrate basic skills in reading, written communication, and mathematics by meeting the requirements of the Texas Success Initiative under the rules established by the Texas Higher Education Coordinating Board (THECB) in Part 1, Chapter 4, Subchapter C, of this title (relating to Texas Success Initiative), including one of the requirements established by §4.54 of this title (relating to Exemptions, Exceptions, and Waivers).

(7) [(6)] An applicant must demonstrate the English language proficiency skills as specified in §230.11 of this title (relating to General Requirements).

(A) An applicant for CTE certification that does not require a bachelor's degree from an accredited IHE may satisfy the English language proficiency requirement with an associate's degree or high school diploma or the equivalent that was earned at an accredited IHE or an accredited high school in the United States.

(B) An applicant to a university undergraduate program that leads to a bachelor's degree may satisfy the English language proficiency requirement by meeting the English language proficiency requirement of the accredited IHE at which the applicant is enrolled.

(8) [(7)] An applicant must submit an application and participate in either an interview or other screening instrument to determine if the EPP applicant's knowledge, experience, skills, and aptitude are appropriate for the certification sought.

(9) [(8)] An applicant must fulfill any other academic criteria for admission that are published and applied consistently to all EPP applicants.

(b) An EPP may adopt requirements in addition to and not in conflict with those required in this section.

(c) An EPP may not admit an applicant who:

(1) has been reported as completing all EPP requirements by another EPP in the same certification category or class, unless the applicant only needs certification examination approval; or

(2) has been employed for three years in a public school under a permit or probationary certificate as specified in Chapter 230, Subchapter D, of this title (relating to Types and Classes of Certificates Issued), unless the applicant is seeking clinical teaching that may lead to the issuance of an initial standard certificate.

(d) An EPP may admit an applicant for CTE certification who has met the experience and preparation requirements specified in Chapter 230 of this title (relating to Professional Educator Preparation and Certification) and Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).

(e) An EPP may admit an applicant who has met the minimum academic criteria through credentials from outside the United States that are determined to be equivalent to those required by this section using the procedures and standards specified in Chapter 245 of this title (relating to Certification of Educators from Other Countries). An EPP at an entity that is accredited by an accrediting organization recognized by the THECB may use its own foreign credential evaluation service to meet the requirement described in §245.10(a)(2) of this title (relating to Application Procedures), if the entity is in good standing with its accrediting organization.

(f) An applicant is eligible to enroll in an EPP for the purpose of completing the course of instruction that is required for the issuance of an Early Childhood: Prekindergarten-Grade 3 certificate if the individual holds a valid standard, provisional, or one-year certificate specified in §230.31 of this title (relating to Types of Certificates) in a certificate category that allows the applicant to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3.

(g) An applicant who does not hold a valid standard, provisional, or one-year certificate specified in §230.31 of this title in a certificate category that allows the applicant to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3 must complete the program requirements for initial certification to be eligible for issuance of an Early Childhood: Prekindergarten-Grade 3 certificate.

§227.15.Contingency Admission.

(a) An applicant may be accepted into an alternative certification program or post-baccalaureate program on a contingency basis pending receipt of an official transcript showing degree conferred, as specified in §227.10(a)(2) of this title (relating to Admission Criteria), provided that:

(1) the applicant is currently enrolled in and expects to complete the courses and other requirements for obtaining, at a minimum, a bachelor's degree at the end of the semester in which admission to the program is sought;

(2) all other admission requirements specified in §227.10 of this title have been met;

(3) the EPP must notify the applicant of the offer of contingency admission in writing by mail, personal delivery, facsimile, email, or an electronic notification; and

(4) the applicant must accept the offer of contingency admission in writing by mail, personal delivery, facsimile, email, or an electronic notification.

(b) The effective date of contingency admission shall be included in the offer of contingency admission.

(c) An EPP must notify the Texas Education Agency within seven calendar days of a candidate's contingency admission.

(d) An applicant admitted on a contingency basis may begin program training and may be approved to take a certification examination, but shall not be recommended for a probationary certificate until the bachelor's degree or higher from an accredited institution of higher education (IHE) has been conferred.

(e) Except as provided by this section, an alternative certification program or post-baccalaureate program, prior to admission on a contingency basis, shall not provide coursework, training, and/or examination approval to an applicant that leads to initial certification in any class of certificate. A post-baccalaureate or alternative certification program at an IHE may admit an applicant if coursework and training was provided by the same IHE as part of: [the degree to be conferred.]

(1) the degree to be conferred;

(2) a prerequisite for a master's degree leading to initial certification; or

(3) a different post-baccalaureate program of study.

(f) The contingency admission will be valid for only the fall, spring, or summer semester for which the contingency admission was granted and may not be extended for another semester. The end of each semester shall be consistent with the common calendar established by the Texas Higher Education Coordinating Board.

§227.17.Formal Admission.

(a) For an applicant to be formally admitted to an educator preparation program (EPP), the applicant must meet all the admission requirements specified in §227.10 of this title (relating to Admission Criteria).

(b) For an applicant to be formally admitted to an EPP, the EPP must notify the applicant of the offer of formal admission in writing by mail, personal delivery, facsimile, email, or an electronic notification.

(c) For an applicant to be considered formally admitted to the EPP, the applicant must accept the offer of formal admission in writing by mail, personal delivery, facsimile, email, or an electronic notification.

(d) The effective date of formal admission shall be included in the offer of formal admission.

(e) An EPP must notify the Texas Education Agency within seven calendar days of a candidate's formal admission.

(f) Except as provided by §227.15 of this title (relating to Contingency Admission), an alternative certification program or post-baccalaureate program, prior to formal admission, shall not provide coursework, training, and/or examination approval to an applicant that leads to initial certification in any class of certificate. A post-baccalaureate or alternative certification program at an institution of higher education (IHE) may admit an applicant if coursework and training was provided by the same IHE as part of: [a previous degree that was conferred.]

(1) a previous degree that was conferred;

(2) a prerequisite for a master's degree leading to initial certification; or

(3) a different post-baccalaureate program of study.

§227.20.Implementation Date.

The provisions of this chapter that were in effect on the date an educator preparation program (EPP) candidate was admitted to an EPP shall determine the program requirements applicable to that candidate. [This subchapter applies to an applicant who is admitted to an educator preparation program on or after January 1, 2017.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 21, 2017.

TRD-201705346

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: February 4, 2018

For further information, please call: (512) 475-1497


SUBCHAPTER B. PRELIMINARY EVALUATION OF CERTIFICATION ELIGIBILITY

19 TAC §227.103

STATUTORY AUTHORITY. The amendment is proposed under the Texas Occupations Code (TOC), §53.105, as added by HB 1508, 85th Texas Legislature, Regular Session, 2017, which 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.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Occupations Code, §53.105.

§227.103.Application.

(a) A request for preliminary criminal history evaluation must be preceded by payment of the required criminal history evaluation fee specified in §230.101(a)(19) [(a)(20)] of this title (relating to Schedule of Fees for Certification Services).

(b) A request for preliminary criminal history evaluation must include the following:

(1) a signed and dated application, in the form provided on the Texas Education Agency (TEA) website, containing contact information and the date and description of each offense requested to be evaluated;

(2) an attached statement of the circumstances upon which the arrest is based and the disposition relating to each offense to be evaluated;

(3) court documentation relating to each offense, including, at a minimum, the formal disposition of the offense(s) and related charge(s) (e.g., Judgment, Order of Probation, Sentence, Deferred Adjudication Order, etc.); and

(4) a copy of the receipt for the request for preliminary criminal history evaluation fee.

(c) All required documents and information specified in subsection (b) of this section must be provided with the request for preliminary criminal history evaluation. Any documents or information not provided in the original request will not be considered reasonably available.

(d) The preliminary criminal history evaluation will be based solely on the application and court or law enforcement documents provided. Any information not provided by the requestor shall be considered not reasonably available at the time of the request and may be considered at the time the requestor subsequently applies for a certificate issued by the State Board for Educator Certification. Additional documentation that should be provided, if possible, includes the following:

(1) the formal charge(s) (e.g., indictment, information, or complaint);

(2) evidence that the condition(s) of the court have been met (e.g., completion of probation, receipt for restitution, etc.); and

(3) any available law enforcement report(s) describing the offense or the investigation of the offense.

(e) The application, the statement of circumstances, the required court documentation, and a copy of the receipt for the request for preliminary criminal history evaluation fee must be submitted to the TEA division responsible for educator investigations by United States certified mail, return receipt requested, to the address provided on the application or by facsimile to the facsimile number provided on the application.

(f) A request for preliminary criminal history evaluation is incomplete unless it includes a copy of the receipt for the request for preliminary criminal history evaluation fee, a completed application, a statement of circumstances, and the required court documentation. The TEA staff will take no action on a request that is incomplete.

(g) All documents submitted in connection with a request for preliminary criminal history evaluation, whether complete or incomplete, will not be returned to the requestor. All documents will be retained or destroyed by the TEA in accordance with the TEA records retention schedule.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 21, 2017.

TRD-201705347

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: February 4, 2018

For further information, please call: (512) 475-1497


CHAPTER 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

SUBCHAPTER C. ASSESSMENT OF EDUCATORS

19 TAC §230.21

The State Board for Educator Certification (SPEC) proposes an amendment to §230.21, concerning assessment of educators. The proposed amendment would update the figure in subsection (e) with the appropriate required examinations for Texas certificate issuance and incorporate language that strengthens the provisions concerning test security and confidentiality integrity. Additional technical changes are being proposed for clarification purposes.

The SPEC is statutorily authorized to regulate and oversee all aspects of the certification of public school educators. SPEC 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.

The SPEC rules in 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subcategory C, Assessment of Educators, establish guidelines and procedures for the assessment of educators.

The proposed amendment to 19 TAC Chapter 230, Subcategory C, §230.21, would update the list of required examinations for certificates issued by the SPEC and adopted in rule as Figure: §230.21(e). The proposed amendment would also incorporate language that broadens the scope of persons that should comply with the test security and confidentiality integrity provisions outlined in this chapter. This change would require candidates for certification to comply with the same provisions as current educators regarding test security and confidentiality integrity provisions.

§230.21. Educator Assessment

Language would be amended in subsection (e) to update Figure: 19 TAC §230.21(e) and provide the most current list of examinations required for issuance of Texas certificates. The updated figure would incorporate minor technical edits to add six certificate references, correct six certificate names, and delete information for thirteen certificates that will no longer be issued by the SPEC by the anticipated effective date of the proposed amendment to 19 TAC §230.21.

The following changes, organized by Certificate TAB Reference, are reflected in updated proposed Figure: 19 TAC §230.21(e):

§233.6: deleted Bilingual Generalist: Grades Each and Bilingual Generalist: Grades 4-8

§233.2: added Core Subjects: Grades Each and Core Subjects: Grades 4-8

§233.7: deleted English as a Second Language Generalist: Grades Each and English as a Second Language Generalist: Grades 4-8

§239.20: corrected title of School Counselor Certificate, Prekindergarten changed to Early Childhood

§233.10: added Dance: Grades 6-12

§239.93: corrected title of Reading Specialist Certificate, Prekindergarten changed to Early Childhood

§233.2: deleted Generalist: Grades Each and Generalist: Grades 4-8

§233.3: deleted Journalism: Grades 8-12 certificate

§233.17: added Junior Reserve Officer Training Certificate: Grades 6-12

§233.15: added Korean: Early Childhood-Grade 12 and Portuguese: Early Childhood-Grade 12

§239.60: corrected title of School Librarian Certificate, Prekindergarten changed to Early Childhood

§239.101: corrected title of Master Reading Teacher Certificate, Prekindergarten changed to Early Childhood

§233.4: deleted Physics/Mathematics: Grades 8-12 and Mathematics/Physical Science/Engineering: Grades 8-12

§241.20: corrected title of Principal Certificate, added Early Childhood-Grade 12

§242.20: corrected title of Superintendent Certificate, added Early Childhood-Grade 12

§233.13: deleted Business Education: Grades 6-12, Marketing Education: Grades 8-12, Health Science Technology Education: Grades 8-12, and Trade and Industrial Education: Grades 8-12 certificates

These proposed changes would ensure accurate information in rule on required tests for certificate issuance.

Language would be amended in subsections (g)(1), (2), and (4), renumbered as subsection (g)(3), to add the word "candidate" to the list of persons required to comply with test security and confidentiality integrity. The proposed amendment would clarify that candidates who participate in the development, design, construction, review, field testing, or validation of an examination; who administer an examination; and/or who is an examinee complies with the same provisions of this subsection currently only required of educators. This proposed change would clarify that these provisions apply to anyone involved in activities related to taking, administering and/or scoring a test, developing and/or reviewing certification tests, or providing input on recommended test cut scores or test passing standards, resulting in better test security and the confidentiality integrity of Subclassified examinations.

Language would be amended to delete current subsection (g)(3) based on TEA staff's recommendation to extend the expectations of compliance related to test security and confidentiality integrity to include candidates seeking certification as an educator, as referenced in subsection (a), and/or candidates seeking a standard certificate as an educator, based on completion of an approved educator preparation program (APE), as referenced in subsection (b). The information deleted in current subsection (g)(3) would be addressed in subsection (g)(5) to include candidates to the list of individuals for whom sanctions could apply for violation of this subsection regarding test security and confidentiality integrity.

New subsection (g)(4) would clarify that an educator or candidate should not solicit information about the contents of an examination or conduct himself or herself in a way that violates test security or confidentiality integrity. This change would further clarify expectations of ethical behavior related to educator testing and activities related to certificate issuance.

Language would be amended in subsection (g)(5) to clarify penalties that apply respectively to candidates for certification and to certified educators for violations of this section to address an increase in test cheating incidents in recent years. Language in current subsection (g)(5)(C) would be moved as part of subsection (g)(5)(A) to clarify that under the SPEC's authority, disallowance from examination is a possible form of sanction for educators. Minor technical edits are also recommended to conform with Texas Register format and style requirements and to reflect the term "confidentiality integrity" in the first sentence of subsection (g).

The proposed amendment to 19 TAC Chapter 230, Subcategory C, §230.21 would clarify examination requirements for certificate issuance and update provisions concerning test security and confidentiality integrity, sending a clear message to educators, certification candidates, and individuals about the high-stakes nature of certification examinations and the importance of ethical behavior in all aspects of educator testing.

The proposed amendment would have no additional procedural and reporting implications. The proposed amendment would have no additional locally maintained paperwork requirements.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the amendment is in effect, there will be no additional fiscal implications for state or local government and no additional costs to entities as a result of enforcing or administering the amendment. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons, another state agency, a special district, or local government and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Franklin has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment would be the continuation of requirements relating to certification, fees, procedures for testing and certificate issuance, educational aides, and permits for professional educator preparation and certification. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. 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.

GOVERNMENT GROWTH IMPACT: The TEA staff has determined that the proposed amendment does not have a government growth impact pursuant to Texas Government Code, §2001.0221.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins January 5, 2018, and ends February 5, 2018. The SPEC will take registered oral and written comments on the proposed amendment at the March 2, 2018 meeting in accordance with the SPEC board operating policies and procedures. All requests for a public hearing on the proposed amendment submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Mr. Ryan Franklin, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on January 5, 2018.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §21.031, which charges the SPEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators to ensure that all candidates for certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(a), which authorizes the SPEC to adopt rules as necessary to implement its procedures; TEC, §21.041(b)(1), which requires the SPEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subcategory B, in a manner consistent with the TEC, Chapter 21, Subcategory B; TEC, §21.041(b)(4), which requires the SPEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(7), which authorizes the SPEC to adopt rules as necessary to provide for educator disciplinary proceedings, including the suspension or revocation of an educator certificate; TEC, §21.041(b)(8), which authorizes the SPEC to adopt rules as necessary for the adoption, amendment, and enforcement of an educator's code of ethics; TEC, §21.041(c), which authorizes the SPEC to adopt rules as necessary to establish fees for the issuance and maintenance of an educator's certificate; TEC, §21.045(a)(1), which authorizes the SPEC to adopt rules as necessary to use the results of certification examinations as part of the accountability system for educator preparation programs; TEC, §21.048, which authorizes the SPEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the board; the maximum time between test retakes and the total number of test attempts per certification candidate; guidelines for development and administration of examinations for educators who have a hearing impairment; and the guidelines for maintaining confidentiality of examination results; and Texas Occupations Code, §54.003, which authorizes the SPEC to adopt rules as necessary to provide examination accommodations for persons with dyslexia.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, §§21.031; 21.041(a), (b)(1), (4), (7), and (8), and (c); 21.045(a)(1); 21.048; and the Texas Occupations Code (TOC), §54.003.

§230.21.Educator Assessment.

(a) - (d) (No change.)

(e) The appropriate examination(s) required for certification are specified in the figure provided in this subsection.

Figure: 19 TAC §230.21(e) (.pdf)

[Figure: 19 TAC §230.21(e)]

(f) (No change.)

(g) The following provisions concern test security and confidentiality [confidential] integrity.

(1) An educator or candidate who participates in the development, design, construction, review, field testing, or validation of an examination shall not reveal or cause to be revealed the contents of the examination to any other person.

(2) An educator or candidate who administers an examination shall not:

(A) allow or cause an unauthorized person to view any part of the examination;

(B) copy, reproduce, or cause to be copied or reproduced any part of the examination;

(C) reveal or cause to be revealed the contents of the examination;

(D) correct, alter, or cause to be corrected or altered any response to a test item contained in the examination;

(E) provide assistance with any response to a test item contained in the examination or cause assistance to be provided; or

(F) deviate from the rules governing administration of the examination.

[(3) An educator who violates subsection (a) or (b) of this section is subject to sanction in accordance with the provisions of the TEC, §21.041(b)(7), and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases).]

(3) [(4)] An educator or candidate who is an examinee shall not:

(A) copy, reproduce, or cause to be copied or reproduced any test item contained in the examination;

(B) provide assistance with any response to a test item contained in the examination, or cause assistance to be provided;

(C) solicit or accept assistance with any response to a test item contained in the examination;

(D) deviate from the rules governing administration of the examination; or

(E) otherwise engage in conduct that amounts to cheating, deception, or fraud.

(4) An educator, candidate, or other test taker shall not:

(A) solicit information about the contents of test items on an examination that the educator, candidate, or other test taker has not already taken from an individual who has had access to those items, or offer information about the contents of specific test items on an examination to individuals who have not yet taken the examination; or

(B) otherwise engage in conduct that amounts to violations of test security or confidentiality integrity, including cheating, deception, or fraud.

(5) A person [An educator] who violates this subsection is subject to:

(A) sanction, including, but not limited to, disallowance and exclusion from future examinations either in perpetuity or for a period of time that serves the best interests of the education profession, in accordance with the provisions of the TEC, §21.041(b)(7), and Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases); and/or

(B) denial of certification in accordance with the provisions of the TEC, §21.041(b)(7), and Chapter 249 of this title; and/or

(C) [(B)] voiding of a score from an examination in which a violation specified in this subsection occurred as well as a loss of a test attempt for purposes of the retake limit in subsection (a) of this section.[; and]

[(C) disallowance and exclusion from future examinations either in perpetuity or for a period of time that serves the best interests of the education profession.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 21, 2017.

TRD-201705348

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: February 4, 2018

For further information, please call: (512) 475-1497


CHAPTER 232. GENERAL CERTIFICATION PROVISIONS

SUBCHAPTER A. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

19 TAC §232.11

The State Board for Educator Certification (SBEC) proposes an amendment to §232.11, concerning certificate renewal and continuing professional education (CPE) requirements. The proposed amendment would implement changes resulting from the 85th Texas Legislature, Regular Session, 2017, which include adding new CPE topics for all educators. The proposed amendment would also add minimum requirements for several CPE topics for individuals holding standard classroom teacher, principal, and school counselor certificates.

19 TAC Chapter 232, General Certification Provisions, establishes the renewal requirements relating to types and classes of certificates issued, CPE hours to be completed, and the national criminal history record information review. Classroom teachers are required to participate in 150 hours of CPE activities every five years to maintain their standard certificates. Principals, school counselors, and other non-teacher educators are required to participate in 200 hours of CPE activities every five years to maintain their standard certificates. Educators are required to maintain evidence of their CPE activities. When an educator applies to renew his or her certificate, he or she must verify through an affidavit whether he or she is in compliance with renewal requirements, including CPE activities. When an educator is selected for a CPE audit, the educator must provide Texas Education Agency (TEA) staff with documentation that supports certificate renewal.

The proposed amendment to 19 TAC §232.11 would add several CPE topics for classroom teachers and principals and add minimum requirements for several CPE topics for classroom teachers, principals, and school counselors. The proposed changes are designed to fulfill the new statutory requirements and provide consistency across certification classes.

Proposed changes to subsection (c)(4) would add several required CPE topics for individuals who hold a standard classroom teacher certificate. These topics were added by the TEC, §21.054, as amended by SB 1839 and SB 7, 85th Texas Legislature, Regular Session, 2017. SB 1839 requires an individual who holds a standard classroom teacher certificate to participate in CPE activities regarding digital learning, digital teaching, and integrating technology into classroom instruction. SB 7 requires an individual who holds a standard classroom teacher certificate to participate in CPE activities regarding understanding appropriate relationships, boundaries, and communications between educators and students. Additional changes to subsection (c)(4) would require an individual who holds a standard classroom teacher certificate that is renewed on or after June 1, 2019, to complete CPE activities every five years that are directly related to each of the CPE topics included in this subsection. These topics include: collecting and analyzing information that will improve effectiveness in the classroom; recognizing early warning indicators that a student may be at risk of dropping out of school; digital learning, digital teaching, and integrating technology into classroom instruction; educating students with disabilities, including mental health disorders; educating students who are educationally disadvantaged; educating English language learners; educating students at risk of dropping out of school; and understanding appropriate relationships, boundaries, and communications between educators and students.

This change in renewal requirements is a result of the clear legislative intent of SB 7 to require training on understanding appropriate relationships, boundaries, and communications between educators and students. The remaining topics were first added to statute under HB 642, 83rd Texas Legislature, Regular Session, 2013. While the legislative intent for these topics was less clear in HB 642, requiring training in each of the topics in subsection (c)(4) would provide a consistent implementation of the statutory requirements. The implementation date of June 1, 2019, would give educators one year from the effective date of the proposed amendment to participate in the required CPE activities. The current requirement that prohibits an individual who holds a standard classroom teacher certificate from applying more than 37.5 hours of CPE activities (25% of 150 hours) in the topics listed in subsection (c)(4)(A)-(H) toward certification renewal requirements is not changed by this proposed amendment.

Proposed changes to subsection (c)(5) would add several required CPE topics for individuals who hold a standard principal certificate. These topics were added by the TEC, §21.054, as amended by SB 1839 and SB 7, 85th Texas Legislature, Regular Session, 2017. SB 1839 requires an individual who holds a standard principal certificate to participate in CPE activities regarding digital learning, digital teaching, and integrating technology into campus curriculum and instruction. SB 7 requires an individual who holds a standard principal certificate to participate in CPE activities regarding preventing, recognizing, and reporting sexual conduct between an educator and student. With the implementation of SB 7, both principals and superintendents are subject to sanctions for failure to report inappropriate educator student relationships. Mandating this education, consistent with SB 7, will ensure that each principal is aware of the reporting requirement and is prepared to protect students and avoid sanctions. Additional changes to subsection (c)(5) would require an individual who holds a standard principal certificate that is renewed on or after June 1, 2019, to complete CPE activities every five years that are directly related to each of the CPE topics included in subsection (c)(5)(A)-(J). These topics include: collecting and analyzing information; making decisions and managing time; supervising student discipline and managing behavior; recognizing early warning indicators that a student may be at risk of dropping out of school; digital learning, digital teaching, and integrating technology into campus curriculum and instruction; educating students with disabilities, including mental health disorders; educating students who are educationally disadvantaged; educating English language learners; educating students at risk of dropping out of school; and preventing, recognizing, and reporting any sexual conduct between an educator and student.

This change in renewal requirements is a result of the clear legislative intent of SB 7 to require training on preventing, recognizing, and reporting any sexual conduct between an educator and student. The remaining topics were first added to statute under HB 642, 83rd Texas Legislature, Regular Session, 2013. While the legislative intent for these topics was less clear in HB 642, requiring training in each of the topics in subsection (c)(5) would provide a consistent implementation of the statutory requirements. The implementation date of June 1, 2019, would give educators one year from the effective date of the proposed amendment to participate in the required CPE activities. The current requirement that prohibits an individual who holds a standard principal certificate from applying more than 50 hours of CPE activities (25% of 200 hours) in the topics listed in subsection (c)(5)(A)-(J) toward certification renewal requirements is not changed by this proposed amendment.

Proposed changes to subsection (c)(6) would require an individual who holds a standard school counselor certificate that is renewed on or after June 1, 2019, to complete CPE activities every five years that are directly related to the each of the CPE topics included in subsection (c)(6)(A)-(D). These topics include: assisting students in developing high school graduation plans; implementing dropout prevention strategies; informing students concerning college admissions, including college financial aid resources and application procedures; and informing students concerning career opportunities.

While there were no recent legislative changes that required an amendment to subsection (c)(6), this amendment is being proposed so that there is consistency between the classroom teacher, principal, and school counselor certificate renewal rules. The implementation date of June 1, 2019, would give educators one year from the effective date of the proposed amendment to participate in the required CPE activities. The current requirement that prohibits an individual who holds a standard school counselor certificate from applying more than 50 hours of CPE activities (25% of 200 hours) in the topics listed in subsection (c)(6)(A)-(D) toward certification renewal requirements is not changed by this proposed amendment.

Proposed new subsection (j) would include CPE requirements for classroom teachers and principals that were added by the TEC, §21.054, as amended by SB 179, 85th Texas Legislature, Regular Session, 2017. This new subsection would allow CPE requirements for classroom teachers and principals to include instruction regarding how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma.

Proposed new subsection (k)(1) would include CPE requirements for all certificate classes that were added by the TEC, §21.0543, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. This new subsection would allow an educator to receive credit toward CPE requirements for completion of education courses that use technology to increase the educator's digital literacy.

Proposed new subsection (k)(2) would include CPE requirements for all certificate classes that were added by the TEC, §21.0543, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017. This new subsection would allow an educator to receive credit toward CPE requirements for completion of education courses that assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices.

The proposed amendment to 19 TAC §232.11 would also include technical edits to conform with Texas Register style and formatting requirements.

The proposed amendment would have no additional procedural and reporting implications. The proposed amendment would have no additional locally maintained paperwork requirements.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the amendment is in effect, there will be no additional fiscal implications for state and local governments and there are no additional costs to entities required to comply with the proposed amendment. While the proposed amendment would create minimum requirements for several CPE topics for individuals holding standard classroom teacher, principal, and school counselor certificates, many of the CPE activity options are provided at no or low cost. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed amendment does not impose a cost on regulated persons, another state agency, a special district, or local government and, therefore, is not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Franklin has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment would be clarified certificate renewal requirements relating to the content of the required CPE hours. The proposed amendment will ensure that each teacher and principal receives education in preventing inappropriate educator student relationships and other critical areas. This benefits the educator by helping the educator create proper boundaries and avoid complaints or discipline. The proposed amendment benefits students by helping ensure that teachers do not engage students in inappropriate relationships. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. 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.

GOVERNMENT GROWTH IMPACT: The TEA staff has determined that the proposed amendment does have a government growth impact pursuant to Texas Government Code, §2001.0221.

The proposed amendment in 19 TAC §232.11(c)(4), (5), and (6) would expand existing regulation to require individuals who hold standard classroom teacher, principal, and/or school counselor certificates to complete CPE activities in certain topics. The expansion of the existing regulation is a result of a consistent interpretation of changes to the TEC, §21.054, as amended by SB 1839 and SB 7, 85th Texas Legislature, Regular Session, 2017, and HB 642, 83rd Texas Legislature, Regular Session, 2013.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins January 5, 2018, and ends February 5, 2018. The SBEC will take registered oral and written comments on the proposed amendment at the March 2, 2018 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposed amendment submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Mr. Ryan Franklin, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on January 5, 2018.

STATUTORY AUTHORITY. The amendment is proposed under the Texas Education Code (TEC), §21.003(a), which 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, §21.0031(f), which clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1), which 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)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; TEC, §21.0543, as added by SB 1839, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to propose rules that provide for CPE credit related to digital technology instruction; and TEC, §21.054, as amended by SB 7, SB 179, and SB 1839, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements.

CROSS REFERENCE TO STATUTE. The amendment implements the Texas Education Code, (TEC), §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1), (4), and (9); 21.0543, as added by Senate Bill (SB) 1839, 85th Texas Legislature, Regular Session, 2017; and 21.054, as amended by SB 7, SB 179, and SB 1839, 85th Texas Legislature, Regular Session, 2017.

§232.11.Number and Content of Required Continuing Professional Education Hours.

(a) The appropriate number of clock-hours of continuing professional education (CPE), as specified in §232.13 of this title (relating to Number of Required Continuing Professional Education Hours by Classes of Certificates), must be completed during each five-year renewal period.

(b) One semester credit hour earned at an accredited institution of higher education is equivalent to 15 CPE clock-hours.

(c) At least 80% of the CPE activities shall be directly related to the certificate(s) being renewed and focus on the standards required for the initial issuance of the certificate(s), including:

(1) content area knowledge and skills;

(2) professional ethics and standards of conduct;

(3) professional development, which should encompass topics such as the following:

(A) district and campus priorities and objectives;

(B) child development, including research on how children learn;

(C) classroom management;

(D) applicable federal and state laws;

(E) diversity and special needs of student populations;

(F) increasing and maintaining parental involvement;

(G) integration of technology into educational practices;

(H) ensuring that students read on or above grade level;

(I) diagnosing and removing obstacles to student achievement; and

(J) instructional practices.

(4) An individual who holds a classroom teacher certificate that is renewed on or after June 1, 2019, must complete CPE activities directly related to each of the topics in subparagraphs (A)-(H) of this paragraph. Not more than 25% of the CPE activities for an individual who holds a classroom teacher certificate shall include instruction in the following topics [regarding]:

(A) collecting and analyzing information that will improve effectiveness in the classroom;

(B) recognizing early warning indicators that a student may be at risk of dropping out of school;

(C) digital learning, digital teaching, and integrating technology into classroom instruction; [and]

(D) educating students with disabilities, including mental health disorders; [diverse student populations, including:]

[(i) students with disabilities, including mental health disorders;]

[(ii) students who are educationally disadvantaged;]

[(iii) students of limited English proficiency; and]

[(iv) students at risk of dropping out of school.]

(E) educating students who are educationally disadvantaged;

(F) educating English language learners;

(G) educating students at risk of dropping out of school; and

(H) understanding appropriate relationships, boundaries, and communications between educators and students.

(5) An individual who holds a principal certificate that is renewed on or after June 1, 2019, must complete CPE activities directly related to each of the topics listed in subparagraphs (A)-(J) of this paragraph. Not more than 25% of the CPE activities for an individual who holds a principal certificate shall include instruction in the following topics [regarding]:

(A) collecting and analyzing information; [effective and efficient management, including:]

[(i) collecting and analyzing information;]

[(ii) making decisions and managing time; and]

[(iii) supervising student discipline and managing behavior;]

(B) making decisions and managing time;

(C) supervising student discipline and managing behavior;

(D) [(B)] recognizing early warning indicators that a student may be at risk of dropping out of school;

(E) [(C)] digital learning, digital teaching, and integrating technology into campus curriculum and instruction; [and]

(F) [(D)] educating students with disabilities, including mental health disorders; [diverse student populations, including:]

[(i) students with disabilities, including mental health disorders;]

[(ii) students who are educationally disadvantaged;]

[(iii) students of limited English proficiency; and]

[(iv) students at risk of dropping out of school.]

(G) educating students who are educationally disadvantaged;

(H) educating English language learners;

(I) educating students at risk of dropping out of school; and

(J) preventing, recognizing, and reporting any sexual conduct between an educator and student that is prohibited under the Texas Penal Code, §21.12, or for which reporting is required under the Texas Education Code (TEC), §21.006.

(6) An individual who holds a school counselor certificate that is renewed on or after June 1, 2019, must complete CPE activities directly related to each of the topics listed in subparagraphs (A)-(D) of this paragraph. Not more than 25% of the CPE activities for an individual who holds a school counselor certificate shall include instruction in the following topics [regarding]:

(A) assisting students in developing high school graduation plans;

(B) implementing dropout prevention strategies; [and]

(C) informing students concerning college admissions, including college financial aid resources and application procedures; and[:]

[(i) college admissions, including college financial aid resources and application procedures; and]

[(ii) career opportunities.]

(D) informing students concerning career opportunities.

(d) Educators are encouraged to identify CPE activities based on results of his or her annual appraisal required under the TEC [Texas Education Code], Chapter 21, Subchapter H.

(e) The required CPE for educators who teach students with dyslexia must include training regarding new research and practices in educating students with dyslexia. The required training may be satisfied through an online course approved by Texas Education Agency staff.

(f) An educator eligible to renew multiple classes of certificates issued during the same renewal period may satisfy the requirements specified in §232.13 of this title for any class of certificate issued for less than the full five-year period by completing a prorated number of the required CPE clock-hours. Educators must complete a minimum of one-fifth of the additional CPE clock-hours for each full calendar year that the additional class of certificate is valid.

(g) An educator may fulfill up to 12 clock-hours of required CPE activities by participating in a mental health first aid training program offered by a local mental health authority under the Texas Health and Safety Code, §1001.203. The number of clock-hours of CPE an educator may fulfill under this subsection may not exceed the number of clock-hours the educator actually spends participating in a mental health first aid training program.

(h) An educator may receive credit toward CPE requirements for completion of an instructional course on the use of an automated external defibrillator (AED) that meets the guidelines for AED training approved under Texas Health and Safety Code, §779.002, in accordance with the TEC [Texas Education Code (TEC)], §21.0541.

(i) An educator may receive credit toward CPE requirements for completion of suicide prevention training that meets the guidelines for suicide prevention training approved under the TEC, §21.451.

(j) Continuing education requirements for a classroom teacher and principal may include instruction regarding how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma.

(k) An educator may receive credit toward CPE requirements for completion of education courses that:

(1) use technology to increase the educator's digital literacy; and

(2) assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 21, 2017.

TRD-201705349

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: February 4, 2018

For further information, please call: (512) 475-1497


CHAPTER 235. CLASSROOM CERTIFICATION STANDARDS

SUBCHAPTER B. ELEMENTARY SCHOOL CERTIFICATE STANDARDS

The State Board for Educator Certification (SBEC) proposes new §§235.13, 235.15, 235.21, and 235.25, concerning elementary school certificate standards. The proposed new sections would implement recent legislation from the 85th Texas Legislative Session, 2017, specify the educator standards required for the Early Childhood: Prekindergarten-Grade 3 certification as well as the pedagogy and professional responsibilities (PPR) educator standards required for the Early Childhood-Grade 6 certification. The proposed new chapter reflects feedback provided by the SBEC-appointed Classroom Teacher Standards Advisory Committee for the Early Childhood: Prekindergarten-Grade 3 and Early Childhood-Grade 6 PPR standards.

The SBEC is statutorily authorized to regulate and oversee all aspects of the certification of public school educators. SBEC is also statutorily authorized to ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse population of this state.

At the March and June 2017 SBEC meetings, the Board and Texas Education Agency (TEA) staff discussed the desire to establish the educator standards for the classroom teacher into rule and to provide Early Childhood: Prekindergarten-Grade 3 Content Standards and Early Childhood: Prekindergarten-Grade 3 Science of Teaching Reading Standards for elementary teachers that are aligned with the Texas Essential Knowledge and Skills (TEKS) and the Texas Prekindergarten Guidelines and reflect best practices to better prepare beginning teachers of early learners. At the June 9, 2017 SBEC meeting, the Board approved the Classroom Teacher Standards Advisory Committee to begin the work of recommending Early Childhood: Prekindergarten-Grade 3 Content Standards and the Early Childhood: Prekindergarten-Grade 3 Science of Teaching Reading Standards for teachers of early learners.

At the August 4, 2017 SBEC meeting, TEA staff updated the SBEC on the activities completed by the advisory committee for the Early Childhood: Prekindergarten-Grade 3 Content Standards and Early Childhood: Prekindergarten-Grade 3 Science of Teaching Reading Standards. TEA staff also updated the Board on recent legislation requiring the Early Childhood: Prekindergarten-Grade 3 certificate.

The Early Childhood: Prekindergarten-Grade 3 Content Standards would focus specifically on the grade bands that serve students up to the age of eight, which defines the classification "early childhood." In developing the Early Childhood: Prekindergarten-Grade 3 Content Standards, the goal is to place greater emphasis on the developmentally appropriate content knowledge and skills that are most critical for early childhood practitioners entering the field. This goal is rooted in the theory that by narrowing the grade bands for more rigorous, relevant, and reliable content, the preparation and support of Early Childhood-Grade 3 (EC-3) candidates will improve, thereby producing more effective educators that can improve student outcomes. The Classroom Teacher Standards Advisory Committee utilized the TEKS for Kindergarten-Grade 5, the Texas Prekindergarten Guidelines, and the National Association for the Education of Young Children (NAEYC) Standards for Early Childhood Professional Preparation in the development of these standards.

The Early Childhood: Prekindergarten-Grade 3 Science of Teaching Reading Standards would focus on the understanding that reading is an essential skill for every student's future academic success, which requires effective instruction from the students' earliest years. The science of teaching reading is comprised of complex knowledge and skills. Educators are not currently required to demonstrate a deep understanding of the science of teaching reading as a bar for entry into the EC-3 classroom. This is due to the breadth of content that must be covered in the current certification pathway. Therefore, the Classroom Teacher Standards Advisory Committee targeted standards within the current English Language Arts and Reading (ELAR) Core Subjects standards specifically focused on early reading development, allowing for the development of a wider breadth and depth of standards specifically addressing the science of teaching reading, while also ensuring that the standards are focused, rigorous, and relevant. The goal would be to establish a clear message that all educators must have a clear understanding of the knowledge and skills associated with the science of teaching reading as a bar for entry into the classroom, regardless of an educator's assigned content area, ultimately impacting educator preparation and performance, and, thus, improving student outcomes. The Classroom Teacher Standards Advisory Committee utilized the TEKS for Kindergarten-Grade 5 and the Prekindergarten Guidelines in the development of these standards.

Upon completion of drafting the standards to be included for an Early Childhood: Prekindergarten-Grade 3 certificate, TEA staff identified an opportunity to strengthen the existing Early Childhood-Grade 6 (EC-6) certificate by applying the same methodology and advice provided to grade-band the existing Early Childhood-Grade 12 (EC-12) PPR by prioritizing standards for an EC-6 PPR. This will allow the EC-6 certified individuals to have the same grade-band focused PPR as the EC-3, 4-8, and 7-12 educators. At the October SBEC meeting, the SBEC agreed with this approach and directed TEA staff to provide proposed draft rule text for the EC-6 PPR standards along with the standards included for an Early Childhood: Prekindergarten-Grade 3 certificate.

Subchapter B. Elementary School Certificate Standards

Chapter 235, Subchapter B, incorporates all elementary school classroom teacher certificate standards under one subchapter.

Division 1. Early Childhood: Prekindergarten-Grade 3

Chapter 235, Subchapter B, Division 1, Early Childhood: Prekindergarten-Grade 3, complies with TEC, §21.0489, as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017. In addition to the rule for the PPR educator standards required of candidates seeking the EC-3 classroom teacher certificate, the proposed new rules would specify the content and science of teaching reading educator standards required of candidates seeking the EC-3 classroom teacher certificate. The rules adopted under Division 1 would apply to candidates admitted to an educator preparation program (EPP) on or after September 1, 2018.

§235.13. Content Standards, Early Childhood: Prekindergarten-Grade 3

Proposed new subsection (a) would clarify the content standards for EC-3 classroom teachers of early learners, including the Prekindergarten Guidelines and Kindergarten-Grade 5 TEKS, with an emphasis on Kindergarten-Grade 3 TEKS. Content standards span Kindergarten-Grade 5 TEKS to ensure classroom teachers can meet the needs of all early learners and vertically align instruction.

Proposed new subsection (b) would specify the standards needed in regards to a teacher's content knowledge and expertise in child development. Proposed new subsection (c) would specify the standards needed in regards to a teacher's content knowledge in English language arts and reading. Proposed new subsection (d) would specify the standards needed in regards to a teacher's content knowledge in mathematics. Proposed new subsection (e) would specify the standards needed in regards to a teacher's content knowledge in science. Proposed new subsection (f) would specify the standards needed in regards to a teacher's content knowledge in social studies. Proposed new subsection (g) would specify the standards needed in regards to a teacher's content knowledge in fine arts. Proposed new subsection (h) would specify the standards needed in regards to a teacher's content knowledge in health education. Proposed new subsection (i) would specify the standards needed in regards to a teacher's content knowledge in physical education.

§235.15. Science of Teaching Reading Standards, Early Childhood: Prekindergarten-Grade 3

Proposed new subsection (a) would clarify the Science of Teaching Reading Standards for EC-Grade 3 classroom teachers of early learners focused on the instruction of early reading, including the Prekindergarten Guidelines and Kindergarten-Grade 5 English Language Arts and Reading TEKS, with an emphasis on Kindergarten-Grade 3 TEKS. Proposed new subsection (b) would specify the standards needed in regards to a teacher's content knowledge and expertise in the components of reading. Proposed new subsection (c) would specify the standards needed in regards to a teacher's ability to plan and delivery early reading instruction.

Division 2. Early Childhood-Grade 6

Proposed new 19 TAC Chapter 235, Subchapter B, Division 2, Early Childhood-Grade 6, would specify the PPR educator standards required of candidates seeking the EC-6 classroom teacher certificate.

§235.21. Pedagogy and Professional Responsibilities Standards Early Childhood-Grade 6

Proposed new subsection (a) would clarify the PPR standards for EC-6 for classroom teachers of early learners and are aligned with classroom teaching expectations as outlined in 19 TAC Chapter 149, Commissioner's Rules Concerning Educator Standards. Proposed new subsection (b) would specify the standards needed in regards to a teacher's ability to plan and deliver instruction. Proposed new subsection (c) would specify the standards needed in regards to a teacher's ability to ensure high levels of learning, social-emotional development, and achievement outcomes for all students, taking into consideration each student's educational and developmental backgrounds and focusing on each student's needs. Proposed new subsection (d) would specify the standards needed in regards to a teacher's content knowledge and expertise. Proposed new subsection (e) would specify the standards needed in regards to a teacher's ability to manage a safe and supportive learning environment. Proposed new subsection (f) would specify the standards needed in regards to a teacher's ability to apply data-driven practices. Proposed new subsection (g) would specify the standards needed in regards to a teacher's ability to abide by educator professional practices and responsibilities.

§235.25. Implementation Date, Early Childhood-Grade 6

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

The proposed new sections would have no additional procedural and reporting implications. The proposed new sections would have no additional locally maintained paperwork requirements.

FISCAL NOTE. Ryan Franklin, associate commissioner for educator leadership and quality, has determined that for the first five-year period the new sections are in effect, there will be no additional fiscal implications for state or local government and no additional costs to entities as a result of enforcing or administering the new sections. There is no effect on local economy for the first five years that the proposed new sections are in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The proposed new sections do not impose a cost on regulated persons, another state agency, a special district, or local government and, therefore, are not subject to Texas Government Code, §2001.0045.

PUBLIC BENEFIT/COST NOTE. Mr. Franklin has determined that for each year of the first five years the new sections are in effect the public benefit anticipated as a result of enforcing the new sections would be more rigorous, relevant, and reliable requirements for the preparation, certification, and testing of elementary classroom teachers upon entry into the profession and retention of these qualified professionals. There is no anticipated economic cost to persons who are required to comply with the proposed new sections.

ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL BUSINESSES, MICROBUSINESSES, AND RURAL COMMUNITIES. 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.

GOVERNMENT GROWTH IMPACT: The TEA staff has determined that the proposed new sections do not have a government growth impact pursuant to Texas Government Code, §2001.0221.

REQUEST FOR PUBLIC COMMENT. The public comment period on the proposal begins January 5, 2018, and ends February 5, 2018. The SBEC will take registered oral and written comments on the proposed new sections at the March 2, 2018 meeting in accordance with the SBEC board operating policies and procedures. All requests for a public hearing on the proposed new sections submitted under the Administrative Procedure Act must be received by the Department of Educator Leadership and Quality, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Mr. Ryan Franklin, associate commissioner for educator leadership and quality, not more than 14 calendar days after notice of the proposal has been published in the Texas Register on January 5, 2018.

DIVISION 1. EARLY CHILDHOOD: PREKINDERGARTEN-GRADE 3

19 TAC §235.13, §235.15

STATUTORY AUTHORITY. The new sections are proposed under the Texas Education Code (TEC), §21.003(a), which 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, which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators to ensure that all candidates for certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.040(4), which states that the SBEC shall, for each class of educator certificate, appoint an advisory committee composed of members of that class to recommend standards for that class to the board; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B. TEC, §21.041(b)(2) and (4), require the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates, and the requirements for the issuance and renewal of an educator certificate; TEC, §21.0489, as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to create a Prekindergarten-Grade 3 certificate.

CROSS REFERENCE TO STATUTE. The new sections implement the Texas Education Code (TEC), §§21.003(a); 21.031; 21.040(4); 21.041(b)(1), (2), and (4); and 21.0489, as added by Senate Bill (SB) 1839 and House Bill (HB) 2039, 85th Texas Legislature, Regular Session, 2017.

§235.13.Content Standards, Early Childhood: Prekindergarten-Grade 3.

(a) Early Childhood: Prekindergarten-Grade 3 Content Standards. The content standards identified in this section are targeted for classroom teachers of early learners (birth through age eight). The standards address the discipline that deals with the content knowledge required to teach early learners. The standards address content knowledge in Prekindergarten-Grade 5, with an emphasis on Prekindergarten-Grade 3, in order to meet the needs of all learners and address vertical alignment. The standards align with the Texas Prekindergarten Guidelines, Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading), Chapter 111 of this title (relating to Texas Essential Knowledge and Skills for Mathematics), Chapter 112 of this title (relating to Texas Essential Knowledge and Skills for Science), Chapter 113 of this title (relating to Texas Essential Knowledge and Skills for Social Studies), Chapter 115 of this title (relating to Texas Essential Knowledge and Skills for Health Education), Chapter 116 of this title (relating to Texas Essential Knowledge and Skills for Physical Education), Chapter 117 of this title (relating to Texas Essential Knowledge and Skills for Fine Arts), and The National Association for the Education of Young Children Professional Preparation Standards.

(b) Child Development. The Early Childhood: Prekindergarten-Grade 3 classroom teachers use their understanding of young children's characteristics and needs, and of multiple interacting influences on children's development and learning, to create environments that are healthy, respectful, supportive, and challenging for each child. Early Childhood: Prekindergarten-Grade 3 classroom teachers must:

(1) know and understand young children's characteristics and needs, from birth through age 8;

(2) know and understand the multiple influences on early development and learning; and

(3) use developmental knowledge to create healthy, respectful, supportive, and challenging learning environments for young children.

(c) English Language Arts and Reading. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 English Language Arts and Reading Texas Essential Knowledge and Skills (TEKS), with an emphasis on Kindergarten-Grade 3, and Emergent Early Literacy Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.

(d) Mathematics. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Mathematics TEKS, with an emphasis on Kindergarten-Grade 3, and Mathematics Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.

(e) Science. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Science TEKS, with an emphasis on Kindergarten-Grade 3, and Science Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.

(f) Social Studies. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Social Studies TEKS, with an emphasis on Kindergarten-Grade 3, and Social Studies Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.

(g) Fine Arts, including Theatre, Art, and Music. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Theatre, Art, and Music TEKS, with an emphasis on Kindergarten-Grade 3, and Fine Arts Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.

(h) Health Education. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Health Education TEKS, with an emphasis on Kindergarten-Grade 3, and Physical Development Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.

(i) Physical Education. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Physical Education TEKS, with an emphasis on Kindergarten-Grade 3, and Physical Development Texas Prekindergarten Guidelines and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade-level skills.

§235.15.Science of Teaching Reading Standards, Early Childhood: Prekindergarten-Grade 3.

(a) Early Childhood: Prekindergarten-Grade 3 Science of Teaching Reading (STR) standards. The STR standards identified in this section are targeted for classroom teachers of early learners (birth through age eight). The standards address the discipline that deals with the theory and practice of teaching early reading. The standards inform proper teaching techniques, strategies, teacher actions, teacher judgements, and decisions by taking into consideration theories of learning, understandings of students and their needs, and the backgrounds and interests of individual students. The standards are also aligned with the Texas Prekindergarten Guidelines and Chapter 110 of this title (relating to Texas Essential Knowledge and Skills for English Language Arts and Reading). The standards address early reading content knowledge in Prekindergarten-Grade 5, with an emphasis on Prekindergarten-Grade 3, in order to meet the needs of all learners and address vertical alignment.

(b) Reading Development. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of Kindergarten-Grade 5 Texas Essential Knowledge and Skills (TEKS) and Texas Prekindergarten Guidelines pertaining to reading and apply knowledge of developmentally appropriate, research- and evidence-based assessment and instructional practices to promote students' development of grade level skills within the following components of reading:

(1) oral language development;

(2) print awareness;

(3) phonological and phonemic awareness;

(4) phonics;

(5) fluency;

(6) vocabulary development;

(7) comprehension of literary text;

(8) comprehension of informational text; and

(9) beginning strategies and reading comprehension skills.

(c) Reading Pedagogy. The Early Childhood: Prekindergarten-Grade 3 classroom teachers demonstrate understanding of the principles of reading instruction and assessment and use a range of instructional strategies and assessment methods to promote students' development of foundational reading skills, including:

(1) implementing both formal and informal methods of measuring student progress in early reading development;

(2) designing and executing developmentally appropriate, standards-driven instruction that reflect evidence-based best practices; and

(3) acquiring, analyzing, and using background information (familial, cultural, educational, linguistic, and developmental characteristics) to engage all students in reading, including students with exceptional needs and English language learners.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 21, 2017.

TRD-201705350

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: February 4, 2018

For further information, please call: (512) 475-1497


DIVISION 2. EARLY CHILDHOOD-GRADE 6

19 TAC §235.21, §235.25

STATUTORY AUTHORITY. The new sections are proposed under the Texas Education Code (TEC), §21.003(a), which 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, which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators to ensure that all candidates for certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.040(4), which states that the SBEC shall, for each class of educator certificate, appoint an advisory committee composed of members of that class to recommend standards for that class to the board; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B. TEC, §21.041(b)(2) and (4), require the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates, and the requirements for the issuance and renewal of an educator certificate; TEC, §21.0489, as added by SB 1839 and HB 2039, 85th Texas Legislature, Regular Session, 2017, which requires the SBEC to create a Prekindergarten-Grade 3 certificate.

CROSS REFERENCE TO STATUTE. The new sections implement the Texas Education Code (TEC), §§21.003(a); 21.031; 21.040(4); 21.041(b)(1), (2), and (4); and 21.0489, as added by Senate Bill (SB) 1839 and House Bill (HB) 2039, 85th Texas Legislature, Regular Session, 2017.

§235.21.Pedagogy and Professional Responsibilities Standards, Early Childhood-Grade 6.

(a) Early Childhood-Grade 6 pedagogy and professional responsibilities (PPR) standards. The PPR standards identified in this section are targeted for classroom teachers of students in Early Childhood-Grade 6. The standards address the discipline that deals with the theory and practice of teaching to inform skill-based training and development. The standards inform proper teaching techniques, strategies, teacher actions, teacher judgements, and decisions by taking into consideration theories of learning, understandings of students and their needs, and the backgrounds and interests of individual students. The standards are also aligned with the Commissioner's Teacher Standards in 19 TAC Chapter 149 of this title (relating to Commissioner's Rules Concerning Educator Standards).

(b) Instructional Planning and Delivery. Early Childhood-Grade 6 classroom teachers demonstrate understanding of instructional planning and delivery by providing standards-based, data-driven, differentiated instruction that engages students and makes learning relevant for today's learners. Early Childhood-Grade 6 classroom teachers must:

(1) develop lessons that build coherently toward objectives based on course content, curriculum scope and sequence, and expected student outcomes;

(2) effectively communicate goals, expectations, and objectives to help all students reach high levels of achievement;

(3) connect students' prior understanding and real-world experiences to new content and contexts, maximizing learning opportunities;

(4) plan instruction that is developmentally appropriate, is standards driven, and motivates students to learn;

(5) use a range of instructional strategies, appropriate to the content area, to make subject matter accessible to all students;

(6) differentiate instruction, aligning methods and techniques to diverse student needs, including acceleration, remediation, and implementation of individual education plans;

(7) plan student groupings, including pairings and individualized and small-group instruction, to facilitate student learning;

(8) integrate the use of oral, written, graphic, kinesthetic, and/or tactile methods to teach key concepts;

(9) ensure that the learning environment features a high degree of student engagement by facilitating discussion and student-centered activities as well as leading direct instruction;

(10) encourage all students to overcome obstacles and remain persistent in the face of challenges, providing them with support in achieving their goals;

(11) set high expectations and create challenging learning experiences for students, encouraging them to apply disciplinary and cross-disciplinary knowledge to real-world problems;

(12) provide opportunities for students to engage in individual and collaborative critical thinking and problem solving;

(13) monitor and assess students' progress to ensure that their lessons meet students' needs;

(14) provide immediate feedback to students in order to reinforce their learning and ensure that they understand key concepts; and

(15) adjust content delivery in response to student progress through the use of developmentally appropriate strategies that maximize student engagement.

(c) Knowledge of Student and Student Learning. Early Childhood-Grade 6 classroom teachers work to ensure high levels of learning, social-emotional development, and achievement outcomes for all students, taking into consideration each student's educational and developmental backgrounds and focusing on each student's needs. Early Childhood-Grade 6 classroom teachers must:

(1) create a community of learners in an inclusive environment that views differences in learning and background as educational assets;

(2) connect learning, content, and expectations to students' prior knowledge, life experiences, and interests in meaningful contexts;

(3) understand the unique qualities of students with exceptional needs, including disabilities and giftedness, and know how to effectively address these needs through instructional strategies and resources;

(4) understand the role of language and culture in learning and know how to modify their practice to support language acquisition so that language is comprehensible and instruction is fully accessible;

(5) understand how learning occurs and how learners develop, construct meaning, and acquire knowledge and skills; and

(6) identify readiness for learning and understand how development in one area may affect students' performance in other areas.

(d) Content Knowledge and Expertise. Early Childhood-Grade 6 classroom teachers exhibit an understanding of content, discipline, and related pedagogy as demonstrated through the quality of the design and execution of lessons and the ability to match objectives and activities to relevant state standards. Early Childhood-Grade 6 classroom teachers must:

(1) have expertise in how their content vertically and horizontally aligns with the grade-level/subject area continuum, leading to an integrated curriculum across grade levels and content areas;

(2) identify gaps in students' knowledge of subject matter and communicate with their leaders and colleagues to ensure that these gaps are adequately addressed across grade levels and subject areas;

(3) keep current with developments, new content, new approaches, and changing methods of instructional delivery within their discipline;

(4) organize curriculum to facilitate student understanding of the subject matter;

(5) understand, actively anticipate, and adapt instruction to address common misunderstandings and preconceptions;

(6) promote literacy and the academic language within the discipline and make discipline-specific language accessible to all learners;

(7) teach both the key content knowledge and the key skills of the discipline; and

(8) make appropriate and authentic connections across disciplines, subjects, and students' real world experiences.

(e) Learning Environment. Early Childhood-Grade 6 classroom teachers interact with students in respectful ways at all times, maintaining a physically and emotionally safe, supportive learning environment that is characterized by efficient and effective routines, clear expectations for student behavior, and organization that maximizes student learning. Early Childhood-Grade 6 classroom teachers must:

(1) embrace students' backgrounds and experiences as an asset in their learning;

(2) maintain and facilitate respectful, supportive, positive, and productive interactions with and among students;

(3) establish and sustain learning environments that are developmentally appropriate and respond to students' needs, strengths, and personal experiences;

(4) create a physical classroom set-up that is flexible and accommodates the different learning needs of students;

(5) implement behavior management systems to maintain an environment where all students can learn effectively;

(6) maintain a culture that is based on high expectations for student performance and encourages students to be self-motivated, taking responsibility for their own learning;

(7) maximize instructional time, including managing transitions;

(8) manage and facilitate groupings in order to maximize student collaboration, participation, and achievement; and

(9) communicate regularly, clearly, and appropriately with parents and families about student progress, providing detailed and constructive feedback and partnering with families in furthering their students' achievement goals.

(f) Data-Driven Practices. Early Childhood-Grade 6 classroom teachers use formal and informal methods to assess student growth aligned to instructional goals and course objectives and regularly review and analyze multiple sources of data to measure student progress and adjust instructional strategies and content delivery as needed. Early Childhood-Grade 6 classroom teachers must:

(1) gauge student progress and ensure mastery of content knowledge and skills by providing assessments aligned to instructional objectives and outcomes that are accurate measures of student learning;

(2) analyze and review data in a timely, thorough, accurate, and appropriate manner, both individually and with colleagues, to monitor student learning; and

(3) design instruction, change strategies, and differentiate their teaching practices to improve student learning based on assessment outcomes.

(g) Professional Practices and Responsibilities. Early Childhood-Grade 6 classroom teachers consistently hold themselves to a high standard for individual development, collaborate with other educational professionals, communicate regularly with stakeholders, maintain professional relationships, comply with all campus and school district policies, and conduct themselves ethically and with integrity. Early Childhood-Grade 6 classroom teachers must:

(1) reflect on their own strengths and professional learning needs, using this information to develop action plans for improvement;

(2) seek out feedback from supervisor, coaches, and peers and take advantage of opportunities for job-embedded professional development;

(3) adhere to the educators' code of ethics in §247.2 of this title (relating to Code of Ethics and Standard Practices for Texas Educators), including following policies and procedures at their specific school placement(s);

(4) communicate consistently, clearly, and respectfully with all members of the campus community, administrators, and staff; and

(5) serve as advocates for their students, focusing attention on students' needs and concerns and maintaining thorough and accurate student records.

§235.25.Implementation Date, Early Childhood-Grade 6.

The provisions of this subchapter apply to an applicant who is admitted to an educator preparation program for the Classroom Teacher Certificate on or after September 1, 2018.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 21, 2017.

TRD-201705351

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: February 4, 2018

For further information, please call: (512) 475-1497