REVIEW OF AGENCY RULES

Adopted Rule Reviews

Texas Education Agency

Title 19, Part 2

The Texas Education Agency (TEA) adopts the review of 19 TAC Chapter 70, Technology-Based Instruction, Subchapter AA, Commissioner's Rules Concerning the Texas Virtual School Network (TxVSN), pursuant to the Texas Government Code, §2001.039. The TEA proposed the review of 19 TAC Chapter 70, Subchapter AA, in the March 10, 2017 issue of the Texas Register (42 TexReg 1155).

Relating to the review of 19 TAC Chapter 70, Subchapter AA, the TEA finds that the reasons for adopting Subchapter AA continue to exist and readopts the rules. The TEA received no comments related to the review of Subchapter AA. At a later date, the TEA may propose revisions to Subchapter AA to include any changes that may result from the 85th Texas Legislature, 2017.

This concludes the review of 19 TAC Chapter 70.

TRD-201702345

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Filed: June 15, 2017


State Board for Educator Certification

Title 19, Part 7

The State Board for Educator Certification (SBEC) adopts the review of Title 19, Texas Administrative Code (TAC), Chapter 231, Requirements for Public School Personnel Assignments, pursuant to the Texas Government Code, §2001.039. The rules being reviewed by the SBEC in 19 TAC Chapter 231 are organized under the following subchapters: Subchapter A, Criteria for Assignment of Public School Personnel; Subchapter B, Prekindergarten-Grade 6 Assignments; Subchapter C, Grades 6-8 Assignments; Subchapter D, Electives, Disciplinary Courses, Local Credit Courses, and Innovative Courses, Grades 6-12 Assignments; Subchapter E, Grades 9-12 Assignments, Subchapter F, Special Education-Related Services Personnel Assignments, Subchapter G, Paraprofessional Personnel, Administrators, and Other Instructional and Professional Support Assignments, and Subchapter H, Assignments for Teachers Certified Before 1966. The SBEC proposed the review of 19 TAC Chapter 231 in the March 31, 2017 issue of the Texas Register (42 TexReg 1801).

Relating to the review of 19 TAC Chapter 231 the SBEC finds that the reasons for the adoption of Subchapters A-H continue to exist and readopts the rules. The SBEC received comments related to the review of Chapter 231. Following is a summary of the public comments received and the corresponding responses.

Comment: Forty-one individuals commented on the importance of individuals being certified to serve in the role of teacher of the deaf-blind due to the specialized preparation necessary for the certification and the benefits of that certification in meeting the unique needs of the students being served. All commenters also stated that Chapter 231 should retain the former Teacher of the Deaf-Blind certificate as one of several credentials appropriate to teach special education. All commenters have also requested creation of a new Teacher of the Deaf-Blind certificate.

Board Response: The SBEC recognizes the important role of the teacher of the deaf-blind and acknowledges the commenters' recommendation of retaining the current reference in rule to the former Teacher of the Deaf-Blind certificate. The TEA staff will review the commenters' recommendations at a later time to develop proposed rule changes for review by the SBEC. The SBEC adopts the review of 19 TAC Chapter 231.

Comment: Twenty-three individuals commented on the importance of keeping the former Teachers of the Deaf-Blind certificate on the list of certificates appropriate to serve in the assignment of Special Education Teacher.

Board Response: The SBEC acknowledges the commenters' recommendation of retaining the current reference in rule to the Teacher of the Deaf-Blind certificate. The TEA staff will review the commenters' recommendations at a later time to develop proposed rule changes for review by the SBEC. The SBEC adopts the review of 19 TAC Chapter 231.

Comment: Five individuals commented on the need for additional clarification on the last rule revisions related to requirements to serve as a special education teacher. The commenters asked for more specificity related to assignments to teach life skills, resource, and inclusion. The commenters have also requested guidance on the use of HOUSSE (High Objective Uniform State Standard of Evaluation) as it relates to certification of elementary special education teachers versus secondary special education teachers and their respective requirements and eligibility for placement into various special education assignments.

Board Response: The SBEC acknowledges the commenters' recommendations for additional clarification in rule for special education assignments. The TEA staff will review the commenters' recommendations at a later time to develop proposed rule changes for review by the SBEC. The SBEC adopts the review of 19 TAC Chapter 231.

Comment: One individual commented on the assignment to teach Commercial Photography and the certificates currently defined in rule as being appropriate for placement into the assignment. The commenter requested that the SBEC add the Technology Applications certificate to the list of certificates appropriate to teach Commercial Photography.

Board Response: The SBEC acknowledges the commenters' recommendations to add the Technology Applications certificate to the list of certificates appropriate to teach Commercial Photography. The TEA staff will review the commenters' recommendations at a later time to develop proposed rule changes for review by the SBEC. The SBEC adopts the review of 19 TAC Chapter 231.

Comment: The director of the Outreach Program at the Texas School for the Blind and Visually Impaired commented in support of adopting the rule review and maintaining the reference to Teacher of Deaf-Blind students within the assignment chart for public school personnel assignments. The commenter shared plans to return to the SBEC at a later time to advocate for recognition of the Teacher of Deaf-Blind students as an important area of certification that deserves its own certification.

Board Response: The SBEC acknowledges the commenter's recommendations related to the important role of the Teacher of Deaf-Blind students and the unique set of knowledge and skills necessary to support this population of students. The TEA staff will review the commenter's recommendations at a later time to develop proposed rule changes for review by the SBEC. The SBEC adopts the review of 19 TAC Chapter 231.

Comment: An individual confirmed her agreement with retaining the reference to the Teacher of Deaf-Blind students within the assignment chart for public school personnel assignments. The commenter expressed support for having a unique certification for Teachers of Deaf-Blind students that would ensure the preparation of teachers that will be equipped with the training necessary to fully support a unique population of students.

Board Response: The SBEC acknowledges the commenter's recommendations related to the important role of the Teacher of Deaf-Blind students and the unique set of knowledge and skills necessary to support this population of students. The TEA staff will review the commenter's recommendations at a later time to develop proposed rule changes for review by the SBEC. The SBEC adopts the review of 19 TAC Chapter 231.

This concludes the review of 19 TAC Chapter 231.

TRD-201702374

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Filed: June 19, 2017


The State Board for Educator Certification (SBEC) adopts the review of Title 19, Texas Administrative Code (TAC), Chapter 245, Certification of Educators from Other Countries, pursuant to the Texas Government Code, §2001.039. The SBEC proposed the review of 19 TAC Chapter 245 in the March 31, 2017 issue of the Texas Register (42 TexReg 1801).

Relating to the review of 19 TAC Chapter 245 the SBEC finds that the reasons for the adoption continue to exist and readopts the rules. The SBEC received comments related to the review of Chapter 245. Following is a summary of the public comments received and the corresponding responses.

Comment: Eight individuals commented on the current requirement for individuals to pass only the Speaking section of the TOEFL iBT to demonstrate English language proficiency. Five commenters recommended lowering the required score of 26 for Speaking and take into account the other test sections to give a better perception of the overall English ability of each individual. One commenter recommended an overall score of 96 on the TOEFL iBT, and one commenter recommended an overall score of 100 on the TOEFL iBT and CAE or IELTS and a bachelor's or master's degree in English philosophy or English translation and interpretation. One commenter recommended lowering Speaking from 26 to 22, averaging the scores of all sections of TOEFL iBT, and permitting an average score of 20 for all sections to qualify for the Visiting International Teacher (VIT) certificate.

Board Response: The SBEC acknowledges the commenters' recommendations regarding the current requirements of the TOEFL iBT to demonstrate English language proficiency. As part of a separate item, the SBEC took action at its June 9, 2017 meeting to approve as proposed the minimum TOEFL iBT scaled scores of 24 for speaking, 22 for listening, 22 for reading, and 21 for writing as an amendment to 19 TAC §230.11. The SBEC is scheduled to consider the amendment to 19 TAC §230.11 for adoption, subject to State Board of Education review, at its August 4, 2017 meeting. The SBEC adopts the review of 19 TAC Chapter 245.

Comment: Forty-five individuals utilized a template letter to provide comments on the VIT certificate program with three specific requests to 1) extend VISAs of participating candidates; 2) extend the current three-year VIT certification by two additional years to become a five-year VIT certificate; and 3) allow VIT candidates to meet certification requirements for out-of-country candidates (including passing the TOEFL iBT) at the end of the VIT certificate validity period to avoid a drastic shortage of teachers.

Board Response: Currently the rules for the VIT certificate are addressed in 19 TAC Chapter 230, Professional Educator Certification and Preparation, thus rendering the comments on the VIT certificate outside the scope of the purposes of the four-year rule review of Chapter 245. However, the SBEC recognizes that many VIT candidates transfer into the out-of-country certification process to become eligible for issuance of the standard certificate. The TEA staff will review the commenters' recommendations at a later time to develop proposed rule changes for review by the SBEC.

This concludes the review of 19 TAC Chapter 245.

TRD-201702376

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Filed: June 19, 2017