TITLE 19. EDUCATION

PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 227. PROVISIONS FOR EDUCATOR PREPARATION CANDIDATES

The State Board for Educator Certification (SBEC) proposes amendments to 19 Texas Administrative Code (TAC) §§227.5, 227.10, 227.15, 227.17, and 227.19; new §227.6; and the repeal of §227.20, concerning admission to educator preparation programs. The proposed revisions would update current requirements for candidate admission into educator preparation programs (EPPs) to align with proposed revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, and 19 TAC Chapter 230, Professional Educator Preparation and Certification. The proposed revisions would implement House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025.

BACKGROUND INFORMATION AND JUSTIFICATION: 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 establish requirements for admission into an EPP and preliminary evaluation of certification eligibility. Requirements in Subchapter A ensure that EPPs attract and admit applicants who demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of Texas.

At the September 19 and December 5, 2025 meetings, the SBEC discussed potential updates to Chapter 227 to support the implementation of applicable statutory requirements and align, where appropriate, with proposed revisions to 19 TAC Chapter 228 and Chapter 230. The updates to Chapter 227 discussed included definitions, admission requirements for the Residency route, and contingency and formal admission requirements. In response to subsequent updates in Chapter 228, additional refinements and revisions were proposed related to admissions requirements for other routes and to existing rules for clarity.

The following is a description of the proposed amendments to 19 TAC Chapter 227, Subchapter A. This proposal also includes technical edits to conform to Texas Register style requirements.

Subchapter A, Admission to Educator Preparation Programs

§227.5. Definitions

The proposed amendment to §227.5 would include the addition of definitions for Classroom Teacher, Late Hire, Partnership Preservice Program, Preparing and Retaining Educators Through Partnership (PREP) Program, PREP Alternative Preservice Program, PREP Residency Preservice Program, PREP Traditional Preservice Program, School Year, and Teacher of Record to align with requirements established by HB 2. Numbering of definitions was adjusted to accommodate the proposed new definitions.

The proposed amendment to §227.5(1), Accredited Institution of Higher Education, would increase clarity and consistency.

The proposed amendment to §227.5(2), Alternative Certification Route, would clarify and align the definition with requirements established by HB 2.

The proposed amendment to §227.5(6), Certification Class, would clarify the certification classes offered by EPPs.

Proposed new §227.5(7) would add a definition for Classroom Teacher and align with Chapter 228.

Proposed §227.5(11), Contingency Admission, would remove the term "conditional" from the definition of Contingency Admission for clarity and consistency.

Proposed §227.5(12) would update the definition of EPP for clarity.

Proposed new §227.5(14), Graduate Degree, would add clarity to degree requirements for admissions.

Proposed §227.5(18), Post-Baccalaureate Program, would realign the definition as applicable to a route that includes candidates pursuing certification in classes other than classroom teacher at university-based EPPs. This amendment would allow for the realignment of the Traditional route to include candidates in the Teacher class who are pursuing initial teacher certification concurrent with a graduate degree that is a result of new routes identified in HB 2.

Proposed new §227.5(26), Traditional Route, would distinguish the route as separate from the PREP Traditional route defined in §227.22 to align routes with those identified in HB 2.

§227.6. Implementation Date and §227.20. Implementation Date.

The proposed revisions to the admission requirements in Chapter 227 would specify that the requirements should be effective for applicants admitted into EPPs on or after the date the requirements are effective. The repeal of §227.6 and new §227.20 would align with formatting in 19 TAC Chapter 228.

§227.10. Admission Criteria.

The proposed amendment to §227.10(a)(1) would clarify that candidates seeking a degree concurrent with certification must be enrolled in the university and align the route with new routes identified in HB 2.

The proposed amendment to §227.10(a)(2) would clarify the degree required at admission based on the new routes identified in HB 2 and add further clarity by aligning with existing admission requirements for the Superintendent class in §242.5, Minimum Requirements for Admission to a Superintendent Preparation Program.

The proposed amendment to §227.10(a)(3)(A) and (B) would maintain the statutory requirement in TEC, §21.0441, requiring a 2.50 GPA at minimum but update the language for clarity and to more closely align with the language in the statute for operational flexibility. The updates would further refine the language in the rule to align with new routes identified in HB 2.

A refinement to proposed §227.10(a)(3)(C) would clarify the CTE certificate categories that are exempt from the minimum GPA requirement.

The proposed amendment to §227.10(a)(3)(D) would clarify the GPA requirement.

The proposed amendment to §227.10(a)(7) would align the language with the new route requirements identified in HB 2.

The proposed amendment to §227.10(a)(8) and proposed new subsection (a)(9) would separate the application submission and screening processes related to admission criteria. Proposed new subsection (a)(9) would add clarity to and elevate quality in requirements for the applicant screening process. The addition of proposed new paragraph (9) resulted in shifting the numbering of the following item to paragraph (10).

Proposed new §227.10(b) would align with the statutory requirements in TEC, §21.04422(b)(1), related to recruiting and admissions for SBEC-approved Residency programs; would require EPPs use research-based best practices for recruiting and admitting candidates into a Residency route; would elevate the Residency partnership experience by encouraging EPPs in partnerships to provide counseling and support for applicants to consider pursuing certification in areas that support partner local education agency (LEA) hiring needs. The addition of proposed new §227.10(b) would shift the citations following the additions.

Proposed new §227.10(d)(3) and §227.10(e) would support transparency for applicants to, and candidates in, EPPs regarding expiring certification examinations and/or certificates so that candidates are informed of expiration deadlines and can plan to complete preparation requirements efficiently to meet expiration deadlines.

The proposed amendment to §227.10(g) would clarify the language related to admission requirements for applicants seeking certification in Trade and Industrial Workforce Training: Grades 6-12.

The proposed amendment to §227.10(i)(4) would update the list of certificates that include certification in early childhood that qualify for admission into the Early Childhood: Prekindergarten-Grade 3 certificate area seeking additional training required in Chapter 228 for certification by examination purposes. The addition of one certificate category would require renumbering.

§227.15. Contingency Admission.

The proposal, including §227.15(a) and (e), would address updates to preparation routes to align with new routes identified in HB 2 and refine some existing language for clarity.

The proposed amendment to §227.15(c) would clarify the process EPPs use to notify the Texas Education Agency (TEA) of a candidate's contingency admission into the EPP.

The proposed amendment to §227.15(d) would clarify that EPPs that contingently admit candidates must collect an official transcript to verify the degree has been conferred.

The proposed amendment to §227.15(f) would update the language to reflect that the end of a semester would be dependent upon the calendar of the accredited institution of higher education in which the candidate is enrolled pursuing a degree because the common calendar is no longer maintained by the Texas Higher Education Coordinating Board effective November 2024.

Proposed new §227.15(g) would clarify the consequence for a contingently admitted candidate if the required degree does not confer as expected, as required in §227.15(f).

§227.17. Formal Admission.

The proposal, including §227.17(f), would address updates to preparation routes in alignment with new routes identified in HB 2 and refine some existing language for clarity.

The proposed amendment to §227.17(e) would clarify the process EPPs use to notify the TEA of a candidate's formal admission into the EPP.

§227.19. Incoming Class Grade Point Average.

The proposal would address updates to preparation routes in alignment with new routes identified in HB 2 and align revisions with the GPA language referenced in §227.10(a)(3).

FISCAL IMPACT: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years enforcing or administering the rules does not have foreseeable implications relating to cost or revenues of the state or local governments. There are no additional costs to entities required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under TGC, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: This proposal is exempt from the requirements of TGC, §2001.0045, per TEC, §21.041(e), as added by HB 2, 89th Texas Legislature, Regular Session, 2025.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create a new regulation by requiring the EPP to notify candidates upon admission if the certificate sought by the candidate, or the test required for the certificate sought by the candidate, is set to expire. This provides transparency to candidates for efficient processing. The proposed rulemaking would also expand an existing regulation by adding a requirement for residency programs that they must use research-based best practices for recruiting and admitting candidates into the route and offer counseling and support for applicants and candidates to consider pursuing certification in the areas of need for partner LEAs. This addition implements a statutory requirement.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not limit or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years the proposal is in effect, the public benefit anticipated would be aligning the rules with statute and reflecting current procedures. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA staff has determined the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The SBEC requests public comments on the proposal, including, per TGC, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins March 13, 2026, and ends April 13, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. Comments on the proposal may also be submitted by calling (512) 475-1497. The SBEC will also take registered oral and written comments on the proposal during the April 24, 2026 meeting's public comment period in accordance with the SBEC board operating policies and procedures.

SUBCHAPTER A. ADMISSION TO EDUCATOR PREPARATION PROGRAMS

STATUTORY AUTHORITY. The amendments and new section are proposed under Texas Education Code (TEC), §21.031, which authorizes the State Board for Educator Certification (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, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which authorizes the SBEC to adopt rules as necessary for its own procedures and to regulate educators, specify the requirements for issuance or renewal of an educator certificate, administer statutory requirements, and provide an exemption from the requirements of Texas Government Code, §2001.0045; 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 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, §21.04422, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to propose rules for recruiting and admitting candidates into the Teacher Residency Preparation route; TEC, §21.0489(c), 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; Texas Occupations Code (TOC), §53.105, 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; TOC, §53.151, which sets the definitions of "licensing authority" and "occupational license" to have the meanings assigned to those terms by the TOC, §58.001; TOC, §53.152, which requires EPPs to provide applicants and enrollees certain notice regarding potential ineligibility for a certificate based on convicted offenses, the SBEC rules concerning 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, 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 and new section implement Texas Education Code, §§21.031; 21.041; 21.041(e), as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044(a) and (g)(2) and (3); 21.0441; 21.04422, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0489(c); 21.049(a); 21.050(a); and Texas Occupations Code, §§53.105 and 53.151-53.153.

§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 (IHE) 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 route--A pathway to certification [program--An approved educator preparation program,] delivered by entities described in §228.25 of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional [undergraduate] certification program, that may offer an internship or practicum experience for individuals already holding the degree that is required for Standard certification that was conferred by [at least a bachelor's degree from] an accredited IHE [institution of higher education].

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

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

(5) Certification category--A certificate type within a certification class, as described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).

(6) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certificates), that has defined characteristics; may contain one or more certification categories as described in Chapter 233 of this title.

(8) [(7)] Clinical teaching--A supervised teacher assignment through an EPP in the classroom of a cooperating teacher at a public school accredited by the Texas Education Agency (TEA) or other school approved by the TEA for this purpose that may lead to completion of a standard certificate; also referred to as student teaching. [An assignment, as described in §228.67 of this title (relating to Clinical Teaching).]

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

(10) [(9)] Content pedagogy examination--A standardized test or assessment required by statute or SBEC [State Board for Educator Certification] rule that governs an individual's certification as an educator.

(11) [(10)] Contingency admission--Admission [Conditional admission] to an EPP [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.

(12) [(11)] Educator preparation program--An entity that is [must be] approved by SBEC [the State Board for Educator Certification] to prepare and recommend candidates for certification in one or more certification classes [classes of certificates].

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

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

(18) [(14)] Post-baccalaureate program--An EPP [educator preparation program], delivered by an accredited IHE [institution of higher education] and approved by SBEC [the State Board for Educator Certification] to prepare and recommend candidates for certification in non-teacher classes concurrent with obtaining a graduate degree [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].

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

(27) [(16)] Undergraduate degree--A bachelor's degree earned from and conferred by an accredited IHE [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 a university traditional teacher route or a university post-baccalaureate route for a class other than teacher [undergraduate or post-baccalaureate program], an applicant shall be enrolled in an accredited institution of higher education (IHE).

(2) For an alternative certification or Preservice Alternative Certification route [program] or a university post-baccalaureate route for a class other than teacher [program], an applicant shall have, at a minimum, a bachelor's degree earned from and conferred by an accredited IHE. Applicants to a Superintendent program must hold, at minimum, a master's degree or higher earned from and conferred by an accredited IHE as required in §242.5 of this title (relating to Minimum Requirements for Admission to a Superintendent Preparation Program).

(3) To [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 2.50 on a four-point scale or the equivalent [2.5] before admission.

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

(i) 2.50 [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) 2.50 [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) In accordance with the Texas Education Code, (TEC), §21.0441(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 only if these requirements are met:

(i) the program director documents [documentation and certification from the program director] that the [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 TEC, §21.0441(a)(2)(B), the [an] applicant achieves a passing score on [must pass] an appropriate content certification examination as specified in paragraph (4)(C) of this subsection for each subject in which the applicant seeks certification prior to admission. [In accordance with the TEC, §21.0441(b), 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 as described in §233.14(c) and (d) of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)) 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 2.50 [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 the appropriate content certification examination as specified in the figure provided in this subparagraph.

Figure: 19 TAC §227.10(a)(4)(C) (No change.)

(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 Certification as Principal); 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) 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 Exemption [Exemptions, Exceptions, and Waivers]).

(7) 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 Traditional, PREP Traditional, or Residency program [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) 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].

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

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

(d) [(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, intern, 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.

(f) [(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).

(g) [(e)] An EPP may admit an applicant for the Trade and Industrial Workforce Training: Grades 6-12 certification who has met all requirements specified in §233.14(e) of this title (relating to Career and Technical Education Certificates requiring experience and preparation in a skill area, Trade and Industrial Workforce Training: Grades 6-12 certificate). [the following requirements:]

(h) [(f)] 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.

(i) [(g)] An applicant is eligible to enroll in an EPP for the purpose of completing the course of instruction, defined in §228.45(b) of this title (relating to Coursework and Training Requirements for Early Childhood: Prekindergarten-Grade 3 Certification), 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 one of the following certificate categories:

(1) Bilingual Generalist: Early Childhood-Grade 4;

(2) Bilingual Generalist: Early Childhood-Grade 6;

(3) Core Subjects: Early Childhood-Grade 6;

(5) [(4)] Core/Fine Arts/Physical Education/Health with the Science of Teaching Reading: Early Childhood-Grade 6;

(6) [(5)] Core/Special Education with the Science of Teaching Reading: Early Childhood-Grade 6;

(7) [(6)] Core/Bilingual Education Spanish with the Science of Teaching Reading: Early Childhood-Grade 6;

(8) [(7)] Core/English as a Second Language Supplemental with the Science of Teaching Reading: Early Childhood-Grade 6;

(9) [(8)] Core with the Science of Teaching Reading: Early Childhood-Grade 6;

(10) [(9)] Early Childhood Education;

(11) [(10)] Elementary--General;

(12) [(11)] Elementary--General (Grades 1-6);

(13) [(12)] Elementary--General (Grades 1-8);

(14) [(13)] Elementary Early Childhood Education (Prekindergarten-Grade 6);

(15) [(14)] Elementary Self-Contained (Grades 1-8);

(16) [(15)] English as a Second Language Generalist: Early Childhood-Grade 4;

(17) [(16)] English as a Second Language Generalist: Early Childhood-Grade 6;

(18) [(17)] Generalist: Early Childhood-Grade 4;

(19) [(18)] Generalist: Early Childhood-Grade 6;

(20) [(19)] Kindergarten;

(21) [(20)] Prekindergarten-Grade 5--General;

(22) [(21)] Prekindergarten-Grade 6--General; or

(23) [(22)] Teacher of Young Children--General.

§ 227.15. Contingency Admission.

(a) An applicant may be accepted into an alternative certification program preparing candidates in any certification class or a post-baccalaureate program preparing candidates in a class other than teacher on a contingency basis pending receipt of an official transcript showing the degree required for admission [conferred], as specified in §227.10(a)(1) and (2) [§227.10(a)(2)] of this title (relating to Admission Criteria), has been conferred, provided that:

(1) the applicant is currently enrolled in and expects to complete the courses and other requirements for obtaining[,] the minimum [at a minimum, a bachelor's] degree required for admission 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 educator preparation program (EPP) [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 by creating an admission record in the Educator Certification Online System (ECOS) for that entity.

(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 an intern or a probationary certificate until the EPP verifies on an official transcript that the required degree [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 program within a university-based EPP [post-baccalaureate or alternative certification program at an IHE] may admit an applicant if coursework and training was provided by the same institution of higher education (IHE) [IHE] as part of:

(1) the degree to be conferred;

(2) prerequisite courses for a degree [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 the semester is determined by the calendar of the IHE in which the candidate is enrolled. [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 by creating an admission record in the Educator Certification Online System (ECOS) for that entity.

(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 program within a university-based EPP [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 accredited institution of higher education [IHE] as part of:

(1) a previous degree that was conferred;

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

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

§ 227.19. Incoming Class Grade Point Average.

(a) The overall grade point average (GPA) of each incoming class admitted between September 1 and August 31 of each year by an educator preparation program (EPP), including an alternative certification program, may not be less than 3.00 on a four-point scale or the equivalent. In computing the overall GPA of an incoming class, an EPP may include:

(1) the GPA of each person in the incoming class based on all coursework previously attempted by the person at an accredited institution of higher education (IHE):

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

(B) 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

(2) the GPA of each person in the incoming class based only on the last 60 semester credit hours of all coursework attempted by the person at an accredited IHE:

(A) 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 [may] use grades from all coursework previously attempted by a person at the most recent accredited IHE(s), starting with the most recent coursework from the official transcript(s), to calculate a GPA for the last 60 semester credit hours; or

(B) 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) A person seeking career and technical education certification is not included in determining the overall GPA of an incoming class.

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 March 2, 2026.

TRD-202601039

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

STATUTORY AUTHORITY. The repeal is proposed under Texas Education Code (TEC), §21.031, which authorizes the State Board for Educator Certification (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, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which authorizes the SBEC to adopt rules as necessary for its own procedures and to regulate educators, specify the requirements for issuance or renewal of an educator certificate, administer statutory requirements, and provide an exemption from the requirements of Texas Government Code, §2001.0045; 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 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, §21.04422, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to propose rules for recruiting and admitting candidates into the Teacher Residency Preparation route; TEC, §21.0489(c), 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; Texas Occupations Code (TOC), §53.105, 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; TOC, §53.151, which sets the definitions of "licensing authority" and "occupational license" to have the meanings assigned to those terms by the TOC, §58.001; TOC, §53.152, which requires EPPs to provide applicants and enrollees certain notice regarding potential ineligibility for a certificate based on convicted offenses, the SBEC rules concerning 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, 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 repeal implements Texas Education Code, §§21.031; 21.041; 21.041(e), as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044(a) and (g)(2) and (3); 21.0441; 21.04422, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0489(c); 21.049(a); 21.050(a); and Texas Occupations Code, §§53.105 and 53.151-53.153.

§227.20. Implementation Date.

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 March 2, 2026.

TRD-202601040

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

CHAPTER 228. REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS

The State Board for Educator Certification (SBEC) proposes amendments to 19 Texas Administrative Code (TAC) §§228.2; 228.6; 228.15; 228.25; 228.31; 228.33; 228.35; 228.41; 228.43; 228.45; 228.55; 228.57; 228.61; 228.63; 228.65; 228.67; 228.73; 228.79; 228.81; 228.91; 228.93; 228.95; 228.97; 228.101; 228.105; 228.107; 228.109, the repeal of §228.39 and §228.71, and new §228.68, concerning requirements for educator preparation programs (EPPs). The rules provide requirements and definitions as applicable to support EPPs and candidates in the successful implementation of these rules. The proposed revisions would implement House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 228 are organized as follows: Subchapter A, General Guidance; Subchapter B, Approval of Educator Preparation Programs; Subchapter C, Administration and Governance of Educator Preparation Programs; Subchapter D, Required Educator Coursework and Training; Subchapter E, Educator Candidate Clinical Experiences; and Subchapter F, Support for Candidates During Required Clinical Experiences. These rules establish the requirements for EPPs. HB 2, 89th Texas Legislature, Regular Session, 2025, introduced significant educator preparation reforms, including the Preparing and Retaining Educators Through Partnership (PREP) Allotment. PREP strengthens teacher recruitment, preparation, and mentorship, requiring the SBEC to define new preparation routes, training standards, and quality review processes for EPPs.

At the September and December 2025 meetings, the SBEC had preliminary discussions on potential revisions to Chapter 228 to implement HB 2. The recommendations discussed were informed by legislative changes and stakeholder feedback.

The following proposed revisions to 19 TAC Chapter 228, Subchapters A-F, incorporate both SBEC and stakeholder input. This proposal also includes technical edits to update cross references and conform to Texas Register style requirements.

Subchapter A, General Guidance

§228.2. Definitions.

The proposed revisions to §228.2 would update the definitions for alternative certification route, classroom teacher, cooperating teacher, formal admission, late hire, post-baccalaureate program and would clarify existing definitions or align the definitions with new route requirements in HB 2.

Proposed new §228.2(40) and (46)-(50) would add definitions for Partnership Preservice Program, Preparing and Retaining Educators Through Partnership (PREP), PREP Alternative Preservice Program, PREP Grow Your Own Program, PREP Residency Preservice Program, and PREP Traditional Preservice Program to define new PREP routes that will impact EPPs' and their candidates' participation in PREP allotments identified in HB 2.

Proposed new §228.2(64) would add a definition for traditional route and clarify that an EPP may have two traditional routes, the PREP traditional route in proposed new §228.2(50), which qualifies for the PREP allotment, and the traditional route in proposed new §228.2(64), which does not.

Proposed new §228.2(6) and (60) would add definitions for asynchronous coursework and synchronous coursework, respectively, to provide guidance to EPPs to meet requirements in HB 2 that PREP programs and traditional programs must deliver coursework synchronously or be approved to offer coursework asynchronously.

The proposed amendments to §228.2(16), related to clock hours, and §228.2(19), related to cooperating teacher, would add the new pre-internship clinical teaching requirement as part of the new preservice alternative certification route identified in HB 2.

The proposal would strike §228.2(10), related to candidate coach, and (33), related to intensive preservice, due to the proposed repeal of §228.39, Intensive Preservice, to provide for the new preservice alternative certification route identified in HB 2.

Proposed new §228.2(34) would define intern mentor teacher to distinguish a mentor that is supporting candidates in EPPs who are completing internships. This proposed new definition would accommodate PREP Mentorship Program and rule updates in 19 TAC Chapter 153, School District Personnel.

The proposed revision to §228.2(39) would strike the definition for mentor and replace it with a definition of mentoring educators to provide for a collective term for the variety of roles of campus support personnel, including cooperating teachers, host teachers, mentor teachers, and intern mentor teachers. This proposed revision would accommodate PREP Mentorship Program and rule updates in Chapter 153.

§228.6. Implementation Date.

The proposed updates to the implementation of requirements in this chapter include adding pre-internship clinical teaching to the list of assignments requiring formal observations that are required to be completed and reported by the EPP. The references to the formal observation requirements in §228.6(1)(A) are adjusted as a result of proposed revisions to those sections but the implementation requirements for formal observations are maintained. While the rule text maintains the transition runway for phasing out training under Legacy Chapter 228 with a deadline of August 31, 2026, an effective date was added for currently proposed rules that identifies the candidate must meet the requirements in this chapter that were in effect at the time the candidate was admitted into the EPP. The proposal would update the implementation year to September 1, 2026, for the provisions of Chapter 228, unless otherwise specified in rule.

Subchapter B, Approval of Educator Preparation Programs

§228.15. Additional Approval.

The proposed amendment to §228.15(b) would require the EPP seeking approval to implement an SBEC-approved residency program must include evidence of compliance with Chapter 227, Provisions for Educator Preparation Programs, and address the addition of a statutory requirement for admission of candidates to the residency route.

The proposed revisions to §228.15(b)(1) would provide the application process and requirements for previously approved residency programs to meet SBEC approval for the residency route in 2027-2028. Proposed repeal and new Figure: 19 TAC §228.15(b)(1) would provide evidence needed by the EPP in the application process in 2027-2028.

The proposed revisions to §228.15(b)(2) and (3) would incorporate the application process for the addition of new residency requirements related to HB 2, beginning 2028-2029 and application process and requirements for new residency program applicants. The proposed revisions would also reinforce that an EPP cannot be approved to offer a residency route if the EPP's accreditation status is Accredited Probation. Proposed new Figure: 19 TAC §228.15(b)(2) would provide evidence needed by the EPP in the application process beginning 2028-2029.

The proposed amendment to §228.15(b)(4) and proposed new §228.15(b)(5) would provide detail on how EPPs are held accountable for meeting ongoing requirements of an approved residency route.

Proposed new §228.15(c)(1)-(5) would provide application requirements for SBEC approval of a preservice alternative certification route to mirror the application process and EPP accountability identified in §228.15(b) for an SBEC-approved residency. Proposed new Figure: 19 TAC §228.15(c)(1) would provide evidence needed by the EPP in the application process for 2027-2028 approval. Proposed new Figure: 19 TAC §228.15(c)(2) would provide evidence needed by the EPP in the application process for 2028-2029 SBEC approval.

Proposed new §228.15(d)(1)-(5) would add application requirements for SBEC approval of a PREP traditional route to mirror the application process and EPP accountability identified in §228.15(b) for an SBEC-approved residency and in proposed new §228.15(c)(1)-(5) for an SBEC approved preservice alternative certification route. Proposed new Figure: 19 TAC §228.15(d)(1) would provide evidence needed by the EPP in the application process for 2027-2028 SBEC approval. Proposed new Figure: 19 TAC §228.15(d)(2) would provide evidence needed by the EPP in the application process for 2028-2029 SBEC approval.

Proposed new §228.15(g) would provide guidance for EPPs to apply for TEA approval to offer asynchronous coursework for routes that require coursework to be delivered synchronously, as established by HB 2.

Subchapter C, Administration and Governance of Educator Preparation Programs

§228.25. Governance of Educator Preparation Programs.

Proposed new §228.25(e) would provide guidance to EPPs approved to offer PREP traditional and preservice alternative certification routes related to the duration and quality of collaboration with partner local education agencies (LEA).

Subchapter D, Required Educator Coursework and Training

§228.31. Minimum Educator Preparation Program Obligations to All Candidates.

Proposed new §228.31(d) would provide clarification to EPPs that the EPP must maintain qualified instructors to deliver instruction to candidates and that EPP staff providing instruction in required content must apply for, attain, and maintain certification to provide that instruction, as required by HB 2.

Proposed new §228.31(e) would implement the statutory requirement that the EPP must comply with the prohibitions and requirements under Texas Education Code (TEC), §28.0022(a)(1)-(4), related to instructional personnel and coursework.

§228.33. Preparation Program Coursework and/or Training for All Certification Classes.

Proposed new §228.33(d) would implement the statutory requirement in HB 2 that the EPP must be approved to offer coursework asynchronously for traditional and PREP traditional, residency, and preservice alternative certification routes.

§228.35. Substitution of Applicable Experience and Training.

Proposed new §228.35(b) would allow an uncertified teacher that has enrolled in the EPP to secure certification to substitute experience as a teacher of record for the required 50 hours of field-based experience in §228.43.

§228.39. Intensive Pre-Service.

The proposed repeal of §228.35 would be necessary to implement the preservice alternative certification route statutorily required by HB 2.

§228.41. Preservice Coursework and Training for Classroom Teacher Candidates.

The proposed amendment to §228.41(a)(2) would update the list of pedagogical skills in which candidates must be allowed to pursue proficiency during coursework and training that occurs before the required clinical experience. The proposed revisions would align with recently adopted pedagogy standards in Chapter 235, Classroom Teacher Certification Standards.

Proposed new §228.41(b) would reinforce that late hire candidates must complete the pre-service coursework and training but would provide new flexibility that the requirements must be completed within the first half of the internship instead of the first 90 days.

Proposed new §228.41(c) would implement the statutory requirement that candidates in the preservice alternative certification route must complete a portion of the required content from the Texas Reading Academies and Mathematics Achievement Academies to meet the preservice coursework and training requirement prior to beginning the required clinical experience.

§228.43. Preservice Field-Based Experiences for Classroom Teacher Candidates.

Proposed new §228.43(a) would reinforce the allowance in proposed new §228.35(b) that an uncertified teacher that has enrolled in the EPP to secure certification may substitute experience as a teacher of record for the required 50 hours of field-based experience detailed in this section. Proposed new subsection (a) would also reinforce the allowance in proposed new §228.68(h) that a candidate completing the pre-internship clinical practice within the preservice alternative certification route is exempt from the required 50 hours of field-based experience.

§228.45. Coursework and Training Requirements for Early Childhood: Prekindergarten-Grade 3 Certification.

The proposed amendment to §228.45(c) would update the term "mentor" to "intern mentor teacher" to align with the new definition of the mentoring educator assigned to support a candidate completing an internship.

§228.55. Late Hire Candidates.

The proposed amendment to the requirements in §228.55 would implement the two-year intern certificate required by HB 2 and reinforce that the late hire candidate may begin the internship under the two-year certificate prior to completing the preservice coursework and training required in §228.41 and §228.43. The proposed amendment would also add flexibility by allowing the late hire candidate to complete the required coursework and training within the first half of the internship and reinforce the existing requirement that the intern certificate must be deactivated if the candidate does not complete the preservice coursework and training as required.

§228.57. Educator Preparation Curriculum.

Proposed new §228.57(f) would add the curriculum requirements identified in HB 2 and establish timelines for training content implementation specific to the preservice alternative certification route, the PREP traditional route, and the residency route. The proposal would also outline the process for SBEC approval of training content.

Subchapter E, Educator Candidate Clinical Experiences

§228.61. Required Clinical Experiences.

Proposed new §228.61(b) would integrate the preservice alternative certification route required in HB 2 into the requirements for clinical experiences by adding that a candidate completing requirements in this route must also complete pre-internship clinical teaching, which is further detailed in proposed new §228.68.

§228.63. Locations for Required Clinical Experiences.

The proposed amendment to §228.63 would update the list of locations of clinical experiences to integrate the new pre-internship clinical teaching requirement for the preservice alternative certification route and replace references to the term "mentor" with "intern mentor teacher". The proposed amendment would align with the requirements identified in HB 2 and related updates in Chapter 153. The proposal would also update the rule for candidates who seek to complete the required clinical experience outside of Texas by removing residency from the options. The residency route requires the EPP and LEA to partner, which is not feasible with school systems outside of Texas.

§228.65. Residency.

The proposed amendment to §228.65(a)(3) would provide flexibility to residency candidates who are pursuing a disciplinary degree in an educational setting outside of education (such as biology or mathematics) concurrent with certification by allowing a reduction of up to 50 clock hours of the residency assignment as needed by the candidate to complete degree requirements. The proposed amendment would also address stakeholder feedback regarding the flexibility necessary for candidates earning a disciplinary degree with additional coursework to successfully complete the residency route certification requirements.

The proposed amendment to §228.65(g) would clarify language related to the types of certificates for which a successful residency candidate could qualify.

§228.67. Clinical Teaching.

The proposed amendment to §228.67(b)(1) would incorporate the new definition of intern mentor teacher.

Proposed new §228.67(b)(4) would clarify that a candidate may not change districts during the clinical teaching experience if the candidate is completing clinical teaching through a PREP traditional program. This revision would honor the partnership between the district and the EPP.

The proposed amendment to §228.67(d) would clarify that increased instructional responsibility in clinical teaching includes opportunities for the candidate to lead classroom instruction.

§228.68. Pre-internship Clinical Teaching.

Proposed new §228.68 would incorporate the structure of the new preservice alternative certification route established by HB 2. The proposal would outline parameters for the "preservice" portion of the route requirement, which is a version of clinical teaching that candidates in this route will complete prior to beginning the internship portion of their training. The proposed requirements would also include the number of hours of preservice clinical teaching and the activities in which the candidate will engage and the support the candidate will receive during the experience.

Proposed new §228.68(g) would carve out that a candidate who has completed a PREP Grow Your Own Program will be exempt from this pre-internship clinical teaching portion of the preservice alternative certification requirements. Proposed new §228.68(h) would exempt candidates who complete the pre-internship clinical teaching portion of the preservice alternative certification requirements from the required 50 hours of field-based experiences in §228.41(a)(1).

§228.71. Exceptions to Clinical Teaching Requirement.

The proposed repeal of §228.71 would align with the routes and requirements established by HB 2.

§228.73. Internship.

Proposed new §228.73(a) and (b) would align the internship as the clinical experience type for candidates pursuing certification through the alternative certification routes and clarify the candidate must hold a conferred bachelor's degree to participate in an internship. The proposal would add a carve out for candidates in an alternative certification route who no longer qualify to complete an internship and thus must complete clinical teaching to finish requirements.

Proposed §228.73(c) and (d) would identify the two alternative certification routes required by HB 2 and update language to reflect the type of intern certificate available to each route, including the new two-year intern certificate and the new intern with preservice certificate. The proposed amendment would also update the duration and assignment information to clarify that a one-year internship is required for either route and establish that the candidate in the preservice alternative certification route must complete the internship in one district, which honors the partnership for the purpose of qualifying for the PREP allotment.

The internship extension requirements in proposed §228.73(h) would be maintained with added clarification that the intern must not have exhausted the three years of eligibility to extend an internship or complete an additional internship. The clarification further bifurcates the options of extending the internship into a second year if the candidate has additional coursework or other requirements to complete versus completing an additional internship, which would be required if the candidate's first internship was not successful. This is further detailed in proposed updates to the observation requirements in §228.109(b), which would require formal field supervision for a second internship if the first was unsuccessful but would not require formal supervision if the first internship was successful and the internship is extended to allow the candidate to finish other requirements. The proposal would benefit the EPP due to the reduced cost of field supervision and benefit the candidate and district by allowing the candidate to hold an SBEC credential and maintain employment after the successful internship year is complete.

The proposal would also update the term "mentor" to "intern mentor teacher" to align with the change in definition of the mentoring educator supporting candidates in internships.

Proposed §228.73(i) would adjust the certificate deactivation requirements to add flexibility for late hire candidates to complete pre-service requirements within the first half of the internship instead of the first 90 days.

Proposed §228.73(j) would update the certificate deactivation rules to align with the updated preservice coursework requirement for late hire candidates proposed in §228.41(b) and §228.55(c) by extending the time frame for completing preservice requirements from the first 90 days to the first half of the internship. The proposed changes to the certificate deactivation requirements would also add flexibility to the timeline for EPPs to notify the TEA to deactivate a certificate and address stakeholder feedback that the current timelines are difficult to meet.

§228.79. Exemptions from Required Clinical Experiences for Classroom Teacher Candidates.

The proposed amendment to §228.79(b) would update language related to a candidate pursuing certification as a Junior Reserve Officer Training Corps instructor.

§228.81. Clinical Experience for Certification Other Than Classroom Teacher.

The proposed amendment to §228.81(c) would establish that the two-year intern certificate is available to candidates pursuing certification in a class other than teacher who meet the requirements for the certificate. The proposed amendment would be applicable to candidates who seek to complete a practicum while employed in a role that requires an SBEC credential.

Subchapter F, Support for Candidates During Required Clinical Experiences

§228.91. Intern Mentor Teachers, Cooperating Teachers, Host Teachers, and Site Supervisors.

The proposed amendment to §228.91 would update language throughout this section to change the term "mentor" to "intern mentor teacher" to align with the new definition in §228.2 and apply the term "mentoring educators" when collectively referring to requirements for the campus personnel supporting teacher candidates in clinical experiences. The proposed updates would also reflect new requirements established by HB 2, including the addition of the pre-internship clinical experience as a clinical experience that requires a cooperating teacher, and add clarification that a mentoring educator must agree to be assigned to support the candidate during the clinical experience.

The proposed amendment to §228.91(e) and proposed new subsection (f) would clarify training requirements for mentoring educators and site supervisors to add the requirement for PREP routes that mentoring educators must be trained through Texas Mentorship Training and would provide a timeline for phasing in the Texas Mentorship Training.

§228.93. Cooperating Teacher Qualifications and Responsibilities.

The proposed amendment to §228.93 would add co-teaching to increase clarity around the duties of a cooperating teacher, update the term "mentor" to "intern mentor teacher" to align with changes in terminology, and add pre-internship clinical teaching as required by the preservice alternative certification route established by HB 2. The proposal would also require that cooperating teachers supporting candidates in PREP programs complete Texas Mentorship Training.

§228.95. Host Teacher Qualifications and Responsibilities.

The proposed amendment to §228.95(a)(3) would detail the Texas Mentorship Training requirements for host teachers supporting candidates in residency assignments, including an implementation runway for completing the first training, as required by HB 2.

§228.97. Intern Mentor Teacher Qualifications and Responsibilities.

The proposed amendment to §228.97 would include updating the term "mentor" to "intern mentor teacher" to align with changes to that terminology and revising qualification requirements to align with requirements in Chapter 153.

The changes to proposed §228.97(a)(3) and (b)(2) and (3) would add requirements established by HB 2 for intern mentor teachers supporting candidates in the preservice alternative certification route, including a training requirement that intern mentor teachers must complete Texas Mentorship Training and the addition of duties of an intern mentor teacher to align with requirements in TEC, §21.458(f).

§228.101. Field Supervisor Qualifications and Responsibilities.

The proposed amendment to §228.101 would clarify qualifications for field supervisors of candidates in PREP routes and update the term "mentor" to "intern mentor teacher" to align with new terminology in §228.2.

The proposed amendment to §228.101(b)(1) would extend the timeline for field supervisors to renew the TEA-approved training to the next year. Additional proposed updates provide options for field supervisors to credit training in areas such as T-TESS certification and other approved agency training to count as a portion of the TEA-approved field supervisor training.

The proposed amendment to §228.101(b)(4) and (5) would add pre-internship clinical teaching and the preservice alternative certification route to the requirements for formal and informal observations conducted by the field supervisor. The proposed amendment to subsection (b)(5) would add flexibility for candidates in the alternative certification route completing internships by reducing the number of informal observations from three per semester of the internship to two per semester.

The proposed amendment to §228.101(b)(6) would align formatting with other similar rules but retain the informal observation requirement for candidates who are late hires to maintain the added support needed for late hire candidates as they enter the classroom with minimal formal training.

Proposed new subsection (b)(8) would establish that candidates in the pre-internship clinical teaching assignment are required to have informal observations conducted by field supervisors, including feedback on candidate progress toward mastering the competencies identified in §228.41 required for all preservice candidates.

Proposed §228.101(b)(9), (11), and (12) would update guidance related to collaboration between field supervisors and mentoring educators and feedback provided to mentoring educators and other campus or district staff related to candidate performance to ensure that field supervisors and mentoring educators collaborate and communicate regularly in support of the candidate. Proposed subsection (b)(12) would define requirements for field supervisors of candidates in PREP routes and require the field supervisor to have collaborative meetings with campus supervisors at least three times per semester and with the mentoring educator at least two times monthly.

§228.105. Formal Observations for All Candidates for Initial Classroom Teacher Certification.

The proposed amendment to §228.105 would integrate the pre-internship clinical teaching experience requirement for the preservice alternative certification route established by HB 2 into the field supervisors' requirement for formal observations in §228.105(a) and clarify that the field supervisor must provide a copy of the written feedback resulting from a formal observation to the mentoring educator supporting the candidate in any type of clinical experience.

§228.107. Formal Observations for Candidates in Clinical Teaching and Pre-internship Clinical Teaching Assignments.

The proposed amendment to §228.107 would integrate the pre-internship clinical teaching experience requirement for the preservice alternative certification route into the formal observation schedule for clinical teaching and require one formal observation during the pre-internship clinical teaching assignment.

§228.109. Formal Observations for Candidates in Internship Assignments.

The proposed amendment to §228.109(b) would reduce the number of formal observations required for candidates holding a two-year intern certificate who are not late hires from five observations to four for both the initial internship and an additional internship that is required when the first internship was not successful. The proposed amendment would add flexibility and reduce cost for EPPs.

Proposed new §228.109(c) would maintain observation requirements for late hire candidates. The proposal would require the field supervisor to conduct five total observations during the internship as is currently required. The number of formal observations for late hire candidates would not be reduced to maintain a higher level of support for the candidates who may lack formal training prior to beginning the internship.

The proposed amendment to §228.109(d) would extend the modified observation schedule to candidates completing an internship in more than one subject area that cannot be observed by the field supervisor concurrent with the first subject area and require one additional observation per semester for the second subject area.

Proposed new §228.109(e) and (f) would implement the formal observation requirements for an internship for candidates holding an intern with preservice certificate while pursuing certification through the preservice alternative certification route. In addition to the one formal observation during the pre-internship clinical teaching portion of the training detailed in §228.107(e), the proposed observation schedule for the internship would require four formal observations during the full school year internship, with two in the first half of the internship and two in the last half. Proposed new subsection (f) would extend the observation schedule to candidates completing an internship in more than one subject area that cannot be observed by the field supervisor concurrent with the first subject area and require one additional observation per semester for the second subject area.

Proposed new §228.109(g) and (h) would establish requirements for formal observations of candidates completing an internship under a probationary certificate. The proposal would reorganize current subsection (e) to proposed new subsection (g) to improve overall readability; however, the observation requirement of five total observations, three in the first half of the internship and two in the last half of the internship has not changed. Proposed new subsection (h) would identify requirements for candidates completing an internship in more than one subject area that cannot be observed by the field supervisor concurrent with the first subject area, requiring one additional observation per semester for the second subject area. The proposal would also align language across subsections (d), (f), and (h).

FISCAL IMPACT: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years enforcing or administering the rules may impose a cost on other state agencies (institutions of higher education) and on small businesses and micro-businesses (EPPs). An initial implementation cost may be incurred by EPPs that choose to offer any or all of the PREP preparation routes.

HB 2 requires EPPs to make updates to coursework and candidate training if they seek to offer the PREP routes specified in the TEC. EPPs are not, however, required to offer these routes.

The proposed PREP routes require EPPs to apply, at no cost, for pathway approval. While there may be additional costs for an EPP associated with developing a high-quality program, the preparation pathways are optional for EPPs and, therefore, not a required cost. The costs to EPPs would be widely variable; for example, EPPs may already have an established residency preparation pathway that meets the proposed requirements while other EPPs would need to invest time and resources into the development of the residency preparation pathway. Additionally, while the preservice alternative certification route is new for all prospective programs and will require time, effort, and resources, it will be varied depending on the type of model designed, the quality of current partnerships, etc. It is difficult to estimate this cost.

As described, one key cost to the implementation of the PREP routes is the initial cost to EPPs to ensure training and certification of staff to redeliver the content. There may be initial costs to EPPs in Fiscal Year (FY) 2027 regarding time and effort to train faculty and ensure the training content is integrated into the program. TEA estimates that each program will train on average 10 faculty to engage in training for 40 hours to seek certification to redeliver content. This training may also be counted for continuing education for those faculty members. TEA estimates an additional 10 hours to integrate the training content into existing courses. It is estimated that the average course release stipend for faculty is $3,500 for 144 hours of faculty time. This means that for faculty to engage in 50 additional hours, TEA staff would estimate the cost to be about $1,300 for each faculty, meaning an average of $13,000 for faculty to complete the training in FY 2027. TEA staff would estimate a 30% attrition rate and retraining of faculty in subsequent years, in addition to new content training in FY 2028. When TEA staff combines attrition costs with new training content, TEA staff estimates it will cost the program $16,900 to implement in FY 2028. It should, however, be additionally noted that programs will begin to generate $10,000-$11,500 per candidate completer by FY 2029. This cost savings to EPPs is difficult to predict, given that programs range in annual production.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: This proposal is exempt from the requirements of TGC, §2001.0045, per TEC, §21.041(e), as added by HB 2, 89th Texas Legislature, Regular Session, 2025.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create a new regulation for EPPs that seek to offer the optional PREP Residency, PREP Traditional, or PREP Preservice Alternative Certification routes. The proposed rulemaking would also update requirements for Alternative Certification Route requirements and establish regulation pertaining to PREP route review and approval and new regulation for the SBEC's review of coursework for certain routes. Additionally, the proposed rulemaking would set the requirement that the EPP must comply with the prohibitions and requirements under TEC, §28.0022(a)(1)-(4), regarding instructional personnel and coursework, as required in TEC, §21.0442(b)(3). All new regulations are necessary to implement statutory requirements of HB 2. In addition, the proposed rulemaking would repeal an existing regulation by repealing §228.39, Intensive Preservice Requirements, to address statutory requirements as well as §228.71, Exceptions to Clinical Teaching Requirement.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not limit an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years the proposal is in effect, the public benefit anticipated would be aligning the rules with statute and reflecting current procedures. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA staff has determined the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The SBEC requests public comments on the proposal, including, per TGC, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins March 13, 2026, and ends April 13, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. Comments on the proposal may also be submitted by calling (512) 475-1497. The SBEC will also take registered oral and written comments on the proposal during the April 24, 2026 meeting's public comment period in accordance with the SBEC board operating policies and procedures.

SUBCHAPTER A. GENERAL GUIDANCE

STATUTORY AUTHORITY. The amendments are proposed under 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 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)(2)-(4), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(e), which states a rule proposed by the SBEC under this section relating to educator preparation is not subject to Texas Government Code, §2001.0045; TEC, §21.0412, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which defines the types and validity period of teaching certificates: standard, enhanced standard, intern with preservice, and intern; TEC, §21.044, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which identify instructional materials and training requirements that must be included in training provided by EPPs participating in a Preparing and Retaining Educators Through Partnership Preservice Program (PREP); TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs, and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §§21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish three teacher preparation routes: traditional, residency, alternative, and foundational requirements for each; TEC, §21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, including expanded authority to review for quality, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public through its internet website and gives the SBEC authority to require any person to give information to the SBEC for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the SBEC's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours; TEC, §21.046(c), which requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success; TEC, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the SBEC; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of EPPs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for EPPs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which requires the SBEC to include hours of field-based experience in the hours of coursework required for certification and allows the SBEC to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; TEC, §21.051, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; TEC, §21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which gives the commissioner of education authority to develop and make available training materials for use in EPPs; and TEC, §§21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish requirements for PREP programs and require the commissioner of education and the SBEC to establish rules to implement the requirements; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §§21.003(a), 21.031; 21.041(b)(1)-(4) and (e); 21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044; 21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0441; 21.0442(c); 21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b) and (c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); 21.04891; 21.049(a); 21.0491; 21.050(a)-(c); 21.051; 21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and 21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and Texas Occupations Code, §55.007.

§ 228.2. Definitions.

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

(1) Academic year--If not referring to the academic year of a particular public, private, or charter school or institution of higher education (IHE), September 1 through August 31.

(2) Accredited institution of higher education--An IHE 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.

(3) Alternative certification route [program]--A pathway to certification [An approved educator preparation program], delivered by entities described in §228.25(a) of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional [undergraduate] certification program, that may offer an internship or practicum experience for individuals already holding the degree that is required for standard certification that was conferred by [at least a bachelor's degree from] an accredited IHE.

(4) Analysis--Examining [examining] teaching and/or instructional resources (e.g., student work samples, a video of teaching practices) to recognize key teaching practices enacted in a variety of ways, build understanding of the practice through repeated review, develop a shared vision for a teacher practice, and compare their own practice for improvement.

(5) Assignment start date--For an internship, clinical teaching, or residency, the first day of instruction with students. For a nonteacher practicum experience, the first day of the window in which the candidate is authorized by the educator preparation program (EPP) [EPP] to begin the practicum experience.

(7) [(6)] Authentic school setting--For the purpose of field-based experiences, during the school day and the school year and including summer school; not to include professional development, extracurricular activities, workdays when students are not present, and before- or after-school childcare or tutoring.

(8) [(7)] Benchmarks--Reference points throughout the preparation process where candidates are assessed for progress toward completing EPP requirements (e.g., admission, passing a specific course or courses, passing a certification exam, completing preservice requirements).

(9) [(8)] Campus supervisor--A school administrator or designee responsible for the annual performance appraisal of an intern or a candidate pursuing a residency certificate.

(10) [(9)] Candidate--An individual who has been formally or contingently admitted into an EPP; also referred to as an enrollee or participant.

(11) Certification category--A certificate type within a certification class, as described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates).

(12) Certification class--A certificate, as described in §230.33 of this title (relating to Classes of Certificates), that has defined characteristics; may contain one or more certification categories, as described in Chapter 233 of this title.

(13) Classroom teacher--An educator who is employed by a school or district and who, not less than an average of four hours each day, teaches in an academic instructional setting or a career and technical instructional setting. This term does not include an educational aide, a full-time administrator, or a substitute teacher. For purposes of this chapter, a classroom teacher includes an educator who may not yet hold a certificate issued under Texas Education Code (TEC), Chapter 21, Subchapter B.

(14) Clinical experience--A supervised educator assignment through an EPP at a public school accredited by the Texas Education Agency (TEA) TEA] or other school approved by the TEA for this purpose where candidates demonstrate proficiency in the standards for the certificate sought and that may lead to completion of a standard certificate. Clinical experience includes clinical teaching, internship, practicum, and residency.

(15) Clinical teaching--A supervised teacher assignment through an EPP in the classroom of a cooperating teacher at a public school accredited by the TEA or other school approved by the TEA for this purpose that may lead to completion of a standard certificate; also referred to as student teaching.

(16) Clock-hours--The actual number of hours of coursework or training provided; for purposes of calculating the training and coursework required by this chapter, one semester credit hour at an accredited IHE is equivalent to 15 clock-hours. Clock-hours of field-based experiences, clinical teaching, pre-internship clinical teaching,internship, residency, and practicum are actual hours spent in the required educational activities and experiences.

(17) Contingency admission--Admission as defined in §227.5 of this title (relating to Definitions) and described in §227.15 of this title (relating to Contingency Admission).

(18) Completer--A person who has met all the requirements of an approved EPP; also referred to as finisher. In applying this definition, the fact that a person has or has not been recommended for a standard certificate or passed a certification examination shall not be used as criteria for determining who is a completer.

(19) Cooperating teacher--An [For a clinical teacher candidate, an] educator who is collaboratively assigned by the EPP and campus administrator who supports the candidate during the clinical teaching experience or during the pre-internship clinical teaching experience.

(20) Co-teaching--A practice in which two or more teachers share instructional responsibility for a single group of students to address specific content and related learning objectives through a variety of approaches that best support the students' learning needs.

(21) Educator--An individual who is required to hold a certificate issued under TEC, Chapter 21, Subchapter B.

(22) Educator preparation program--An entity that is approved by the SBEC to prepare and recommend candidates for certification in one or more [educator] certification classes.

(23) Enactments--Opportunities to engage teacher candidates in sheltered/protected practice to develop a skill through such examples as doing student work, role playing student interactions, coached lesson rehearsals, and peer run throughs of a proposed lesson. Candidates should have the opportunity to receive feedback on current practice and integrate feedback into future practices.

(24) Enhanced standard certificate--A type of certificate issued to an individual who has met all requirements as specified in §230.39(b) of this title (relating to Enhanced Standard Certificates) under the teacher class of certificates.

(25) Entity--The individual, corporation, partnership, IHE, public school or school district that is approved to deliver an EPP.

(26) Extracurricular activities--Activities sponsored by the University Interscholastic League (UIL), the school district board of trustees, or an organization sanctioned by resolution of the board of trustees as specified in Chapter 76, Subchapter AA, of Part 2 of this title (relating to Commissioner's Rules).

(27) Field-based experiences--Introductory experiences for a classroom teacher certification candidate, incorporated with preparation coursework that involve, at the minimum, reflective observation of and interaction with Early Childhood-Grade 12 students, teachers, and faculty/staff members engaging in educational activities in an authentic school setting.

(28) Field supervisor--A currently certified educator, who preferably has advanced credentials, hired by the EPP to observe candidates, monitor their performance, and provide constructive feedback to improve their effectiveness as educators.

(29) Formal admission--Admission as defined in §227.5 of this title (relating to Definitions) and described in §227.17 of this title (relating to Formal Admission).

(30) Head Start Program--The federal program established under the Head Start Act (42 United States Code (USC), §9801 et seq.) and its subsequent amendments.

(31) Host teacher--For a teacher resident candidate, an educator who is jointly assigned by the EPP and the campus administrator who supports the candidate through co-teaching and coaching during their teacher residency field placement.

(32) Initial certification--The first Texas certificate in a class of certificate issued to an individual based on participation in an approved EPP.

(33) [(34)] Intern certificate--A type of certificate as specified in §230.36 of this title (relating to Intern Certificates) that is issued to a candidate who has passed all required content pedagogy certification examinations and is completing requirements for initial certification through an approved EPP.

(35) Internship--A paid supervised classroom teacher assignment for one full school year at a public school accredited by the TEA or other school approved by the TEA for this purpose that may lead to completion of a standard certificate.

(36) Late hire--An individual who is both accepted into an EPP after the 45th day before the first day of instruction and hired for a teaching assignment by a school after the 45th day before the first day of instruction or within the first semester of the academic year; or who is both admitted into the EPP and hired by the district or after the school's academic year has begun, and requires additional time to complete the pre-internship requirements.

(37) Legacy Chapter 228 rules--The version of State Board for Educator Certification rules in Chapter 228 that were in effect on August 31, 2024.

(38) Long-term substitute--An individual that has served in place of a teacher of record in a classroom for at least 30 consecutive days; also referred to as a permanent substitute.

(41) [(40)] Pedagogy--The art and science of teaching that incorporates instructional methods that are developed from scientifically based research.

(42) [(41)] Performance task--An assessment in which the teacher candidate applies learning and demonstrates a discrete set of skills, resulting in a tangible product or performance that serves as evidence of learning. The assessment must be evaluated using a standard rubric or set of criteria and must not include multiple-choice questions.

(43) [(42)] Post-baccalaureate program--An EPP, delivered by an accredited IHE and approved by the SBEC to prepare and recommend candidates for certification in nonteacher certification classes concurrent with obtaining a graduate degree [, that is designed for individuals who already hold at least a bachelor's degree and are seeking an additional degree].

(44) [(43)] Practicum--A supervised educator assignment at a public school accredited by the TEA or other school approved by the TEA for this purpose that is in a school setting in the particular class for which a certificate in a class other than classroom teacher is sought.

(51) [(44)] Probationary certificate--A type of certificate as specified in §230.37 of this title (relating to Probationary Certificates) that is issued to a candidate who has passed all required certification examinations and is completing requirements for certification through an approved EPP.

(52) [(45)] Representations--Artifacts and illustrations of instruction used to help teacher candidates see and analyze strong teaching practices. Representations expose teacher candidates to and build understanding of specific criteria of effective teacher practices, as well as deepen their content knowledge for teaching. May include teacher educator modeling, student work, videos and transcripts.

(53) [(46)] Residency--A supervised educator assignment for an entire school year through a partnership between an EPP and a public school accredited by the TEA or other school approved by the TEA for this purpose that may lead to completion of an enhanced standard certificate.

(54) [(47)] School day--Actual school attendance days during the regular academic school year, including a partial day or extended day that students attend school for instructional purposes as adopted by the district or governing body of the school, excluding weekends, holidays, summer school, etc.

(55) [(48)] School year--The period of time starting with the first instructional day for students through the last instructional day for students as identified on the calendar of the campus or district for the school year in which the candidate is completing the clinical experience.

(56) [(49)] Site supervisor--For a practicum candidate, an educator who is assigned collaboratively by the campus or district administrator and the EPP and who supports the candidate during the practicum experience.

(57) [(50)] Standard certificate--A type of certificate issued to an individual who has met all requirements for a given class of certification, as specified in §230.33 of this title.

(58) [(51)] Students with disabilities--A student who is eligible to participate in a school district's special education program under TEC [Texas Education Code], §29.003, is covered by Section 504, Rehabilitation Act of 1973 (29 USC Section 794), or is covered by the Individuals with Disabilities Education Act (20 USC Section 1400 et seq.).

(59) [(52)] Substitute teacher--An individual who serves in place of a teacher of record in a classroom in an accredited public or private school.

(61) [(53)] Teacher of record--An educator who is employed by a school or district and who teaches in an academic instructional setting or a career and technical instructional setting not less than an average of four hours each day and is responsible for evaluating student achievement and assigning grades.

(62) [(54)] Texas Education Agency staff--Staff of the TEA assigned by the commissioner of education to perform the SBEC's administrative functions and services.

(63) [(55)] Texas Essential Knowledge and Skills (TEKS)--The Kindergarten-Grade 12 state curriculum in Texas adopted by the State Board of Education and used as the foundation of all state certification examinations.

§ 228.6. Implementation Date.

The provisions of this chapter are effective September 1, 2026 [2024], unless otherwise specified in rule.

(1) At the determination of the educator preparation program (EPP), candidates admitted into an EPP prior to September 1, 2024, are eligible to finish preparation program requirements under the Legacy Chapter 228 rules or may complete requirements under the new rules and credit requirements completed under the Legacy Chapter 228 rules.

(A) Regardless of the preparation program requirements approved by an EPP via provisions in this paragraph [(1) of this subsection], for the purposes of formal observations, clinical experiences in Subchapter E of this chapter (relating to Educator Candidate Clinical Experiences), that begin on or after September 1, 2024, must meet the frequency and duration requirements in §§228.103 [#167;§228.103(b)(1)] of this title (relating to Formal Observations for Candidates in Residency Assignments), 228.105 [228.105(b)] of this title (relating to Formal Observations for All Candidates for Initial Classroom Teacher Certification), 228.107 [228.105(c)(1) of this title, 228.107(b)] of this title (relating to Formal Observations for Candidates in Clinical Teaching and Pre-internship Clinical Teaching Assignments), 228.109 [228.107(d) of this title, 228.109(b)(1)] of this title (relating to Formal Observations for Candidates in Internship Assignments), [228.109(b)(2) of this title, 228.109(c)(1) of this title, 228.109(c)(2) of this title,] and 228.111 of this title (relating to Formal Observations for Candidates Employed as Educational Aides).

(B) Candidates must complete all requirements under Legacy Chapter 228 rules by August 31, 2026.

(2) Candidates admitted into an EPP on or after September 1, 2024, are subject to [all] requirements in this chapter that were effective at the time of admission.

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 March 2, 2026.

TRD-202601048

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

SUBCHAPTER B. APPROVAL OF EDUCATOR PREPARATION PROGRAMS

STATUTORY AUTHORITY. The amendment is proposed under 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 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)(2)-(4), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(e), which states a rule proposed by the SBEC under this section relating to educator preparation is not subject to Texas Government Code, §2001.0045; TEC, §21.0412, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which defines the types and validity period of teaching certificates: standard, enhanced standard, intern with preservice, and intern; TEC, §21.044, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which identify instructional materials and training requirements that must be included in training provided by EPPs participating in a Preparing and Retaining Educators Through Partnership Preservice Program (PREP); TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs, and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §§21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish three teacher preparation routes: traditional, residency, alternative, and foundational requirements for each; TEC, §21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, including expanded authority to review for quality, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public through its internet website and gives the SBEC authority to require any person to give information to the SBEC for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the SBEC's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours; TEC, §21.046(c), which requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success; TEC, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the SBEC; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of EPPs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for EPPs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which requires the SBEC to include hours of field-based experience in the hours of coursework required for certification and allows the SBEC to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; TEC, §21.051, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; TEC, §21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which gives the commissioner of education authority to develop and make available training materials for use in EPPs; and TEC, §§21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish requirements for PREP programs and require the commissioner of education and the SBEC to establish rules to implement the requirements; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§21.003(a), 21.031; 21.041(b)(1)-(4) and (e); 21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044; 21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0441; 21.0442(c); 21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b) and (c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); 21.04891; 21.049(a); 21.0491; 21.050(a)-(c); 21.051; 21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and 21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and Texas Occupations Code, §55.007.

§ 228.15. Additional Approval.

(a) An alternative certification program seeking approval to implement a clinical teaching component shall submit a description of the following elements of the program for approval by Texas Education Agency (TEA) staff on an application in a form developed by TEA staff that shall include, at a minimum, the following:

(1) general clinical teaching program description, including conditions under which clinical teaching may be implemented;

(2) selection criteria for clinical teachers;

(3) selection criteria for cooperating teachers;

(4) description of support and communication between candidates, cooperating teachers, and the alternative certification program;

(5) description of program supervision; and

(6) description of how candidates are evaluated.

(b) An educator preparation program (EPP) seeking approval to implement a residency route as defined in §228.2 of this title (relating to Definitions) [residency program] must submit a complete application in a form developed by TEA staff for consideration and approval by the State Board for Educator Certification (SBEC). The application must include evidence indicating the ability to comply with the provisions of this chapter, [and] Chapter 230 of this title (relating to Professional Educator Preparation and Certification), and Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates). Residency programs approved by the SBEC prior to the 2026-2027 academic year are approved to offer the residency route for the 2026-2027 academic year only.

(1) For 2027-2028 academic year approval to offer a residency route, only SBEC-approved residency programs approved by the SBEC prior to the 2026-2027 academic year are eligible to complete the application process. To determine whether the EPP's evidence of compliance is sufficient, the program shall be scored on a rubric developed and published by TEA staff. Requirements and evidence [Evidence] of compliance for the 2027-2028 academic year are [is] described in the figure provided in this paragraph.

Figure: 19 TAC §228.15(b)(1) (.pdf)

[Figure: 19 TAC §228.15(b)(1)]

(3) [(2)] TEA staff will review the application and required evidence and shall recommend to the SBEC whether the residency route [residency program] should be approved.

(6) [(3)] A post-approval site visit will be conducted during the program's scheduled five-year continuing approval review that occurs after the first year [after the end of the first academic year] in which the program reports residency completers to the TEA in accordance with §229.3 of this title (relating to Required Submissions of Information, Surveys, and Other Data).

(e) [(c)] An EPP seeking the addition of certificate categories and classes must comply with the following as applicable.

(1) An EPP that is rated Accredited, as provided in §229.4 of this title (relating to Determination of Accreditation Status), may request the addition of a certificate class that has not been previously approved by the SBEC but must present a complete application in a form developed by TEA staff for consideration and approval by the SBEC. The application at a minimum must include the components identified in §228.11(a)(1) of this title (relating to New Entity Approval) and must document evidence that the EPP has the staff knowledge and expertise to support individuals participating in the certificate class being requested.

(2) An EPP that is rated Accredited, as provided in §229.4 of this title, may request additional certificate categories be approved by TEA staff if the requested additional certificate categories are within the classes of certificates for which the EPP has been previously approved by the SBEC, by submitting an application in a form developed by TEA staff. The application shall include, at a minimum, the curriculum matrix, a description of how the educator standards for the certificate are incorporated into the coursework and training; and documentation showing that the program has the staff knowledge and expertise to support individuals participating in the certificate category being requested. The curriculum matrix must include the educator standards, the test framework competencies, the applicable Texas Essential Knowledge and Skills, the course and/or module names, and the benchmarks and assessments used to measure mastery of the standards and competencies and candidate progress through coursework.

(3) An EPP rated Accredited, as provided in §229.4 of this title, and currently approved to offer a certificate for which the SBEC is changing the grade level of the certificate may request to offer the preapproved category at different grade levels if the requested additional certificate categories are within the classes of certificates for which the EPP has been previously approved by the SBEC, by submitting an application in a form developed by TEA staff that shall include, at a minimum, a modified curriculum matrix that includes:

(A) the educator standards;

(B) test framework competencies;

(C) course and/or module names; and

(D) the benchmarks and assessments used to measure successful program progress.

(4) An EPP that has an accreditation status other than Accredited, as listed in §229.4 of this title, may not apply to offer additional certificate categories or classes of certificates.

(f) [(d)] An EPP that is rated Accredited, may open additional locations, provided the program informs TEA staff of any additional locations at which the program is providing educator preparation 60 days prior to providing educator preparation at the location. Additional program locations must operate in accordance with the program components under which the program has been approved to operate. An EPP that has an accreditation status listed in §229.4 of this title other than Accredited may not open additional locations.

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 March 2, 2026.

TRD-202601049

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

SUBCHAPTER C. ADMINISTRATION AND GOVERNANCE OF EDUCATOR PREPARATION PROGRAMS

STATUTORY AUTHORITY. The amendment is proposed under 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 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)(2)-(4), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(e), which states a rule proposed by the SBEC under this section relating to educator preparation is not subject to Texas Government Code, §2001.0045; TEC, §21.0412, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which defines the types and validity period of teaching certificates: standard, enhanced standard, intern with preservice, and intern; TEC, §21.044, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which identify instructional materials and training requirements that must be included in training provided by EPPs participating in a Preparing and Retaining Educators Through Partnership Preservice Program (PREP); TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs, and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §§21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish three teacher preparation routes: traditional, residency, alternative, and foundational requirements for each; TEC, §21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, including expanded authority to review for quality, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public through its internet website and gives the SBEC authority to require any person to give information to the SBEC for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the SBEC's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours; TEC, §21.046(c), which requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success; TEC, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the SBEC; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of EPPs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for EPPs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which requires the SBEC to include hours of field-based experience in the hours of coursework required for certification and allows the SBEC to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; TEC, §21.051, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; TEC, §21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which gives the commissioner of education authority to develop and make available training materials for use in EPPs; and TEC, §§21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish requirements for PREP programs and require the commissioner of education and the SBEC to establish rules to implement the requirements; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§21.003(a), 21.031; 21.041(b)(1)-(4) and (e); 21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044; 21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0441; 21.0442(c); 21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b) and (c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); 21.04891; 21.049(a); 21.0491; 21.050(a)-(c); 21.051; 21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and 21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and Texas Occupations Code, §55.007.

§ 228.25. Governance of Educator Preparation Programs.

(a) The preparation of educators shall be a collaborative effort among public schools accredited by the Texas Education Agency (TEA) and/or TEA-recognized private schools; regional education service centers; institutions of higher education; and/or business and community interests; and shall be delivered in cooperation with public schools accredited by the TEA and/or TEA-recognized private schools.

(b) An advisory committee with members representing at least three out of the five groups identified as collaborators in subsection (a) of this section shall assist in the design, delivery, evaluation, and major policy decisions of the educator preparation program (EPP) and shall meet a minimum of once during each academic year. The approved EPP shall inform each member of the advisory committee of the roles and responsibilities of the advisory committee.

(c) The governing body and chief operating officer of an EPP shall provide sufficient support to enable the EPP to meet all standards set by the State Board for Educator Certification (SBEC) [SBEC] and shall be accountable for the quality of the EPP and the candidates whom the EPP recommends for certification.

(d) For an EPP that the SBEC [State Board for Educator Certification] has approved to offer a residency program under §228.65 of this title (relating to Residency), the EPP must meet at least quarterly with district and campus administrators of the school district with which the EPP has partnered, including the campus supervisors of all the EPP's current residency candidates, to review data, including performance data, for the EPP's current residency candidates and to make programmatic decisions or changes to implement continuous improvement of the EPP's residency program.

(f) [(e)] For the purposes of EPP improvement, an EPP shall continuously evaluate the design and delivery of the EPP components based on performance data, scientifically based research practices, and the results of internal and external feedback and assessments.

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 March 2, 2026.

TRD-202601050

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

SUBCHAPTER D. REQUIRED EDUCATOR COURSEWORK AND TRAINING

STATUTORY AUTHORITY. The amendments are proposed under 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 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)(2)-(4), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(e), which states a rule proposed by the SBEC under this section relating to educator preparation is not subject to Texas Government Code, §2001.0045; TEC, §21.0412, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which defines the types and validity period of teaching certificates: standard, enhanced standard, intern with preservice, and intern; TEC, §21.044, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which identify instructional materials and training requirements that must be included in training provided by EPPs participating in a Preparing and Retaining Educators Through Partnership Preservice Program (PREP); TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs, and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §§21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish three teacher preparation routes: traditional, residency, alternative, and foundational requirements for each; TEC, §21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, including expanded authority to review for quality, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public through its internet website and gives the SBEC authority to require any person to give information to the SBEC for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the SBEC's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours; TEC, §21.046(c), which requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success; TEC, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the SBEC; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of EPPs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for EPPs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which requires the SBEC to include hours of field-based experience in the hours of coursework required for certification and allows the SBEC to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; TEC, §21.051, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; TEC, §21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which gives the commissioner of education authority to develop and make available training materials for use in EPPs; and TEC, §§21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish requirements for PREP programs and require the commissioner of education and the SBEC to establish rules to implement the requirements; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §§21.003(a), 21.031; 21.041(b)(1)-(4) and (e); 21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044; 21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0441; 21.0442(c); 21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b) and (c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); 21.04891; 21.049(a); 21.0491; 21.050(a)-(c); 21.051; 21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and 21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and Texas Occupations Code, §55.007.

§ 228.31. Minimum Educator Preparation Program Obligations to All Candidates.

(a) Each educator preparation program (EPP) must develop and implement a calendar of program activities that must include a deadline for accepting candidates into a program cycle to assure adequate time for admission, coursework, training, and field-based experience requirements prior to a clinical teaching or internship experience. If an EPP accepts candidates after the deadline, the EPP must develop and implement a calendar of program activities to assure adequate time for admission, coursework, training, and field-based experience requirements prior to a clinical teaching experience or internship or, if a late hire, by the specified deadline in the late hire provision.

(b) All EPPs shall have a published exit policy for dismissal of candidates that is reviewed and signed by candidates upon admission. The exit policy must identify a point of dismissal for inactive candidates after no more than two years of inactivity, or university-based EPPs may adopt their institution's policy. An inactive candidate is one who is no longer completing coursework, training, and testing requirements with an EPP and is not a completer of the EPP.

(c) To ensure that a candidate for educator certification is prepared to receive a standard or enhanced standard certificate, the EPP shall establish benchmarks and structured assessments of the candidate's progress throughout the EPP and provide support and interventions to each candidate based on the benchmark and structured assessment results.

(f) [(d)] An EPP is responsible for ensuring that each candidate is adequately prepared to pass the appropriate examination(s) required for certification. An EPP shall determine the readiness of each candidate to take the appropriate certification examination of content, pedagogy, and professional responsibilities, including professional ethics and standards of conduct.

(g) [(e)] The EPP shall grant test approval when the EPP determines the candidate is ready, or if the candidate is a completer. An EPP may make test approval contingent on a candidate completing additional coursework and/or training to show that the candidate is prepared to pass the test if the candidate is seeking test approval from the EPP in an area where the standards and/or test changed since the candidate completed all requirements of the EPP or if the candidate has returned to the EPP for test approval one or more years following the academic year of completion of all program requirements.

(h) [(f)] Upon the written request of the candidate, an EPP may prepare a candidate and grant test approval for a classroom teacher certificate category other than the category for which the candidate was initially admitted to the EPP only if:

(1) the candidate would meet the requirements for admission under §227.10 of this title (relating to Admission Criteria) in the requested certificate category;

(2) the EPP provides coursework and training in the educator standards and test framework competencies related to the requested certificate category; and

(3) the EPP ensures that the candidate is adequately prepared to pass the appropriate content pedagogy examination(s) required for the requested certificate category.

(i) [(g)] An EPP shall not grant test approval for a certification examination until a candidate has met all of the requirements for admission to the EPP and has been contingently or formally admitted into the EPP.

(j) [(h)] An EPP shall ensure that candidates complete all coursework and training and complete a successful clinical experience prior to identifying the candidate as a completer and recommending standard or enhanced standard certification. Candidates for teacher certification that meet one of the requirements in §228.79 of this title (relating to Exemptions from Required Clinical Experiences for Classroom Teacher Candidates) are exempt from completing the required field-based experience and clinical experience.

(k) [(i)] An EPP shall retain documents that evidence a candidate's eligibility for admission to the program and evidence of completion of all program requirements for a period of five years after a candidate completes, withdraws from, or is discharged or released from the program.

(l) [(j)] During the period of preparation, the EPP shall ensure that the individuals preparing candidates and the candidates themselves understand and adhere to Chapter 247 of this title (relating to Educators' Code of Ethics).

§ 228.33. Preparation Program Coursework and/or Training for All Certification Classes.

(a) An educator preparation program (EPP) shall provide coursework and/or training to adequately prepare candidates for educator certification and ensure the educator is effective in the assignment.

(b) Coursework and/or training shall be sustained, rigorous, intensive, interactive, candidate-focused, and must include multiple performance tasks and other evaluative tools that require candidates to demonstrate proficiency in the educator standards and test framework competencies related to the certificate class or category sought.

(c) All coursework and/or training shall be completed prior to an EPP identifying a candidate as a completer and recommending standard or enhanced standard certification.

(e) [(d)] Coursework and training that is offered online must meet criteria set for accreditation, quality assurance, and/or compliance with one or more of the following:

(1) Accreditation or Certification by the Distance Education Accrediting Commission;

(2) Program Design and Teaching Support Certification by Quality Matters;

(3) Part 1, Chapter 2, Subchapter J, [Rule] §2.204 of this title (relating to Distance Education Standards and Criteria; the Principles of Good Practice for Distance Education [Approval of Distance Education Courses and Programs for Public Institutions]); or

(4) Part 1, Chapter 7, of this title (relating to Degree Granting Colleges and Universities Other than Texas Public Institutions).

§ 228.35. Substitution of Applicable Experience and Training.

(a) Each educator preparation program (EPP) must develop and implement specific criteria and procedures that allow:

(1) military service member or military veteran candidates to credit verified military service, training, clinical and professional experience, or education toward the training, education, work experience, or related requirements (other than certification examinations) for educator certification requirements, provided that the military service, training, or education is directly related to the certificate being sought;

(2) candidates who are not military service members or military veterans to substitute prior or ongoing service, training, or education, provided that the experience, education, or training is not also counted as a part of the internship, clinical teaching, or practicum requirements, was provided by an approved EPP or an accredited institution of higher education within the past five years, and is directly related to the certificate being sought; and

(3) candidates who previously completed a graduate program from a program approved to offer the Deafblind Early Childhood-Grade 12 certificate to receive test approval from the EPP. The EPP may require additional coursework.

§ 228.41. Preservice [Pre-Service] Coursework and Training for Classroom Teacher Candidates.

(a) Unless a candidate qualifies as a late hire under §228.55 of this title (relating to Late Hire Candidates), a candidate shall complete the following prior to any clinical teaching, internship, or residency:

(1) a minimum of 50 clock-hours of field-based experiences that are integrated into coursework and are completed as described in §228.43 of this title [chapter] (relating to Preservice [Pre-Service] Field-Based Experiences for Classroom Teacher Candidates); and

(2) 150 clock-hours of coursework and/or training as prescribed in §228.57 of this title (relating to Educator Preparation Curriculum) that allows candidates to demonstrate proficiency through performance tasks in the following pedagogical skills. [:]

§ 228.43. Preservice [Pre-Service] Field-Based Experiences for Classroom Teacher Candidates.

(b) [(a)] An EPP [educator preparation program (EPP)] shall require each candidate to complete field-based experiences in a variety of authentic school settings with diverse student populations, including observation of teachers modeling effective practices to improve student learning and opportunities for candidates to practice skills and receive feedback.

(c) Field-based experiences must include, at a minimum, 25 clock-hours in which the candidate, under the direction of the EPP, is actively engaged in instructional or educational activities.

(1) Field-based experiences must be conducted in settings that include all of the following:

(A) authentic school settings in a public school accredited by the Texas Education Agency (TEA) or other school approved by the TEA for this purpose, including all Department of Defense Education Activity (DoDEA) schools, wherever located, and all schools accredited by the Texas Private School Accreditation Commission (TEPSAC);

(B) instruction by content certified teachers;

(C) actual students in classrooms/instructional settings with identity-proof provisions; and

(D) content or grade-level specific classrooms/instructional settings.

(2) Field-based experiences include candidates engaging with activities such as:

(A) small group instruction;

(B) tutoring;

(C) presenting whole class instruction;

(D) one-on-one student support;

(E) practicing classroom management skills;

(F) supporting lead teacher instruction; and

(G) coteaching.

(3) Each field-based experience must include a written reflection of the experience that:

(A) is guided by the EPP;

(B) is unique from the other reflections;

(C) includes a detailed reflection of each field-based experience; and

(D) identifies educational practices observed and/or experienced.

(4) The time spent writing the written reflection does not count toward the required 25 clock-hours for field-based experiences.

(d) Up to 25 clock-hours of field-based experience may be provided by use of electronic transmission or other video or technology-based method; service as a teacher of record, service as an educational aide, and service as a substitute teacher; and must be under the direction of the EPP.

(1) The field-based experience setting must include:

(A) authentic school settings in an accredited public or private school;

(B) instruction by content certified teachers;

(C) actual students in classrooms/instructional settings with identity-proof provisions; and

(D) content or grade-level specific classrooms/instructional settings.

(2) Each field-based experience must include a written reflection of the observation that:

(A) is guided by the EPP;

(B) is unique from the other reflections;

(C) includes a detailed reflection of each field-based experience; and

(D) identifies educational practices observed and/or experienced.

(3) The time spent writing the written reflection does not count toward the required 25 clock-hours for field-based experiences.

(4) Field-based experience hours identified in this subsection must occur after the candidate's admission into the EPP. The candidate's experience in instructional or educational activities, including reflections as described in paragraph (2) of this subsection, must be documented by the EPP and must be obtained at a public or private school accredited or approved for this purpose by the TEA.

(e) Up to 15 clock-hours of field-based experience may be satisfied by serving as a long-term substitute (as defined in §228.2 of this title) either after the candidate's admission to an EPP or during the two years before the candidate's admission to an EPP. The candidate's experience in instructional or educational activities must be documented by the EPP and must be obtained at a public or private school accredited or approved for this purpose by the TEA.

(f) An EPP may apply to use a public school, a private school, or a school system located within any state or territory of the United States as a site for field-based experience in accordance with §228.63(f) of this title (relating to Locations for Required Clinical Experiences).

§ 228.45. Coursework and Training Requirements for Early Childhood: Prekindergarten-Grade 3 Certification.

(a) An educator preparation program (EPP) must provide a minimum of 300 clock-hours of coursework and/or training related to the educator standards for the Early Childhood: Prekindergarten-Grade 3 certificate adopted by the State Board for Educator Certification (SBEC) as specified in Chapter 235, Subchapter B, of this title (relating to Early Childhood [Elementary School] Certificate Standards).

(b) An EPP shall provide each candidate who holds a valid standard, provisional, or one-year classroom teacher 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 with a minimum of 150 clock-hours of coursework and/or training that is directly aligned to the educator standards as specified in Chapter 235, Subchapter B, of this title. A clinical teaching, internship, or practicum assignment is not required for completion of program requirements.

(c) An EPP shall provide each candidate who holds a valid standard, provisional, or one-year classroom teacher certificate as specified in §230.31 of this title in a certificate category that does not allow the candidate to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3 coursework and/or training as specified in §228.33 of this title (relating to Preparation Program Coursework and/or Training for All Certification Classes) and §228.37 of this title (relating to Coursework and Training for Classroom Teacher Candidates [of this section]) that is directly aligned to the educator standards as specified in Chapter 235, Subchapter B, of this title. An EPP shall also provide such a candidate a clinical experience as specified in §228.61(a) of this title (relating to Required Clinical Experiences) and §228.63 of this title (relating to Locations for Required Clinical Experiences), an intern mentor teacher [a mentor] or cooperating teacher as specified in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences), and field supervision and ongoing support as specified in Subchapter F of this chapter.

§ 228.55. Late Hire Candidates.

(a) A late hire for a school district teaching position may begin an internship [employment] under a two-year intern [an intern or probationary] certificate before completing the preservice coursework and training [pre-internship] requirements under §228.41 of this title (relating to Preservice [Pre-Service] Coursework and Training for Classroom Teacher Candidates) and §228.43 of this title (relating to Preservice [Pre-Service] Field-Based Experiences for Classroom Teacher Candidates) but shall complete these requirements by the end of the first half of the internship [within 90 business days of the hire date].

(b) With appropriate documentation such as certificate of attendance, sign-in sheet, or other written school district verification, 50 clock-hours of preservice coursework and [pre-internship] training required in subsection (a) of this section may be provided by a school district and/or campus that is a Texas Education Agency (TEA)-approved continuing professional education provider to a candidate who is considered a late hire. The training provided by the school district and/or campus must meet the criteria described in Texas Education Code, §21.451, and must be directly related to the certificate being sought.

(c) A candidate that does not complete the preservice [pre-internship] requirements under §228.41 of this title and §228.43 of this title by the end of the first half of the internship as required in subsection (a) of this section [within 90 business days of the hire date] is not qualified for the two-year intern [or probationary] certificate. The educator preparation program shall then notify TEA staff to deactivate the two-year intern [or probationary] certificate in accordance with §228.73(h) of this title (relating to Internship).

§ 228.57. Educator Preparation Curriculum.

(a) The educator standards adopted by the State Board for Educator Certification (SBEC) shall be the curricular basis for all educator preparation and, for each certificate, address the relevant Texas Essential Knowledge and Skills (TEKS).

(b) The curriculum for each educator preparation program (EPP) shall rely on scientifically based research to ensure educator effectiveness and include opportunities for candidate practice in increasingly more authentic and developmentally rigorous ways, including analysis, representations, and enactments of instructional pedagogies and opportunities to receive feedback and adjust practice during coursework, training and field-based and clinical experiences.

(c) The following subject matter shall be included in the curriculum for candidates seeking initial certification in any certification class:

(1) the code of ethics and standard practices for Texas educators, pursuant to Chapter 247 of this title (relating to Educators' Code of Ethics) as well as Chapter 249, Subchapter B, of this title (relating to Enforcement Actions and Guidelines), which include:

(A) professional ethical conduct, practices, and performance;

(B) ethical conduct toward professional colleagues; and

(C) ethical conduct toward students;

(2) instruction in detection and education of students with dyslexia by an approved provider as indicated in Texas Education Code (TEC), §21.044(b);

(3) instruction regarding mental health, substance abuse, and youth suicide, as indicated in TEC, §21.044(c-1). Instruction acquired from the list of recommended best practice-based programs or from an accredited institution of higher education or an alternative certification program as part of a degree plan shall be implemented as required by the provider of the best practice-based program or research-based practice;

(4) the skills that educators are required to possess, the responsibilities that educators are required to accept, and the high expectations for all students in this state, including students with disabilities;

(5) the importance of building strong classroom management skills;

(6) the framework in this state for teacher and principal evaluation;

(7) appropriate relationships, boundaries, and communications between educators and students;

(8) instruction in digital learning, virtual instruction, and virtual learning, as defined in TEC, §21.001, including a digital literacy evaluation followed by a prescribed digital learning curriculum. The instruction required must:

(A) be aligned with the latest version of the International Society for Technology in Education's (ISTE) standards as appears on the ISTE website;

(B) provide effective, evidence-based strategies to determine a person's degree of digital literacy;

(C) cover best practices in:

(i) assessing students receiving virtual instruction, based on academic progress; and

(ii) developing a virtual learning curriculum; and

(D) include resources to address any deficiencies identified by the digital literacy evaluation;

(9) instruction regarding students with disabilities, the use of proactive instructional planning techniques, and evidence-based inclusive instructional practices, as required under TEC, §21.044(a-1)(1)-(3); and

(10) instruction in the open education resources instructional materials included on the list of approved instructional materials maintained by the State Board of [for] Education under TEC, §31.022, in each subject area and grade level covered by the candidate's certification category, as required under TEC, §21.044(a-1)(4). A preparation program may not include instruction on the use of instructional materials that incorporate the method of three-cueing, as defined by TEC, §28.0062(a-1), into foundational skills reading instruction, as required under TEC, §21.044(h).

(d) The following subject matter shall be included in the curriculum for candidates seeking initial certification in the classroom teacher certification class:

(1) the relevant TEKS, including the English Language Proficiency Standards;

(2) reading instruction, including instruction that improves students' content-area literacy;

(3) for certificates that include early childhood and prekindergarten, the Prekindergarten Guidelines; and

(4) the skills and competencies as prescribed in Chapter 235 of this title (relating to Classroom Teacher Certification Standards) and captured in the Texas teacher standards in Chapter 149, Subchapter AA, of Part 2 of this title (relating to Teacher Standards).

(e) The following educator content standards from Chapter 235 of this title shall be included in the curriculum for candidates who hold a valid standard, provisional, or one-year classroom teacher certificate specified in §230.31 of this title (relating to Types of Certificates) in a certificate category that allows the candidates who are seeking the Early Childhood: Prekindergarten-Grade 3 certificate to teach all subjects in Prekindergarten, Kindergarten, Grade 1, Grade 2, or Grade 3:

(1) child development provisions of the Early Childhood: Prekindergarten-Grade 3 Content Standards;

(2) Early Childhood-Grade 3 Pedagogy and Professional Responsibilities Standards; and

(3) Science of Teaching Reading Standards.

(g) [(f)] For candidates seeking certification in the Principal certification class, the curriculum shall also include the skills and competencies captured in the Texas administrator standards, as indicated in Chapter 149, Subchapter BB, of Part 2 of this title (relating to Administrator Standards).

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 March 2, 2026.

TRD-202601051

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

STATUTORY AUTHORITY. The repeal is proposed under 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 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)(2)-(4), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(e), which states a rule proposed by the SBEC under this section relating to educator preparation is not subject to Texas Government Code, §2001.0045; TEC, §21.0412, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which defines the types and validity period of teaching certificates: standard, enhanced standard, intern with preservice, intern; TEC, §21.044, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which identify instructional materials and training requirements that must be included in training provided by EPPs participating in a Preparing and Retaining Educators Through Partnership Preservice Program (PREP); TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs, and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §§21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish three teacher preparation routes: traditional, residency, alternative, and foundational requirements for each; TEC, §21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, including expanded authority to review for quality, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public through its internet website and gives the SBEC authority to require any person to give information to the SBEC for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the SBEC's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours; TEC, §21.046(c), which requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success; TEC, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the SBEC; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of EPPs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for EPPs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which requires the SBEC to include hours of field-based experience in the hours of coursework required for certification and allows the SBEC to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; TEC, §21.051, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; TEC, §21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which gives the commissioner of education authority to develop and make available training materials for use in EPPs; and TEC, §§21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish requirements for PREP programs and require the commissioner of education and the SBEC to establish rules to implement the requirements; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, §§21.003(a), 21.031; 21.041(b)(1)-(4) and (e); 21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044; 21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0441; 21.0442(c); 21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b) and (c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); 21.04891; 21.049(a); 21.0491; 21.050(a)-(c); 21.051; 21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and 21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and Texas Occupations Code, §55.007.

§ 228.39. Intensive Pre-Service.

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 March 2, 2026.

TRD-202601053

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

SUBCHAPTER E. EDUCATOR CANDIDATE CLINICAL EXPERIENCES

STATUTORY AUTHORITY. The amendments and new section are proposed under 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 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)(2)-(4), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(e), which states a rule proposed by the SBEC under this section relating to educator preparation is not subject to Texas Government Code, §2001.0045; TEC, §21.0412, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which defines the types and validity period of teaching certificates: standard, enhanced standard, intern with preservice, and intern; TEC, §21.044, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which identify instructional materials and training requirements that must be included in training provided by EPPs participating in a Preparing and Retaining Educators Through Partnership Preservice Program (PREP); TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs, and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §§21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish three teacher preparation routes: traditional, residency, alternative, and foundational requirements for each; TEC, §21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, including expanded authority to review for quality, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public through its internet website and gives the SBEC authority to require any person to give information to the SBEC for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the SBEC's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours; TEC, §21.046(c), which requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success; TEC, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the SBEC; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of EPPs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for EPPs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which requires the SBEC to include hours of field-based experience in the hours of coursework required for certification and allows the SBEC to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; TEC, §21.051, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; TEC, §21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which gives the commissioner of education authority to develop and make available training materials for use in EPPs; and TEC, §§21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish requirements for PREP programs and require the commissioner of education and the SBEC to establish rules to implement the requirements; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The amendments and new section implement Texas Education Code, §§21.003(a), 21.031; 21.041(b)(1)-(4) and (e); 21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044; 21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0441; 21.0442(c); 21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b) and (c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); 21.04891; 21.049(a); 21.0491; 21.050(a)-(c); 21.051; 21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and 21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and Texas Occupations Code, §55.007.

§ 228.61. Required Clinical Experiences.

(a) To prepare a candidate for initial certification in the classroom teacher certification class, an educator preparation program (EPP) shall provide the candidate one of the following:

(1) clinical teaching that meets the standards in §228.67 of this title (relating to Clinical Teaching); or

(2) [(3)] an internship that meets the requirements of §228.73 of this title (relating to Internship); or

(3) [(4)] a residency that meets the requirements of §228.65 of this title (relating to Residency).

(c) [(b)] Candidates participating in an internship or a clinical teaching assignment must experience a full range of professional responsibilities that shall include the start of the school year. The start of the school year is defined as the first 15 instructional days of the school year. If these experiences cannot be provided through clinical teaching or an internship, they must be provided through field-based experiences, or for a preservice alternative certification program, through the pre-internship clinical teaching assignment.

(d) [(c)] To prepare a candidate for initial certification in a class other than classroom teacher, an EPP shall provide a practicum for a minimum of 160 clock-hours that meets the requirements in §228.81 of this title (relating to Clinical Experience for Certification Other Than Classroom Teacher).

§ 228.63. Locations for Required Clinical Experiences.

(a) An internship, pre-internship clinical teaching, clinical teaching, practicum, or residency experience must take place in-person in a Prekindergarten-Grade 12 school setting rather than a distance learning lab or virtual school setting.

(b) An internship, pre-internship clinical teaching, clinical teaching, or residency experience for certificates that include early childhood may be completed at a Head Start Program with the following stipulations:

(1) a certified teacher is available as a trained mentoring educator [mentor];

(2) the Head Start program is affiliated with the federal Head Start program and approved by the Texas Education Agency (TEA);

(3) the Head Start program teaches three- and four-year-old students; and

(4) the state's prekindergarten curriculum guidelines are being implemented.

(c) An internship, pre-internship clinical teaching, clinical teaching, practicum, or residency experience shall not take place in a setting where the candidate:

(1) has an administrative role over the intern mentor teacher [mentor], cooperating teacher, site supervisor, or host teacher; or

(2) is related to the field supervisor, intern mentor teacher [mentor], cooperating teacher, site supervisor, or host teacher by blood (consanguinity) within the third degree or by marriage (affinity) within the second degree.

(d) School districts and charter schools authorized under Texas Education Code, Chapter 12, all Department of Defense Education Activity (DoDEA) schools, wherever located, and all schools accredited by the Texas Private School Accreditation Commission (TEPSAC) are approved by the TEA for purposes of internship, clinical teaching, practicum, and/or residency.

(e) Subject to all the requirements of this section, the TEA may approve a school that is not a public school accredited by the TEA as a site for internships, clinical teaching, practicums, and/or residency.

(f) An educator preparation program (EPP) may file an application, with the appropriate fee specified in §229.9 of this title (relating to Fees for Educator Preparation Program Approval and Accountability), with the TEA for approval, subject to periodic review, of a public or private school for a candidate's placement located within any state or territory of the United States, as a site for clinical teaching or [,] practicum[, or residency] required by this chapter.

(1) The clinical teaching or [,] practicum[, or residency] site may be approved for a candidate who must complete requirements outside the state of Texas due to the following reasons if they occur following admission to the EPP:

(A) military assignment of candidate or spouse;

(B) illness of candidate or family member for whom the candidate is the primary caretaker;

(C) candidate becomes the primary caretaker for a family member residing out of state; or

(D) candidate or spouse transfer of employment.

(2) The application shall identify the circumstances that necessitate the request to complete clinical teaching or [, practicum[, or residency] outside of the state of Texas and be in a form developed by TEA staff and shall include, at a minimum:

(A) the accreditation(s) held by the school;

(B) a crosswalk comparison of the alignment of the instructional standards of the school with those of the applicable Texas Essential Knowledge and Skills and State Board for Educator Certification educator [certification] standards;

(C) the certification, credentials, and training of the field supervisor(s) who will supervise candidates in the school; and

(D) the measures that will be taken by the EPP to ensure that the candidate's experience will be equivalent to that of a candidate in a Texas public school accredited by the TEA.

(g) An EPP may file an application, with the appropriate fee specified in §229.9 of this title, with the TEA for approval, subject to periodic review, of a public or private school for a candidate's placement located outside the United States, as a site for clinical teaching or[,] practicum[, or residency] required by this chapter.

(1) The site may be approved for a candidate who must complete requirements outside the United States due to the following reasons if they occur following admission to the EPP:

(A) military assignment of candidate or spouse;

(B) illness of candidate or family member for whom the candidate is the primary caretaker;

(C) candidate becomes the primary caretaker for a family member residing out of country; or

(D) candidate or spouse transfer of employment.

(2) The application shall identify the circumstances that necessitate the request to complete clinical teaching or [,] practicum[ , or residency] outside of the United States and be in a form developed by TEA staff and shall include, at a minimum:

(A) the same provisions required in subsection (f)(2) of this section for schools located within any state or territory of the United States;

(B) a description of the on-site program personnel and program support that will be provided;

(C) a description of any risks to candidate or supervising personnel associated with placement in the country specified in the application and options for mitigating risks; and

(D) a description of the school's recognition by the U.S. State Department Office of Overseas Schools.

§ 228.65. Residency.

(a) To offer a residency, an educator preparation program (EPP) shall provide the following programmatic requirements for a candidate prior to issuing an enhanced standard certificate as prescribed in §230.39 of this title (relating to Enhanced Standard Certificates):

(1) the residency must include a minimum of one full school year of clinical experience, including the first and last instructional days with students, in a classroom supervised by a host teacher in the classroom teacher assignment or assignments that match the certification category or categories for which the candidate is prepared by the EPP;

(2) the residency clinical experience must meet a minimum of 750 hours in total, with a minimum of 21 hours per week during a school week that does not include school district or campus closures or disruptions (e.g., inclement weather, holidays). In the event of a district or campus closure that results in the need for reduced residency clinical experience hours during a given week, the program must document the need for the reduced hours;

(3) the minimum may be reduced to no less than 700 hours if the candidate is absent from the clinical assignment due to a documented instance of parental leave, military leave, extended illness, or bereavement or for the completion of coursework related to earning a disciplinary degree with a teaching certificate; and

(4) the beginning date of a residency clinical experience for the purpose of field supervision is the first day of instruction with students in the school or district in which the residency takes place.

(b) An EPP offering a residency shall ensure that:

(1) residency candidates are assigned to one distinct field site for the duration of the residency. EPPs may allow exceptions with a documented process for candidates seeking certification in more than one certification category, candidates seeking certification in Early Childhood-Grade 12 certification categories, and candidates with reasonable human resources concerns. The program and the district must both sign documentation that the benefits of two placements outweigh the consequence of not assigning one distinct field placement. Candidates who receive exceptions shall be placed in no more than two distinct field sites;

(2) during the course of the residency, the residency candidate shall engage in increased responsibility for student instruction, including coteaching and leading classroom instruction for at least 400 hours; and

(3) a residency candidate must experience a full range of professional responsibilities during the residency.

(c) In addition to the benchmarks and structured assessments required under §228.31(c) of this title (relating to Minimum Educator Preparation Program Obligations to All Candidates), the EPP shall manage and support candidate progression through the dimensions described in subsection (f) of this section and determine readiness to proceed to the next level of increased responsibility for student instruction during the residency, including establishing performance gates with performance tasks observed and evaluated by the field supervisor that require residency candidates to demonstrate mastery of certain educator standards to progress to the next level of responsibility for student instruction. Performance gates must be conducted at least four times a year and occur at least twice per semester.

(d) The EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences) for the full term of the residency, unless, prior to the expiration of that term:

(1) the candidate resigns or is terminated by the school or district;

(2) the candidate is discharged or is released from the EPP;

(3) the candidate withdraws from the EPP; or

(4) the residency assignment does not meet the requirements described in this subchapter.

(e) If the candidate leaves the residency assignment for any of the reasons identified in subsection (d) of this section, the EPP, the campus or district personnel, and the candidate must inform each other within one calendar week of the candidate's last day in the assignment.

(f) A candidate participating in a residency shall be eligible for an enhanced standard certificate by completing all of the following:

(1) the requirements as prescribed in §230.39(b) of this title (relating to Enhanced Standard Certificates);

(2) programmatic requirements under subsections (a)-(c) of this section;

(3) the requirements of the following proficiencies in §150.1002 of Part 2 [II] of this title (relating to Assessment of Teacher Performance) for pedagogical skills that are used by the program and approved by the state and meet the Proficient performance level measure in each of the following dimensions:

(A) Planning Dimension 1.1: Standards and Alignment;

(B) Planning Dimension 1.2: Data and Assessment;

(C) Instruction Dimension 2.1: Achieving Expectations;

(D) Instruction Dimension 2.2: Content Knowledge and Expertise;

(E) Instruction Dimension 2.3: Communication;

(F) Learning Environment Dimension 3.1: Classroom Environment, Routines, and Procedures;

(G) Learning Environment Dimension 3.2: Managing Student Behavior;

(H) Learning Environment Dimension 3.3: Classroom Culture;

(I) Professional Practices and Responsibilities Dimension 4.1: Professional Demeanor and Ethics;

(J) Professional Practices and Responsibilities Dimension 4.2: Goal Setting; and

(K) Professional Practices and Responsibilities Dimension 4.3: Professional Development.

(g) A residency is successful when the candidate demonstrates proficiency in each of the educator standards for the assignment and the field supervisor, host teacher, and campus supervisor recommend to the EPP that the candidate should be recommended for an enhanced standard [a residency] certificate. If the field supervisor, host teacher, or campus supervisor do not recommend that the candidate should be recommended for an enhanced standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and the field supervisor, the host teacher, or the campus supervisor.

§ 228.67. Clinical Teaching.

(a) A candidate seeking initial certification as a classroom teacher must have a clinical teaching assignment for each subject area in which the candidate is seeking certification.

(b) The required duration of a clinical teaching assignment shall be a minimum of 490 hours. For the purposes of satisfying this requirement, the following provisions apply.

(1) At least 280 clinical teaching hours must be completed in the subject area and grade level of the certification sought, under the supervision of a cooperating teacher as specified in §228.91 of this title (relating to Intern Mentor Teachers [Mentors], Cooperating Teachers, Host Teachers, and Site Supervisors), including planning periods.

(2) The remaining clinical teaching hours may be accrued through additional instructional hours during the school day, Texas Essential Knowledge and Skills-based extracurricular activities that directly relate to the grade-level and subject area of the certification sought, and professional development hours that occur within the assignment start and end date. The candidate must be under the supervision of a certified educator for the remaining required hours of clinical teaching.

(3) The minimum required clinical teaching hours may be reduced to no less than 455 hours if the candidate is absent from the clinical teaching assignment due to a documented instance of parental leave, military leave, medical leave, or bereavement.

(c) For certification in more than one subject area that cannot be taught concurrently during the same period of the school day as the primary teaching assignment, at least 70 hours of the clinical teaching requirement in subsection (b)(2) of this section must be completed in each additional subject area if and only if:

(1) the educator preparation program (EPP) is approved to offer preparation in the certification category required for the additional assignment;

(2) the EPP provides ongoing support for each assignment as prescribed in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences);

(3) the EPP provides coursework and training for each assignment to adequately prepare the candidate to be effective in the classroom; and

(4) the campus administrator agrees to assign a qualified cooperating teacher appropriate to each assignment.

(d) The EPP must structure the clinical teaching assignment so that the candidate is provided opportunities for co-teaching and increased instructional responsibility, including leading classroom instruction, over the course of the clinical teaching assignment and as the candidate demonstrates mastery of educator standards.

(e) Clinical teaching is successful when the candidate demonstrates proficiency in each of the educator standards for the assignment and the field supervisor and cooperating teacher recommend to the EPP that the candidate should be recommended for a standard certificate. If either the field supervisor or cooperating teacher do not recommend that the candidate should be recommended for a standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and either the field supervisor or cooperating teacher.

(f) The EPP may require additional hours of clinical teaching if the first experience was not successful.

(g) An EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter for the full term of the initial and any additional clinical teaching, unless, prior to the expiration of that term:

(1) a standard certificate is issued to the candidate;

(2) the candidate is discharged or is released from the EPP; or

(3) the candidate withdraws from the EPP.

§ 228.73. Internship.

(c) [(a)] While participating in an internship, a candidate must hold the appropriate two-year intern certificate [an intern ] or probationary certificate, or for candidates pursuing certification through the preservice alternative certification route, an intern with preservice certificate, that is effective on or before the assignment start date of the internship and is valid for the entire duration of the internship. The EPP [educator preparation program (EPP)] must verify and document that the candidate's intern , intern with preservice, or probationary certificate is active prior to the start of the internship assignment.

(d) [(b)] The duration of the [An] internship must be [for] a minimum of one full school year and must be completed in [for] the classroom teacher assignment or assignments that match the certification category or categories for which the candidate is prepared by the EPP.

(e) [(c)] An EPP may permit an internship of up to 30 school days less than the required minimum for parental leave, military leave, illness, bereavement leave, or if the late hire date is after the first day of the school year.

(f) [(d)] The beginning date of an internship for the purpose of field supervision is the first day of instruction with students in the classroom for the school or district in which the internship takes place.

(g) [(e)] An internship assignment shall not be less than an average of four hours each day in the subject area and grade level of certification sought. The average includes intermissions and recesses but does not include conference and lunch periods. An EPP may permit an additional internship assignment of less than an average of four hours each day only if all of the following are met:

(1) the employing school or district notifies the candidate and the EPP in writing that an assignment of less than four hours will be required;

(2) the primary assignment is not less than an average of four hours each day in the subject area and grade level of certification sought;

(3) the EPP is approved to offer preparation in the certification category required for the additional assignment;

(4) the EPP provides ongoing support for each assignment as prescribed in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences); and

(5) the EPP provides coursework and training for each assignment to adequately prepare the candidate to be effective in the classroom.

(h) [(f)] An EPP may extend the internship or recommend an additional internship if:

(2) [(1)] the EPP certifies that the first internship was not successful, the EPP has developed a plan to address any deficiencies identified by the candidate, the candidate's field supervisor, and/or the candidate's intern mentor teacher [mentor], and the EPP implements the plan during the additional internship; or

(3) [(2)] the EPP certifies that the first internship was successful and that the candidate is making satisfactory progress toward completing the EPP before the end of the extended [additional] internship. EPPs are not required to provide formal observations of candidates who are completing an extension following a successful internship year but must provide ongoing support as needed while the candidate is in the assignment.

(i) [(g)] An EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences) for the full term of the initial and any additional internship or internship extension, including formal observations required in §228.109(b) of this title (relating to Formal Observations for Candidates in Internship Assignments) for candidates completing an additional internship that must be completed due to an unsuccessful first internship as described in subsection (h)(2) of this section, unless, prior to the expiration of that term:

(1) a standard certificate is issued to the candidate during any additional internship under an intern or probationary certificate;

(2) the candidate resigns, is non-renewed, or is terminated by the school or district;

(3) the candidate is discharged or is released from the EPP;

(4) the candidate withdraws from the EPP;

(5) the candidate is a late hire and fails to meet the pre-internship requirements within the first half of the internship [90 business days of assignment] in accordance with §228.55 of this title (relating to Late Hire Candidates); or

(6) the internship assignment does not meet the requirements described in this subchapter.

(j) [(h)] If the candidate leaves the internship assignment for any of the reasons identified in subsection (i)(2)-(6) [(g)(2)-(6)] of this section:

(1) [the EPP, the campus or district personnel, and] the candidate must inform the EPP within 10 business days [each other within one calendar week] of the candidate's last day in the assignment; and

(2) the TEA must receive the certificate deactivation request with all related documentation from the EPP, in a format determined by the TEA, within 15 business days [two calendar weeks] of the candidate's last day of employment or within 15 business days from the date the EPP receives notification of the candidate's last day of employment [the assignment in a format determined by the TEA].

(k) [(i)] The EPP must communicate the requirements in subsection (j) [(h)] of this section to candidates and campus or district personnel prior to the assignment start date.

(l) [(j)] An internship is successful when the candidate demonstrates proficiency in each of the educator standards for the assignment and the field supervisor and campus supervisor recommend to the EPP that the candidate should be recommended for a standard certificate. If either the field supervisor or campus supervisor do not recommend that the candidate should be recommended for a standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and either the field supervisor or campus supervisor.

(m) [(k)] An internship for a Trade and Industrial Workforce Training certificate may be at an accredited institution of higher education if the candidate teaches not less than an average of four hours each day, including intermissions and recesses, in a dual credit career and technical instructional setting as defined by Part 1, Chapter 4, Subchapter D, of this title (relating to Dual Credit Partnerships Between Secondary Schools and Texas Public Colleges).

§ 228.79. Exemptions from Required Clinical Experiences for Classroom Teacher Candidates.

(a) Under Texas Education Code (TEC), §21.050(c), a candidate who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under TEC, §54.363, is exempt from the requirements of this chapter relating to field-based experience, internship, clinical teaching, or residency.

(b) Under TEC, §21.0487(c)(2)(B), a candidate's employment by a school or district as a Junior Reserve Officer Training Corps instructor before the person was enrolled in an educator preparation program (EPP) or while the person is enrolled in an EPP exempts the candidate [is exempt] from any clinical teaching, internship, residency, or field-based experience program requirement.

§ 228.81. Clinical Experience for Certification Other Than Classroom Teacher.

(a) During the practicum, the candidate must demonstrate proficiency in each of the educator standards for the certificate class being sought.

(b) A practicum may not take place exclusively during a summer recess.

(c) A two-year intern certificate [An intern ] or probationary certificate may be issued to a candidate for a certification in a class other than classroom teacher who meets the requirements and conditions, including the subject matter knowledge requirement, prescribed in §230.36 of this title (relating to Intern Certificates) and §230.37 of this title (relating to Probationary Certificates).

(d) An educator preparation program (EPP) may require additional hours of a practicum, including a practicum under an intern or probationary certificate if:

(1) the EPP certifies that the first practicum was not successful, the EPP has developed a plan to address any deficiencies identified by the candidate, the candidate's field supervisor, and/or the candidate's site supervisor, and the EPP implements the plan during the additional practicum; or

(2) the EPP certifies that the first practicum was successful and that the candidate is making satisfactory progress toward completing the EPP before the end of the additional practicum.

(e) A practicum is successful when the field supervisor and the site supervisor recommend to the EPP that the candidate should be recommended for a standard certificate. If either the field supervisor or site supervisor does not recommend that the candidate should be recommended for a standard certificate, the person who does not recommend the candidate must provide documentation (e.g., evidence of failure to demonstrate proficiency in educator standards, evidence of failure to meet program requirements, evidence of failure to adhere to campus policies) supporting the lack of recommendation to the candidate and either the field supervisor or site supervisor.

(f) An EPP must provide ongoing support to a candidate as described in Subchapter F of this chapter (relating to Support for Candidates During Required Clinical Experiences) for the full term of the initial and any additional practicum, unless, prior to the expiration of that term:

(1) a standard certificate is issued to the candidate;

(2) the candidate is discharged or is released from the EPP; or

(3) the candidate withdraws from the EPP.

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 March 2, 2026.

TRD-202601054

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

STATUTORY AUTHORITY. The repeal is proposed under 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 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)(2)-(4), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(e), which states a rule proposed by the SBEC under this section relating to educator preparation is not subject to Texas Government Code, §2001.0045; TEC, §21.0412, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which defines the types and validity period of teaching certificates: standard, enhanced standard, intern with preservice, intern; TEC, §21.044, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which identify instructional materials and training requirements that must be included in training provided by EPPs participating in a Preparing and Retaining Educators Through Partnership Preservice Program (PREP); TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs, and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §§21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish three teacher preparation routes: traditional, residency, alternative, and foundational requirements for each; TEC, §21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, including expanded authority to review for quality, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public through its internet website and gives the SBEC authority to require any person to give information to the SBEC for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the SBEC's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours; TEC, §21.046(c), which requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success; TEC, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the SBEC; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of EPPs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for EPPs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which requires the SBEC to include hours of field-based experience in the hours of coursework required for certification and allows the SBEC to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; TEC, §21.051, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; TEC, §21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which gives the commissioner of education authority to develop and make available training materials for use in EPPs; and TEC, §§21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish requirements for PREP programs and require the commissioner of education and the SBEC to establish rules to implement the requirements; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The repeal implements Texas Education Code, §§21.003(a), 21.031; 21.041(b)(1)-(4) and (e); 21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044; 21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0441; 21.0442(c); 21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b) and (c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); 21.04891; 21.049(a); 21.0491; 21.050(a)-(c); 21.051; 21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and 21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and Texas Occupations Code, §55.007.

§ 228.71. Exceptions to Clinical Teaching Requirement.

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 March 2, 2026.

TRD-202601056

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

SUBCHAPTER F. SUPPORT FOR CANDIDATES DURING REQUIRED CLINICAL EXPERIENCES

STATUTORY AUTHORITY. The amendments are proposed under 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 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)(2)-(4), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(e), which states a rule proposed by the SBEC under this section relating to educator preparation is not subject to Texas Government Code, §2001.0045; TEC, §21.0412, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which defines the types and validity period of teaching certificates: standard, enhanced standard, intern with preservice, and intern; TEC, §21.044, which authorizes the SBEC to propose rules specifying what each educator is expected to know and be able to do, particularly with regard to students with disabilities, establishing the training requirements a person must accomplish to obtain a certificate, or enter an internship, and specifying the minimum academic qualifications required for a certificate. It also sets requirements for training, coursework, and qualifications that the SBEC is required to include; TEC, §21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which identify instructional materials and training requirements that must be included in training provided by EPPs participating in a Preparing and Retaining Educators Through Partnership Preservice Program (PREP); TEC, §21.0441, which requires the SBEC to set admission requirements for candidates entering EPPs, and specifies certain requirements that must be included in the rules; TEC, §21.0442(c), which requires the SBEC to create an abbreviated EPP for a person seeking certification in trade and industrial workforce training with a minimum of 80 hours of classroom instruction in certain specified topics; TEC, §§21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish three teacher preparation routes: traditional, residency, alternative, and foundational requirements for each; TEC, §21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to set standards for approval and renewal of approval for EPPs, sets certain requirements for approval and renewal, including expanded authority to review for quality, and requires that the SBEC review each program at least every five years; TEC, §21.045(a), which requires the SBEC to create an accountability system for EPPs based on the results of certification examinations, teacher appraisals, student achievement, compliance with the requirements for candidate support, and the results of a teacher satisfaction survey; TEC, §21.0452, which requires the SBEC to make information about EPPs available to the public through its internet website and gives the SBEC authority to require any person to give information to the SBEC for this purpose; TEC, §21.0453, which sets requirements for information that EPPs must provide candidates and gives the SBEC rulemaking authority to implement the provision and ensure that EPPs give candidates accurate information; TEC, §21.0454, which gives the SBEC rulemaking authority to set risk factors to determine the SBEC's priorities in conducting monitoring, inspections, and compliance audits and sets out certain factors that must be included among the factors; TEC, §21.0455, which gives the SBEC rulemaking authority to establish a process for a candidate for teacher certification to direct a complaint against an EPP to the agency, requires that EPPs notify candidates of the complaints process, states that the SBEC must post the complaint process on its website, and states that the SBEC has no authority to resolve disputes over contractual or commercial issues between programs and candidates; TEC, §21.046(b), which requires the SBEC to allow outstanding teachers to substitute approved experience and professional training for part of the educational requirements in lieu of classroom hours; TEC, §21.046(c), which requires the SBEC to ensure that principal candidates are of the highest caliber and that there is a multi-level screening process, along with assessment programs, and flexible internships to determine whether a candidate has the necessary skills for success; TEC, §21.048(a), which requires the SBEC to prescribe comprehensive certification examinations for each class of certificate issued by the SBEC; TEC, §21.0485, which states that to be eligible for certification to teach students with visual impairments, a person must complete all coursework required for that certification in an approved EPP or alternative EPP, perform satisfactorily on required certification exams, and satisfy other requirements established by the SBEC; TEC, §21.0487(c), which requires the SBEC to propose rules related to approval of EPPs to offer the Junior Reserve Officer Training Corps (JROTC) teacher certification and to recognize applicable military training and experience and prior employment by a school district as a JROTC instructor to support completion of certification requirements; TEC, §21.0489(c), which sets out the requirements for Early Childhood certification; TEC, §21.04891, which sets out the requirements for the Bilingual Special Education certification; TEC, §21.049(a), which requires the SBEC to propose rules providing for EPPs as an alternative for traditional preparation programs; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; TEC, §21.050(a), which requires an applicant for teacher certification to have a bachelor's degree in a relevant field; TEC, §21.050(b), which requires the SBEC to include hours of field-based experience in the hours of coursework required for certification and allows the SBEC to require additional credit hours for certification in bilingual education, English as a second language, early childhood education, or special education; TEC, §21.050(c), which exempts people who receive a bachelor's degree while receiving an exemption from tuition and fees under TEC, §54.363, from having to participate in field-based experiences or internships as a requirement for educator certification; TEC, §21.051, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; TEC, §21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which gives the commissioner of education authority to develop and make available training materials for use in EPPs; and TEC, §§21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establish requirements for PREP programs and require the commissioner of education and the SBEC to establish rules to implement the requirements; and Texas Occupations Code, §55.007, which requires all state agencies that issue licenses or certifications to credit military experience toward the requirements for the license or certification.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code, §§21.003(a), 21.031; 21.041(b)(1)-(4) and (e); 21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044; 21.044(i) and (j), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0441; 21.0442(c); 21.04421, 21.04422, and 21.04423, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.0443, as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.045(a); 21.0452, 21.0453; 21.0454; 21.0455; 21.046(b) and (c); 21.048(a); 21.0485; 21.0487(c); 21.0489(c); 21.04891; 21.049(a); 21.0491; 21.050(a)-(c); 21.051; 21.067, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and 21.901-21.905, as added by HB 2, 89th Texas Legislature, Regular Session, 2025; and Texas Occupations Code, §55.007.

§ 228.91. Intern Mentor Teachers [Mentors], Cooperating Teachers, Host Teachers, and Site Supervisors.

(a) In order to support a new educator and to increase educator retention, an educator preparation program (EPP) and campus or district administrator shall collaboratively assign each candidate an intern mentor teacher [a mentor] during the candidate's internship, collaboratively assign a cooperating teacher during the candidate's clinical teaching experience, collaboratively assign a host teacher during the candidate's residency, and collaboratively assign a site supervisor during the candidate's practicum.

(b) For Preparing and Retaining Educators Through Partnership (PREP) routes [teacher residencies], the EPP and campus or district administrator shall share responsibility for selection of mentoring educators [host teachers], including determining specific selection criteria, development of a scoring rubric, and development of a selection process that involves representatives from the EPP and campus or district administration. The mentoring educator must agree to the assignment.

(c) For internships and practicums, the intern mentor teacher [mentor] or site supervisor must be assigned to the candidate within three weeks of the candidate's assignment start date. The EPP must not allow a candidate to be in an internship or practicum without an assigned intern mentor teacher [mentor] or site supervisor for longer than three weeks.

(d) If an individual who meets the certification category and/or experience criteria for a mentoring educator [cooperating teacher, mentor, host teacher,] or site supervisor is not available, the EPP and campus or district administrator shall collaborate to ensure an individual who most closely meets the criteria is assigned to the candidate, and the EPP must document the reason for selecting an individual that does not meet the criteria.

(e) The EPP is responsible for providing training to mentoring educators and site supervisors [mentor, cooperating teacher, host teacher, and/or site supervisor training] that relies on scientifically based research, and for mentoring educators, includes training in how to coach and mentor teacher candidates, but the program may allow the training to be provided by a school, district, or regional education service center if properly documented in accordance with the evidence requirements of Figure: 19 TAC §228.13(f).

§ 228.93. Cooperating Teacher Qualifications and Responsibilities.

(a) Required qualifications of a cooperating teacher:

(1) at least three creditable years of teaching experience, as defined in Chapter 153, Subchapter CC, of Part 2 [II] of this title (relating to Commissioner's Rules on Creditable Years of Service [Teaching Experience]);

(2) an accomplished educator as shown by student learning;

(3) trained as required in §228.91(e) or (f) of this title (relating to Intern Mentor Teachers, Cooperating Teachers, Host Teachers, and Site Supervisors), including [by the educator preparation program, including training in co-teaching strategies and in how to coach and mentor teacher candidates,] during the twelve weeks before or three weeks after being assigned to the clinical teacher or pre-internship clinical teacher;

(4) not assigned to the candidate as an intern mentor teacher [a mentor], field supervisor, or site supervisor; and

(5) valid certification in the certification category for the clinical teaching assignment for which the clinical teacher or pre-internship clinical teacher candidate is seeking certification.

(b) Duties of a cooperating teacher:

(2) [(1)] guide, assist, and support the candidate during the candidate's clinical teaching in areas such as lesson preparation, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies; and

(3) [(2)] report the candidate's progress to the candidate's field supervisor.

§ 228.95. Host Teacher Qualifications and Responsibilities.

(a) Required qualifications of a host teacher:

(1) at least three creditable years of teaching experience, as defined in Chapter 153, Subchapter CC, of Part 2 [II] of this title (relating to Commissioner's Rules on Creditable Years of Service [Teaching Experience]);

(2) an accomplished educator, as determined by the educator preparation program (EPP) in partnership with the district or campus administration, and shown by:

(A) at least three years of proficient or above proficient ratings on teacher evaluations;

(B) demonstrated evidence of positive impact on student learning as determined by a set of student growth and/or achievement data agreed upon by the partnership; and

(C) other dispositional criteria prioritized by the residency partnership;

(3) trained as required in §228.91(e) or (f) of this title (relating to Intern Mentor Teachers, Cooperating Teachers, Host Teachers, and Site Supervisors) [by the EPP, including training in co-teaching strategies and how to coach and mentor teacher candidates,] at least twice per school year, including before or within the three weeks after being assigned as a host teacher;

(4) not assigned to the candidate as a field supervisor; and

(5) valid certification in the certification category for the residency assignment for which the residency candidate is seeking certification.

(b) Duties of a host teacher:

(1) co-teach with the residency candidate, gradually releasing instructional responsibility and lead instruction time to the candidate as specified in §228.65(b)(2) of this title (relating to Residency);

(2) guide, assist, give feedback to, and support the candidate during the candidate's residency in areas such as lesson preparation, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies; and

(3) report the candidate's progress to the candidate's field supervisor at least monthly.

§ 228.97. Intern Mentor Teacher [Mentor] Qualifications and Responsibilities.

(a) Required qualifications of an intern mentor teacher [a mentor]:

(2) [(3)] not assigned to the candidate as a cooperating teacher, field supervisor, or site supervisor;

(3) [(4)] trained as a mentor as required in §228.91(e) or (f) of this title (relating to Intern Mentor Teachers, Cooperating Teachers, Host Teachers, and Site Supervisors), including [by the educator preparation program (EPP) or the campus or district, including training in how to coach and mentor teacher candidates,] during the twelve weeks before or three weeks after the candidate's assignment start date; and

(4) [(5)] valid certification in the certification category in which the internship candidate is seeking certification.

(b) Duties of an intern mentor teacher [a mentor]:

(1) guide, assist, and support the candidate throughout the entirety of the internship in areas such as lesson preparation, classroom management, instruction, assessment, working with parents, obtaining materials, and district policies; [and]

(4) [(2)] report the candidate's progress to the candidate's field supervisor.

§ 228.101. Field Supervisor Qualifications and Responsibilities.

(a) Required qualifications of a field supervisor:

(1) accomplishment as an educator as shown by student learning; and

(2) not employed by the same school where the candidate being supervised is completing his or her clinical teaching, internship, or practicum; and

(3) trained by the educator preparation program (EPP) as a field supervisor; and

(4) for a supervisor of [residency] candidates in Preparing and Retaining Educators Through Partnership (PREP) routes, trained annually by the EPP in coaching and co-teaching strategies and candidate evaluation and participation in school and/or district trainings, as determined by the district partner; and

(5) has completed Texas Education Agency (TEA)-approved training as required in subsection (b)(1) of this section [or, for field supervisors supporting teacher candidates, is a currently certified Texas Teacher Evaluation and Support System (T-TESS) appraiser]; and

(6) not assigned to the candidate as an intern mentor teacher, host teacher [a mentor], cooperating teacher, or site supervisor; and

(7) three years of creditable experience, as defined by Chapter 153, Subchapter CC, of Part 2 of this title (relating to Commissioner's Rules on Creditable Years of Service), in the class in which supervision is provided, including:

(A) for a supervisor of classroom teacher and reading specialist candidates, experience as a campus-level administrator and a current certificate that is appropriate for a principal assignment may also supervise teacher and reading specialist candidates; and

(B) for a supervisor of principal candidates, experience as a district-level administrator and a current certificate that is appropriate for a superintendent assignment may also supervise principal candidates; and either

(8) valid certification in the class in which supervision is provided; or

(9) at least a master's degree in the academic area or field related to the certification class for which supervision is being provided, and in compliance with the same number, content, and type of continuing professional education requirements described in §232.11 of this title (relating to Number and Content of Required Continuing Professional Education Hours) and §232.15 of this title (relating to Types of Acceptable Continuing Professional Education Activities) for the certification class for which supervision is being provided.

(b) Duties of a field supervisor. [:]

(1) Supervision of each candidate shall be conducted with the structured guidance and regular ongoing support of an experienced educator who has been trained annually as a field supervisor by the EPP and completed TEA-approved field supervisor training at least every three years. Field supervisors who have completed TEA-approved training prior to September 1, 2025, must renew that training by September 1, 2027 [2026], and then renew the training at least one time per each three-year period thereafter. Field supervisors who have completed the TEA-approved training between September 2, 2025, and August 31, 2026, must renew that training by September 1, 2028, and then renew that training at least one time per each three-year period thereafter. Beginning September 1, 2027, for field supervisors supporting teacher candidates, valid Texas Teacher Evaluation and Support System (T-TESS) certification and other approved agency training focused on observation and coaching may count as a portion of TEA-approved field supervisor training. [Field supervisors who support teacher candidates and who maintain valid T-TESS certification are not required to renew TEA-approved field supervisor training.]

(2) The field supervisor must contact the assigned candidate within the first three weeks after the assignment start date for a candidate seeking certification as a classroom teacher and within the first quarter of the assignment for a candidate seeking certification in a class other than classroom teacher. The field supervisor must contact a candidate who is a late hire as defined in §228.2 of this title (relating to Definitions) within the first week after the candidate's assignment start date. Contact may be made by telephone, email, or other electronic communication.

(3) The field supervisor shall verify the candidate's internship placement within the first three weeks of the candidate's internship assignment and shall notify the EPP if the internship placement does not meet the requirements of this chapter, including assignment of a qualified intern mentor teacher [mentor].

(4) Field supervisors shall conduct observations of candidates as described in §§228.103 of this title (relating to Formal Observations for Candidates in Residency Assignments), 228.105 of this title (relating to Formal Observations for All Candidates for Initial Classroom Teacher Certification), 228.107 of this title (relating to Formal Observations for Candidates in Clinical Teaching and Pre-internship Clinical Teaching Assignments), 228.109 of this title (relating to Formal Observations for Candidates in Internship Assignments), 228.111 of this title (relating to Formal Observations for Candidates Employed as Educational Aides), 228.113 of this title (relating to Support and Formal Observations for Candidates Seeking Certification as Teacher of Students with Visual Impairments (TVI) Supplemental: Early Childhood-Grade 12), 228.115 of this title (relating to Support and Formal Observations for Candidates Seeking Deafblind Supplemental: Early Childhood-Grade 12 Certification), and 228.117 of this title (relating to Support and Formal Observations for Candidates Other Than Classroom Teacher).

(5) With the exception of candidates who are late hires and candidates completing internships through the preservice alternative certification route as defined in §228.2 of this title, field supervisors of candidates in clinical teaching, internship, and practicum assignments shall provide informal observations and ongoing coaching as appropriate and needed and, at a minimum, include the following:

(A) at least three informal observations that are 15 minutes or more in duration per semester of a [the internship,] clinical teaching[,] or practicum assignment; or

(C) [(B)] The [the] first informal observation must occur within the first six weeks of the clinical teaching or internship assignment and must be in-person. Additional informal observations may be conducted virtually, either synchronous or asynchronous. [;]

(D) [(C)] Informal [informal] observations of practicum candidates may be virtual, either synchronous or asynchronous. [;]

(E) [(D)] Informal observations are informed by written feedback provided during post-observation conferences and include observation and feedback on targeted skills. [; and]

(6) Field supervisors shall [must] provide to a candidate who is a late hire , as defined in §228.2 of this title and in §228.55 of this title (relating to Late Hire Candidates), informal observations and ongoing coaching as appropriate and needed and, at a minimum, include the following: [as required in subsection (b)(5) of this section. Two of the required informal observations must be provided within the first eight weeks of the candidate's assignment start date and both informal observations must be in-person.]

(7) Field supervisors of candidates in residency assignments shall provide informal observations and ongoing coaching that, at a minimum, include the following:

(A) at least four in-person [in person] informal observations that are 15 minutes or more in duration per semester, totaling at least eight observations over the course of the year-long teacher residency placement. The first informal must occur within the first four weeks of the residency placement;

(B) are informed by written feedback provided during post-observation conferences; and

(C) provide observation and feedback on targeted skills, with opportunity to follow up on the candidate's development in the targeted skill.

(9) [(8)] For candidates participating in an internship, the field supervisor shall provide a copy of all written feedback to the candidate's supervising campus administrator and assigned intern mentor teacher [mentor]. For candidates participating in a residency, the field supervisor shall provide a copy of all written feedback to the candidate's host teacher and campus supervisor. For candidates participating in clinical teaching or pre-internship clinical teaching, the field supervisor shall provide a copy of all written feedback to the candidate's cooperating teacher.

(10) [(9)] In a clinical teaching experience, the field supervisor shall collaborate with the candidate and cooperating teacher throughout the clinical teaching experience and request and document feedback about the candidate from the candidate's cooperating teacher at least three times throughout the clinical teaching experience.

(12) [(10)] For a residency, the field supervisor shall collaborate with the candidate, campus supervisor, and the host teacher throughout the residency, including regular meetings and/or collaborative supports at least three times each semester with the campus supervisor and twice monthly with the host teacher. Meetings may be held virtually, and collaborative supports may include but are not limited to co-observation of candidates, co-coaching of candidates, and calibration for inter-rater reliability.

(13) [(11)] For an internship, the field supervisor shall collaborate with the candidate and campus supervisor, or their designee, at least twice per semester. Collaboration may include but is not limited to co-observations (formal and informal), post-observation collaborative coaching, collaborative goal setting, or the provision of actionable feedback related to collaboratively established goals.

(14) [(12)] For non-teacher candidates in a practicum, the field supervisor shall collaborate with the candidate and site supervisor throughout the practicum experience.

§ 228.105. Formal Observations for All Candidates for Initial Classroom Teacher Certification.

(a) Educator preparation programs shall ensure that the field supervisor conducts formal observations of the candidates completing a clinical experience or a pre-internship clinical teaching experience.

(b) Each formal in-person observation must be at least 45 minutes in duration, must be conducted by the field supervisor, and must be on the candidate's site in a face-to-face setting.

(c) Each formal virtual observation must be:

(1) at least 45 minutes in length;

(2) conducted by the field supervisor;

(3) followed by a post-observation conference within 72 hours of the educational activity; and

(4) conducted through use of an unedited electronic transmission, video, or technology-based method.

(d) For each formal observation, whether in-person or virtual, the field supervisor shall:

(1) participate in an individualized pre-observation conference with the candidate;

(2) document educational practices observed;

(3) provide written feedback through an individualized, synchronous, and interactive post-observation conference with the candidate; and

(4) provide a copy of the written feedback to the candidate's mentoring educator [cooperating teacher or mentor].

(e) Neither the pre-observation conference nor the post-observation conference needs to be onsite.

§ 228.107. Formal Observations for Candidates in Clinical Teaching and Pre-internship Clinical Teaching Assignments.

(a) An educator preparation program (EPP) must provide the first formal observation within the first third of all clinical teaching assignments.

(b) For a clinical teaching assignment, an EPP must provide a minimum of two formal observations during the first half of the assignment and a minimum of two formal observations during the second half of the assignment.

(c) For an all-level clinical teaching assignment in more than one district [location] or in an assignment that involves certification in more than one certification category that cannot be taught concurrently during the same period of the school day, a minimum of two formal observations must be provided during the first half of each assignment and a minimum of one formal observation must be provided during the second half of each assignment.

(d) For a clinical teaching assignment:

(1) at least two of the minimum formal observations must be in-person for each assignment; and

(2) if an EPP chooses to provide formal virtual observations, it must provide at least two formal virtual observations in addition to the two minimum formal in-person observations for each assignment.

§228.109. Formal Observations for Candidates in Internship Assignments.

(a) An educator preparation program (EPP) must provide the first formal observation within the first four weeks of all internship assignments. The first formal observation must be conducted in-person.

(b) For an alternative certification candidate completing a full school year internship [under an intern certificate] or an additional internship due to an unsuccessful first internship as allowed in §228.73 of this title (relating to Internship) under a two-year intern certificate described in §228.73 of this title [(relating to Internship)]:

(1) an EPP must provide a minimum of two [three] formal observations during the first half of the internship and a minimum of two formal observations during the last half of the internship; and

(2) at least two [three] of the minimum formal observations must be in-person.

(d) If an internship under a two-year [an] intern certificate or an additional internship due to an unsuccessful first internship described in §228.73 of this title involves certification in more than one certification category that cannot be taught concurrently during the same period of the school day:

(1) an EPP must meet the requirement in subsection (b) of this section for the first certification category and provide a minimum of two formal [three] observations for [in] each additional certificate category [assignment];

(2) for each additional certificate category [assignment], the EPP must provide at least one [two] formal observation [observations] during the first half of the internship and one formal observation during the second half of the internship;

(3) at least two of the minimum formal observations must be in-person for each additional certificate category [assignment]; and

(4) if an EPP chooses to provide formal virtual observations, it must provide at least two formal virtual observations in addition to the two minimum formal in-person observations for each additional certificate category [assignment].

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 March 2, 2026.

TRD-202601057

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

CHAPTER 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

The State Board for Educator Certification (SBEC) proposes amendments to 19 Texas Administrative Code (TAC) §§230.36, 230.37, 230.53, 230.55, 230.111, and 230.113, concerning professional educator preparation and certification. The proposed amendments would update current rule language to implement provisions from House Bill (HB) 2 and HB 1178, 89th Texas Legislature, Regular Session, 2025, and include proposed edits previously discussed by the SBEC.

BACKGROUND INFORMATION AND JUSTIFICATION: The SBEC rules in 19 TAC Chapter 230, Subchapter D, Types and Classes of Certificates Issued, define the types, classes, and issuance requirements for certificates. The SBEC rules in 19 TAC Chapter 230, Subchapter E, Educational Aide Certificate, define the three levels of certification and provide general guidance and requirements for certificate issuance. The SBEC rules in 19 TAC Chapter 230, Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States, define certification requirements for out-of-state individuals.

HB 2, 89th Texas Legislature, Regular Session, 2025, is a comprehensive school finance bill that supports students and infuses more dollars and resources into Texas public schools, providing critical support in key areas, including educator preparation. HB 1178, 89th Texas Legislature, Regular Session, 2025, requires the SBEC to establish and immediately issue a temporary certificate for educators certified by other states who apply for a Texas certificate issued under provision of TEC, §21.052.

The following proposed amendments to 19 TAC Chapter 230, Subchapters D, E, and H, are intended to support the implementation of applicable statutory requirements and align, where appropriate, with proposed revisions to 19 TAC Chapter 227 and Chapter 228. This proposal also includes technical edits to conform to Texas Register style requirements.

Subchapter D, Types and Classes of Certificates Issued

§230.36. Intern Certificate.

The proposed amendment to §230.36(c)(3) would update information related to the term of an intern certificate to specify that, for assignments beginning with the 2026-2027 school year, intern certificates will be issued with two-year validity periods to eligible teacher candidates in alternative certification programs, including late hire candidates, and candidates pursuing certification in non-teacher classes.

The proposed amendment to §230.36(c)(4)(A) and (B) would strike current language that limits the timeframe for issuance of intern and probationary certificates to increase flexibility within the three-year maximum that candidates can serve in assignments on a credential that is not a standard certificate.

The proposed amendment to §230.36(e) would strike the reference to "master teacher" as it is no longer a class of certificate issued by the SBEC and is not eligible for intern certificate issuance.

The proposed amendment to §230.36(e)(2)(B) would update the Chapter 228 rule reference to the rule related to locations for required clinical experiences for candidates in educator preparation programs (EPPs).

Proposed new §230.36(f) would exclude current language specific to intensive preservice and replace it with language for the new intern with preservice certificate specified in HB 2. Proposed new subsection (f) would also align with additional information about the new preservice certification route, created by HB 2, outlined in the proposed changes to Chapter 228.

§230.37. Probationary Certificate.

The proposed amendment to §230.37(c)(4)(A) and (B) would strike current language that limits the timeframe for issuance of intern and probationary certificates to increase flexibility within the three-year maximum that candidates can serve in assignments on a credential that is not a standard certificate.

The proposed amendment to §230.37(e) would strike the reference to "master teacher" as it is no longer a class of certificate issued by the SBEC and is not eligible for probationary certificate issuance.

The proposed amendment to §230.37(e)(2)(B) would update the Chapter 228 rule reference to the rule related to locations for required clinical experiences for candidates in EPPs.

The proposed amendment to §230.37(f) would strike in its entirety the text related to a probationary certificate for intensive preservice.

Subchapter E, Educational Aide Certificate

§230.53. Procedures in General.

Proposed new §230.53(f) would add language to allow issuance of the Educational Aide I certificate to high school students who may be younger than 18 years of age and meet all requirements for issuance of an industry-based certification. TEA staff worked closely with agency colleagues responsible for the College, Career, and Military Readiness (CCMR) initiatives on the proposed changes specific to the educational aide certificate. The proposal would be limited to Subchapter E to avoid confusion in the field and ensure that changes are codified in the rule chapter specific to the certificate being discussed.

Proposed new §230.53(g) and (h) would accommodate updates made to former subsections (f) and (g) based on the addition of proposed new subsection (f). No additional changes are proposed for this section of the rules.

§230.55. Certification Requirements for Educational Aide I.

The proposed amendment to §230.55(3) would strike the reference to "18 years of age or older" to reflect that high school students younger than 18, who meet all requirements to qualify for an industry-based certification, would be eligible for recommendation by a district for issuance of an Educational Aide I certificate. These students would be subject to the completion of fingerprinting and criminal history background check processes prior to being eligible for SBEC certificate issuance.

Proposed new §230.55(4) would strike current language in its entirety and replace with language that mirrors CCMR requirements for all other industry based-certifications since the CCMR indicator to grant a district credit toward its accountability ratings is the high school student being a program of study completer plus the aligned and earned industry based certifications (IBC), specifically the Educational Aide I certificate issued by the SBEC. The proposal would update the list of applicable courses to maintain clarity in the field and to ensure that districts and students have the guidance needed to positively contribute to and benefit from the IBC certification process.

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

§230.111. General Provisions.

The proposed amendment to §230.111(a) would add the words "a valid" to align with language specified in HB 1178 that requires educators certified outside of Texas to have a valid, current license issued by another state department of education at the time that they apply to TEA for a review of their out-of-state credentials.

The proposed amendment to §230.111(c) would add "an expired certificate" to the list of credentials that cannot be accepted from educators certified outside of Texas and reinforce language specified in HB 1178 to ensure that all individuals transferring to Texas hold a valid, current certificate at the time of their application submission to TEA for a review of their out-of-state credentials.

The proposed amendment to strike §230.111(d) would align with language specified in HB 1178 that requires educators certified outside of Texas to present a valid, current certificate as part of their application submission to TEA for a review of out-of-state credentials.

Proposed new §230.111(d) and (e) would reorganize former subsections (e) and (f) based on the proposed deletion of current subsection (d). No additional changes are proposed for this section of the rules.

§230.113. Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States.

The proposed amendment to §230.113(b) would add language to specify that the one-year certificate can be issued immediately following the successful completion of the out-of-state credentials review and the fingerprinting and background check processes.

FISCAL IMPACT: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years enforcing or administering the rules does not have foreseeable implications relating to cost or revenues of the state or local governments. There are no additional costs to entities required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: While the proposal imposes a cost on regulated persons, it is not subject to TGC, §2001.0045, because the proposal is necessary to implement legislation. The proposal does not impose a cost on another state agency, a special district, or a local government.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real estate property and, therefore, does not constitute a taking under TGC, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would create a new regulation by requiring individuals certified in other states to renew any certificates that may have lapsed, prior to being eligible to begin the transfer of certification from another state to Texas and, thereby, restricting the ability for a timely review of out-of-state credentials.

The proposed rulemaking would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years the proposal is in effect, the public benefit anticipated would be aligning the rules with statute and reflecting current procedures. There is an anticipated economic cost to persons who are required to comply with the proposal if their license to teach in other states is not current at the time of initiating the out-of-state credentials review process in Texas. HB 1178 requires the SBEC to ensure that certified educators in other states interested in transferring to Texas must hold a valid, unexpired, non-temporary certificate or similar credential in another state that qualifies the person to be employed as an educator in that state. Because certificate renewal costs vary from state to state, ranging anywhere from $22 to $200, TEA staff used $50 as the base cost for certificate renewal. TEA staff reviewed 1,095 applications submitted in the fourth quarter of Fiscal Year (FY) 2024 and the first quarter of FY 2025. Of those 1,095 applications, 959 out-of-state certificates submitted were currently active, representing 88% of the total number reviewed, and 136 were currently expired, representing 12% of the total number reviewed. TEA staff monitored applications the rest of the FY and, as a result, TEA staff estimates a cost of $3,400 per year for FYs 2026-2030. The estimate reflects a $50 certificate renewal cost for 68 certificates that may need to be renewed each FY.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA staff has determined the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The SBEC requests public comments on the proposal, including, per TGC, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins March 13, 2026, and ends April 13, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. Comments on the proposal may also be submitted by calling (512) 475-1497. The SBEC will also take registered oral and written comments on the proposal during the April 24, 2026 meeting's public comment period in accordance with the SBEC board operating policies and procedures.

SUBCHAPTER D. TYPES AND CLASSES OF CERTIFICATES ISSUED

STATUTORY AUTHORITY. The amendments are proposed under 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 TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the State Board for Educator Certification (SBEC) to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041, which authorizes the SBEC to adopt rules as necessary for its own procedures and specifies the certification-related rules and fees under the SBEC's authority; TEC, §21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025, which defines the types and validity period of teaching certificates: standard, enhanced standard, intern with preservice, and intern; TEC, §21.051, which requires that candidates complete at least 15 hours of field-based experiences in which the candidate is actively engaged in instructional or educational activities under supervision involving a diverse student population at a public-school campus or an approved private school, allows 15 hours of experience as a long-term substitute to count as field-based experience, and gives the SBEC rulemaking authority related to field-based experiences; TEC, §21.064, which states that the SBEC shall recognize a master teacher certificate until expiration and that the master teacher certificate is not eligible for the teacher incentive allotment; and TEC, §22.0831(c) and (f), which require the SBEC to review the national criminal history record information of a person who has not previously submitted fingerprints to the department or been subject to a national criminal history record information review.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.003(a); 21.031; 21.041; 21.0412, as added by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.051; 21.064; and 22.0831(c) and (f).

§230.36. Intern Certificates.

(a) General provisions.

(1) Certificate classes. An intern certificate may be issued for any class of certificate except educational aide.

(2) Requirement to hold an intern certificate. A candidate seeking certification as an educator must hold an intern certificate while participating in an internship through an approved educator preparation program (EPP).

(b) Requirements for issuance. An intern certificate may be issued to a candidate seeking certification as an educator who meets the conditions and requirements prescribed in this subsection.

(1) Bachelor's degree. Except as otherwise provided in rules of the State Board for Educator Certification related to certain career and technical education certificates based on skill and experience, the candidate must hold a bachelor's degree or higher from an accredited institution of higher education. An individual who has earned a degree outside the United States must provide an original, detailed report or course-by-course evaluation for all college-level credits prepared by a foreign credential evaluation service recognized by the Texas Education Agency (TEA). The evaluation must verify that the individual holds, at a minimum, the equivalent of a bachelor's degree issued by an accredited institution of higher education in the United States.

(2) General certification requirements. The candidate must meet the general certification requirements prescribed in §230.11 of this title (relating to General Requirements).

(3) Fee. The candidate must pay the fee prescribed in §230.101 of this title (relating to Schedule of Fees for Certification Services).

(4) Fingerprints. The candidate must submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and the Texas Education Code (TEC), §22.0831.

(c) Conditions. The validity and effectiveness of an intern certificate is subject to the following conditions.

(1) Internship. The holder of an intern certificate must be a participant in good standing of an approved Texas EPP, serving in an acceptable, paid internship supervised by the EPP.

(2) Inactive status. An intern certificate will become inactive 30 calendar days after the holder's separation from the school assignment or the EPP. The unexpired term of an intern certificate may be reactivated if the holder satisfies the requirements specified in this section.

(3) Term of an intern certificate. An intern certificate shall be valid for one 12-month period from the date of issuance. Beginning with assignments for the 2026-2027 school year, intern certificates will be issued with two-year validity periods to eligible teacher candidates in alternative certification programs, including late hire candidates, as specified in §228.73 of this title (relating to Internship) and §228.55 of this title (relating to Late Hire Candidates), and candidates pursuing certification in non-teacher classes.

(4) Limit on preliminary certifications and permits. Without obtaining standard certification, an individual may not serve for more than three 12-month periods while holding any combination of the following:

(A) intern certificates, [limited to one 12-month period maximum,] as described in this subsection;

(B) probationary certificates, [limited to two 12-month periods maximum,] as specified in §230.37 of this title (relating to Probationary Certificates)

(C) emergency permits as specified in Subchapter F of this chapter (relating to Permits); or

(D) one-year certificates as specified in Subchapter H of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries).

(5) Reduction in force exception. If an educator is employed under an intern certificate and is terminated or resigns in lieu of termination before the end of the school year due to a reduction in force, that intern term shall not count as one of the three years referenced in paragraph (4) of this subsection.

(d) Testing requirements for issuance of an intern certificate. Beginning September 1, 2017, a candidate must meet the subject matter knowledge requirements for issuance of an intern certificate to serve an internship in a classroom teacher assignment for each subject area to be taught.

(1) To meet the subject matter knowledge requirements to be issued an intern certificate for an internship in a classroom teacher assignment on or after September 1, 2017, a candidate must pass all of the appropriate content pedagogy examinations, as prescribed in Subchapter C of this chapter (relating to Assessment of Educators).

(2) To meet the subject matter knowledge requirements to be issued an intern certificate for an internship in a career and technical education classroom teacher assignment that is based on skill and experience on or after September 1, 2017, a candidate must satisfy the requirements for that subject area contained in §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)) and pass the appropriate content pedagogy examination(s), as prescribed in Subchapter C of this chapter [(relating to Assessment of Educators)].

(e) Intern certificate in a certification class other than classroom teacher. An intern certificate may be issued for assignment as a superintendent, principal, reading specialist, [master teacher,] school librarian, school counselor, and educational diagnostician to an individual who meets the applicable requirements prescribed in subsection (b) of this section and who also meets the requirements prescribed in this subsection.

(1) An applicant for an intern certificate in a certification class other than classroom teacher must meet all requirements established by the recommending EPP, which shall be based on the qualifications and requirements for the class of certification sought and the duties to be performed by the holder of an intern certificate in that class.

(2) The individual must have also been:

(A) accepted and enrolled to participate in a Texas EPP that has been approved to prepare candidates for the certificate sought; and

(B) assigned in the certificate area being sought in a Texas school district, open-enrollment charter school, or, pursuant to §228.63 of this title (relating to Locations for Required Clinical Experiences) [§228.35 of this title (relating to Preparation Program Coursework and/or Training)], other school approved by the TEA.

(3) The holder of an intern certificate in a certification class other than classroom teacher is subject to all terms and conditions of an intern certificate prescribed in subsection (c) of this section.

(4) The following provisions apply to the intern certificate for Principal as Instructional Leader.

(A) During the transition period of December 1, 2018 through September 1, 2019, the SBEC may issue an intern certificate to a candidate who meets the requirements specified in paragraphs (1)-(3) of this subsection.

(B) Effective September 1, 2019, the SBEC may issue an intern certificate to a candidate who meets requirements specified in paragraphs (1)-(3) of this subsection and has passed the Principal as Instructional Leader examination specified in Subchapter C of this chapter.

§230.37. Probationary Certificates.

(a) General provisions.

(1) Certificate classes. A probationary certificate may be issued for any class of certificate except educational aide.

(2) Requirement to hold a probationary certificate. A candidate seeking certification as an educator must hold a probationary certificate while participating in an internship through an approved educator preparation program (EPP).

(b) Requirements for issuance. A probationary certificate may be issued to a candidate seeking certification as an educator who meets the conditions and requirements prescribed in this subsection.

(1) Bachelor's degree. Except as otherwise provided in rules of the State Board for Educator Certification related to certain career and technical education certificates based on skill and experience, the candidate must hold a bachelor's degree or higher from an accredited institution of higher education. An individual who has earned a degree outside the United States must provide an original, detailed report or course-by-course evaluation of all college-level credits prepared by a foreign credential evaluation service recognized by the Texas Education Agency (TEA). The evaluation must verify that the individual holds, at a minimum, the equivalent of a bachelor's degree issued by an accredited institution of higher education in the United States.

(2) General certification requirements. The candidate must meet the general certification requirements prescribed in §230.11 of this title (relating to General Requirements).

(3) Fee. The candidate must pay the fee prescribed in §230.101 of this title (relating to Schedule of Fees for Certification Services).

(4) Fingerprints. The candidate must submit fingerprints in accordance with §232.35(c) of this title (relating to Submission of Required Information) and the Texas Education Code (TEC), §22.0831.

(c) Conditions. The validity and effectiveness of a probationary certificate is subject to the following conditions.

(1) Internship. The holder of a probationary certificate must be a participant in good standing of an approved Texas EPP, serving in an acceptable, paid internship supervised by the EPP.

(2) Inactive status. A probationary certificate will become inactive 30 calendar days after the holder's separation from the school assignment or the EPP. The unexpired term of a probationary certificate may be reactivated if the holder satisfies the program enrollment and school assignment requirements specified in §228.35 of this title (relating to Substitution of Applicable Experience and Training) [Preparation Program Coursework and/or Training].

(3) Term of a probationary certificate. A probationary certificate shall be valid for a 12-month period from the date of issuance.

(4) Limit on preliminary certifications and permits. Without obtaining standard certification, an individual may not serve for more than three 12-month periods while holding any combination of the following:

(A) intern certificates, [limited to one 12-month period maximum,] as described in this subsection;

(B) probationary certificates, [limited to two 12-month periods maximum,] as described in this subsection;

(C) emergency permits as specified in Subchapter F of this chapter (relating to Permits); or

(D) one-year certificates as specified in Subchapter H of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries).

(5) Reduction in force exception. If an educator is employed under a probationary certificate and is terminated or resigns in lieu of termination before the end of the school year due to a reduction in force, that probationary term shall not count as one of the two allowed annual probationary terms.

(d) Testing requirements for issuance of a probationary certificate.

(1) Prior to September 1, 2017, a candidate must meet the subject matter knowledge requirements for issuance of a probationary certificate to serve an internship in a classroom teacher assignment for each subject area to be taught:

(A) At the elementary school level, by passing the appropriate content area certification examination(s), as prescribed in Subchapter C of this chapter (relating to Assessment of Educators), appropriate to the grade level and subject matter assignment(s) as prescribed in Chapter 231 of this title (relating to Requirements for Public School Personnel Assignments).

(B) At the middle or high school level:

(i) by passing the appropriate content area certification examination(s), as prescribed in Subchapter C of this chapter, appropriate to the grade level and subject matter assignment(s) as prescribed in Chapter 231 of this title; or

(ii) by completing coursework that complies with the TEC, §21.050, and comprised of not fewer than 24 semester credit hours, including 12 semester credit hours of upper division coursework in the subject area(s) taught; or

(iii) in the case of career and technical education assignments based on skill and experience, by satisfying the requirements for that subject area contained in §233.14 of this title (relating to Career and Technical Education (Certificates requiring experience and preparation in a skill area)).

(C) A candidate who is the teacher of record in a special education assignment must meet the appropriate subject matter knowledge requirements prescribed in subparagraph (A) and/or (B) of this paragraph and pass the appropriate special education certification examination(s), as prescribed in Subchapter C of this chapter, appropriate to the assignment(s) as prescribed in Chapter 231 of this title. If a candidate has not passed the special education supplemental examination prior to the beginning of an internship, an EPP may permit the internship assignment if:

(i) the EPP has developed a plan to address any deficiencies identified through the candidate's previous attempt(s) on the examination; and

(ii) the EPP implements the plan during the initial internship. An EPP shall not permit an additional internship if all examinations requirements are not met.

(D) A candidate who is in a bilingual education and/or English as a Second Language (ESL) assignment must meet the appropriate subject matter knowledge requirements prescribed in subparagraph (A) and/or (B) of this paragraph and pass the appropriate bilingual education and/or ESL certification examination(s), as prescribed in Subchapter C of this chapter, appropriate to the assignment(s) as prescribed in Chapter 231 of this title. If a candidate has not passed the bilingual education supplemental examination, ESL supplemental examination, or the Bilingual Target Language Proficiency test prior to the beginning of an internship, an EPP may permit the internship if:

(i) the EPP has developed a plan to address any deficiencies identified through the candidate's previous attempt(s) on the examination(s); and

(ii) the EPP implements the plan during the initial internship. An EPP shall not permit an additional internship if all examination requirements are not met.

(2) Beginning September 1, 2017, a candidate must meet all testing requirements for issuance of a probationary certificate.

(A) To meet the subject matter knowledge requirements to be issued a probationary certificate for an internship in a classroom teacher assignment, a candidate must pass the appropriate certification examination(s), including the appropriate pedagogy and professional responsibilities examination, as prescribed in Subchapter C of this chapter.

(B) To meet the subject matter knowledge requirements to be issued a probationary certificate for an internship in a career and technical education classroom teacher assignment that is based on skill and experience, a candidate must satisfy the requirements for that subject area contained in §233.14 of this title and pass the appropriate certification examination(s), including the appropriate pedagogy and professional responsibilities examination, as prescribed in Subchapter C of this chapter.

(e) Probationary certificate in a certification class other than classroom teacher. A probationary certificate may be issued for an assignment as a superintendent, principal, reading specialist, [master teacher,] school librarian, school counselor, and/or educational diagnostician to an individual who meets the applicable requirements prescribed in subsection (b) of this section and who also meets the requirements prescribed in this subsection.

(1) An applicant for a probationary certificate in a certification class other than classroom teacher must meet all requirements established by the recommending EPP, which shall be based on the qualifications and requirements for the class of certification sought and the duties to be performed by the holder of a probationary certificate in that class.

(2) The individual must have also been:

(A) accepted and enrolled to participate in a Texas EPP that has been approved to prepare candidates for the certificate sought; and

(B) assigned in the certificate category being sought in a Texas school district, open-enrollment charter school, or, pursuant to §228.63 of this title (relating to Locations for Required Clinical Experiences) [§228.35 of this title], other school approved by the TEA.

(3) Effective September 1, 2017, to meet the subject matter requirements for issuance of the probationary certificate in a certification class other than classroom teacher, the individual must pass the appropriate content pedagogy examination(s) for that certificate.

(4) The holder of a probationary certificate in a certification class other than classroom teacher is subject to all terms and conditions of an intern certificate prescribed in subsection (c) of this section.

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 March 2, 2026.

TRD-202601041

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

SUBCHAPTER E. EDUCATIONAL AIDE CERTIFICATE

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §21.041, which authorizes the State Board for Educator Certification (SBEC) to adopt rules as necessary for its own procedures and specifies the certification-related rules and fees under the SBEC's authority.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §21.041.

§230.53. Procedures in General.

(a) School district administrators have the authority and responsibility to determine the number of educational aides and level of job performance desired for the operation of the school district. The school district administrator is responsible for preparing accurate job descriptions for each assignment, classifying each assignment, and filling these assignments with individuals certified according to this subchapter.

(b) An appropriate educational aide certificate shall be issued to a qualified individual who is recommended by the employing superintendent or his or her designee and who meets the requirements of this subchapter. The school district shall submit a completed application and recommendation for an educational aide certificate to Texas Education Agency [(TEA)] staff. The applicant shall pay the designated fee.

(c) The applicant for an educational aide certificate must be able to communicate, listen, read, write, and comprehend the English language sufficiently to use it easily and readily in daily communication as determined by the employing school district.

(d) An individual with experience in other states must have that experience verified on a teacher service record when he or she is employed in a Texas school district.

(e) An applicant for an educational aide certificate is subject to the provisions in §230.11(b)(1)-(4) of this title (relating to General Requirements).

(g) [(f)] An individual who holds a valid Texas classroom teaching certificate may serve as an educational aide without obtaining an educational aide certificate.

(h) [(g)] An individual seeking a higher level of educational aide certificate must submit a completed online application and payment and be recommended for issuance at the higher level by the employing school district.

§230.55. Certification Requirements for Educational Aide I.

An applicant for an Educational Aide I certificate shall meet the requirements in either paragraphs (1) and (2) of this section or paragraphs (3) and (4) of this section as follows:

(1) hold a high school diploma, the equivalent of a high school diploma, or higher; and

(2) have experience working with students or parents as approved by the employing superintendent. Experience may be work in church-related schools, day camps, youth groups, private schools, licensed daycare centers, or similar experience; or

(3) be a high school student [18 years of age or older]; and

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 March 2, 2026.

TRD-202601042

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

SUBCHAPTER H. TEXAS EDUCATOR CERTIFICATES BASED ON CERTIFICATION AND COLLEGE CREDENTIALS FROM OTHER STATES OR TERRITORIES OF THE UNITED STATES

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §21.040(4), which requires the State Board for Educator Certification (SBEC) to develop and implement policies that clearly define the respective responsibilities of the board and the board's staff; TEC, §21.041, which authorizes the SBEC to adopt rules as necessary for its own procedures and specifies the certification-related rules and fees under the SBEC's authority; TEC, §21.048, which states the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the board that includes not requiring more than 45 days elapsing between examination retakes and that starting January 1, 2021, all candidates teaching Prekindergarten-Grade 6 must demonstrate proficiency in the science of teaching reading on a certification examination; TEC, §21.052(a)-(e), which outline the requirements and conditions under which the SBEC may issue a certificate to an educator who applies for a certificate and holds comparable credentials in another state or country; and TEC, §21.0521, as added by House Bill (HB) 1178, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to establish a temporary certificate for immediate issuance to eligible educators licensed outside the state.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.040(4); 21.041; 21.048; 21.052(a)-(e); and 21.0521, as added by House Bill (HB) 1178, 89th Texas Legislature, Regular Session, 2025.

§230.111. General Provisions.

(a) A Texas educator certificate may be issued to an individual who holds a college degree and a valid, [an] acceptable certificate or credential issued by the authorized licensing agency in another state or territory of the United States and who meets appropriate requirements specified in §230.11 of this title (relating to General Requirements) and elsewhere in this subchapter.

(b) The degree held by an applicant from another state or territory of the United States must be equivalent to at least a bachelor's degree or higher issued by an accredited institution of higher education.

(c) The certificate or other credential issued by the authorized licensing agency in another state or territory of the United States may not be an expired certificate, a temporary permit, a credential issued by a city or school district, or a certificate for which academic or other program deficiencies are indicated. [Specific examination or renewal requirements shall not be considered academic deficiencies.]

(d) [(e)] The certificate and areas of certification issued by the authorized licensing agency in another state or territory of the United States must be equivalent to a certificate or grade level that is within the early childhood-Grade 12 level and approved by the State Board for Educator Certification (SBEC). Based on the certificates submitted with the application for review of credentials, the Texas Education Agency (TEA) staff shall identify the certification areas for which the applicant qualifies in Texas. The certificate(s) for which the applicant qualifies may be issued by the TEA staff under the authority of the SBEC.

(e) [(f)] If a Texas examination or certification is scheduled to be eliminated, an individual requesting certification and examination comparability must ensure that the application and all review documentation, including examination scores, are received by TEA staff 60 calendar days before the application submission deadline for the examination and/or certification sought.

§230.113. Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States.

(a) An applicant for a standard Texas certificate based on a certificate issued in accordance with §230.111 of this title (relating to General Provisions) must:

(1) pass the appropriate examination requirements prescribed in the Texas Education Code (TEC), §21.048(a), and §230.21 of this title (relating to Educator Assessment);

(2) achieve an acceptable level of performance on an examination(s) that has been determined to be similar to and at least as rigorous as that prescribed in the TEC, §21.048(a), and §230.21 of this title that was administered to the applicant under the authority of another state or territory of the United States. The applicant shall verify in a manner determined by the Texas Education Agency staff the level of performance on acceptable examinations administered under the authority of another state or territory of the United States; or

(3) qualify for an exemption from required Texas examinations through provisions in §152.1001 of Part 2 of this title (relating to Exceptions to Examination Requirements for Individuals Certified Outside the State).

(b) If all certification requirements are met except the appropriate examination requirements, the applicant may request issuance of a one-year certificate in one or more certification areas authorized on the out-of-state certificate. The one-year certificate is issued immediately following the successful completion of the credentials review and the fingerprinting and background check processes. An applicant who holds only a student services, principal, or superintendent certificate issued in accordance with Chapter 239 of this title (relating to Student Services Certificates), with the exception of Subchapter E (relating to Legacy Master Teacher Certificate); Chapter 241 of this title (relating to Certification as Principal); or Chapter 242 of this title (relating to Superintendent Certificate) may be issued the equivalent Texas certificate. The applicant must verify two creditable years of service in an Early Childhood-Grade 12 public or accredited private school in the specific student services or administrative area sought.

(c) After satisfying all requirements, including all appropriate examination requirements, the applicant is eligible to receive the appropriate standard certificate issued under Subchapter D of this chapter (relating to Types and Classes of Certificates Issued).

(d) An applicant issued a one-year certificate under this section who does not complete the appropriate examination requirements to establish eligibility for a standard certificate during the validity of the one-year certificate, is not eligible for any type of certificate or permit authorizing employment for the same certificate until he or she has satisfied the appropriate examination requirements. If examination requirements are not met during the validity period of the one-year certificate due to circumstances beyond the control of the educator, the employing school district may request an extension not to exceed one calendar year in length.

(e) An applicant shall not be required to complete the content specialization portion of the certification examination in a certification area for which he or she does not seek standard certification unless the examination is required to establish a base classroom teaching certificate. A supplemental certificate, as described in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates), may not be issued as a standard certificate unless the educator has established a classroom teaching certificate and may not be added to a one-year certificate.

(f) An applicant issued a one-year certificate under this section who, during or subsequent to the validity of the certificate, establishes eligibility for a standard certificate may apply for:

(1) a new one-year certificate in another certification area based on an acceptable certificate from another state or territory of the United States; or

(2) a second one-year certificate in an area previously authorized on a one-year certificate provided the applicant was not assigned to the area and has not attempted the appropriate examination requirements for that area.

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 March 2, 2026.

TRD-202601044

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

CHAPTER 247. EDUCATORS' CODE OF ETHICS

The State Board for Educator Certification (SBEC) proposes an amendment to 19 Texas Administrative Code (TAC) §247.2, concerning the code of ethics and standard practices for Texas educators. The proposed amendment would implement Senate Bill (SB) 571 and SB 12, 89th Texas Legislature, Regular Session, 2025.

BACKGROUND INFORMATION AND JUSTIFICATION: The 89th Texas Legislature, Regular Session, 2025, passed SB 571 and SB 12, which significantly impact the SBEC's rules related to educator misconduct. SB 571 amended multiple statutory provisions related to educator misconduct, including mandatory reporting and the creation of temporary suspension authority. SB 12 created new requirements for public school employees and prohibitions related to instruction, diversity, equity, and inclusion duties as well as social transitioning. The SBEC rules in 19 TAC Chapter 247 establish the Educator's Code of Ethics, which need to be updated based on the changes in SB 571 and SB 12.

At the September and December 2025 meetings, the SBEC had preliminary discussions on potential amendments to Chapter 247. The recommendations discussed were informed by legislative changes as well as stakeholder feedback. Texas Education Agency (TEA) staff presented these potential changes to the Educator Preparation Stakeholder Group on January 9, 2026, and held a stakeholder engagement meeting with the public on December 17, 2025.

The following proposed amendment to §247.2 incorporates both SBEC and stakeholder input. This proposal also includes technical edits to update statutory citations and conform to Texas Register style requirements.

§247.2. Code of Ethics and Standard Practices for Texas Educators

Proposed new §247.2(1)(N) would align the Educators' Code of Ethics to Texas Education Code (TEC), §11.005, and incorporate the prohibitions on diversity, equity, and inclusion duties.

Proposed new §247.2(1)(O) would align the Educators' Code of Ethics to TEC, §11.401, and incorporate the prohibitions on assistance with social transitioning.

Proposed new §247.2(1)(P) would align the Educators' Code of Ethics to TEC, §28.0043, and incorporate the restrictions on instruction regarding sexual orientation and gender identity.

Proposed new §247.2(1)(Q) would align the Educators' Code of Ethics to the requirement that an educator provide full information to a parent concerning a student in TEC, §26.008.

Proposed new §247.2(1)(R) would add a new prohibition to the Educators' Code of Ethics that prohibits an educator from promoting, advocating, or encouraging illegal conduct as described in TEC, §22A.201(a), or that is directly related to student behavior or school property, and done so in a manner that is accessible or visible to students.

The proposed amendment to §247.2(3)(H) would update the definition of appropriate educator student boundaries to include physical proximity or physical contact with a student beyond the professional role, contacting or meeting the student beyond the professional role or making efforts to gain access alone with the student with no discernible purpose, transporting the student with permission or in violation of school board policy unless in the event of an emergency, taking or possessing a photo or video of the student beyond the professional role or in violation of school board policy, or showing favoritism or isolation through gifts, rewards, or privileges.

The proposed amendment to §247.2(3)(I) would update the definition of inappropriate communication to include whether the communication could be reasonably interpreted as threatening the welfare and/or safety of the student.

FISCAL IMPACT: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years enforcing or administering the rules does not have foreseeable implications relating to cost or revenues of the state or local governments. There are no additional costs to entities required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code (TGC), §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years the proposal is in effect, the public benefit anticipated would be aligning the rules with statute and reflecting current procedures. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA staff has determined the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The SBEC requests public comments on the proposal, including, per TGC, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins March 13, 2026, and ends April 13, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. Comments on the proposal may also be submitted by calling (512) 475-1497. The SBEC will also take registered oral and written comments on the proposal during the April 24, 2026 meeting's public comment period in accordance with the SBEC board operating policies and procedures.

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.035, which states that Texas Education Agency (TEA) staff provides administrative functions and services for SBEC and gives SBEC the authority to delegate to either the commissioner of education or to TEA staff the authority to settle or otherwise informally dispose of contested cases involving educator certification; TEC, §21.041, as amended by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025, which authorizes the SBEC to adopt rules as necessary for its own procedures and to regulate educators, specify the requirements for issuance or renewal of an educator certificate, administer statutory requirements, and provide for educator disciplinary proceedings and for enforcement of the educator's code of ethics; TEC, §21.044(a), which authorizes the SBEC to adopt rules establishing training requirements and academic qualifications required for a person to obtain an educator certificate; TEC, §21.0581, which authorizes the SBEC to suspend, revoke, or impose other sanctions against an individual if the individual assists another person in obtaining employment at a school and the person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law; TEC, §21.060, which sets out crimes that relate to the education profession and authorizes the SBEC to sanction or refuse to issue a certificate to any person who has been convicted of one of these offenses; TEC, §21.065, which sets requirements for the notice SBEC must send when it suspends an educator's certificate; TEC, §21.105(a), which allows the SBEC to impose sanctions against an educator who abandons a probationary contract; TEC, §21.105(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which provides that the SBEC may impose sanctions against a teacher employed under a probationary contract who resigns, fails without good cause to comply with subsection (a) or (b), and fails to perform the contract; TEC, §21.105(e), which requires the SBEC to consider any mitigating factors relevant to the teacher's conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training; TEC, §21.105(f), which forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year; TEC, §21.160(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which allows the SBEC to impose sanctions against an educator who abandons a continuing contract; TEC, §21.160(e), which requires the SBEC to consider any mitigating factors relevant to the teacher's conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training; TEC, §21.160(f), which forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year; TEC, §21.160(g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which provides that the SBEC may not impose a sanction against a teacher who relinquishes a position under a continuing contract and the leaves employment after the 45th day before instruction of the upcoming school year and without consent, if the teacher's failure to comply was due to the good cause factors listed in paragraphs (1)-(4); TEC, §21.210(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which allows the SBEC to impose sanctions against an educator who abandons a term contract; TEC, §21.210(e), which requires the SBEC to consider any mitigating factors relevant to the teacher's conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training; TEC, §21.210(f), which forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year; TEC, §21.210(g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establishes the requirements for good cause when a contract is abandoned; TEC, §22.082, which requires the SBEC to subscribe to the criminal history clearinghouse and allows the SBEC to obtain any criminal history from any closed case file; TEC, §22.0831, which requires the SBEC to review the criminal history of certified educators and applicants for certification; TEC, §22.087, which requires superintendents and directors of school districts, charter schools, private schools, regional education service centers, and shared services arrangement to notify the SBEC if an applicant for a certification has criminal history that is not in the criminal history clearinghouse; TEC, §22A.001, as added, redesignated, and amended by Senate Bill (SB) 571, 89th Texas Legislature, Regular Session, 2025, which provides definitions for TEC, Chapter 22A; TEC, §22A.051(a), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires that the superintendent or director of an educational entity notify the SBEC if an educator employed by or seeking employment has a criminal record and the entity obtained information about the criminal record by a means other than the criminal history clearinghouse, if an educator's employment was terminated or the educator resigned and there is evidence that the educator engaged in specific conduct, or if the superintendent or director becomes aware that the educator engaged in specific conduct; TEC, §22A.051(c), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires a principal of a school district, district of innovation, or charter school to notify the superintendent within 48 hours after the principal becomes aware of misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D); TEC, §22A.051(d), as added by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires that the superintendent or director notify the SBEC by filing a report with the SBEC not later than 48 hours after the superintendent or director receives notice from a principal or becomes aware of evidence of misconduct under TEC, §22A.051(a)(2)(A), (B), (C), or (D); TEC, §§22A.051(h) and (i), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which give the SBEC authority to impose administrative penalties on principals and superintendents who fail to fulfill their reporting obligations to the SBEC under TEC, §21.006, and give the SBEC rulemaking authority to implement TEC, §22A.051; TEC, §22A.052, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires superintendents or directors of educational entities to notify the commissioner of education if an employee or service provider resigned or was terminated and there is evidence that the person engaged in misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D), or the superintendent or director becomes aware of evidence that the person engaged in misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D); TEC, §22A.054, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which gives the SBEC authority to place a notice that an educator is under investigation for alleged misconduct on the educator's public certification records, requires the SBEC give the educator notice and an opportunity to show cause, requires that the SBEC limit the amount of time the notice can appear on the educator's certification, and gives the SBEC rulemaking authority as necessary to implement the provision. TEC, §22A.054, also provides that the SBEC shall notify the agency for purposes of placing an educator on the registry; TEC, §22A.055(f), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which states that the SBEC may revoke the certificate of an administrator if the SBEC determines it is reasonable to believe that the administrator employed a person or accepted services from a service provider despite being aware that the person knowingly failed to disclose information required to be disclosed under this section; TEC, §22A.151, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires educational entities to discharge or refuse to hire or terminate or refuse to accept services from any person listed on the registry of persons not eligible for employment in Texas public schools; and provides that an educational entity may not allow a person who is listed on the registry to act as a service provider for an educational entity; TEC, §22A.157, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires school districts, charter schools, and shared services arrangements to conduct fingerprint criminal background checks on employees and refuse to hire those that have certain criminal history; and provides that the SBEC may impose a sanction on an educator who does not discharge an employee or refuse to hire an applicant if the educator knows or should have known that the employee or applicant has certain criminal history; TEC, §22A.201, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to revoke the certification of an educator convicted or placed on deferred adjudication community supervision for certain offenses; TEC, §22A.202, as added by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to temporarily suspend an educator's certification or permit if the SBEC finds that the educator's continued certification or permit issuance constitutes a continuing and imminent threat to the public welfare and provides that the SBEC shall propose rules to implement this section; TEC, §22A.203, as added by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to temporarily suspend an educator's certification or permit if the educator is arrested for specific offenses and provides that the SBEC shall propose rules to implement this section; and TEC, §22A.301, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the chief administrative officer of a private school to notify the SBEC no later than 48 hours after the chief administrative officer becomes aware of evidence of an alleged incident of misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D) and provides that the SBEC shall propose rules to implement this section; Texas Government Code (TGC), §411.090, which allows the SBEC to get from the Texas Department of Public Safety all criminal history record information about any applicant for licensure as an educator; TGC, §2001.054(c), which requires the SBEC to give notice by personal service or by registered or certified mail to the license holder of the factors or conduct alleged to warrant suspension, revocation, annulment, or withdrawal of an educator's certificate and to give the certified educator an opportunity to show that the educator is in compliance with the relevant statutes and rules; TGC, §2001.058(e), which sets out the requirements for when the SBEC can make changes to a proposal for decision from an administrative law judge; and TGC, §2001.142(a), which requires all Texas state licensing agencies to notify parties to contested cases of orders or decisions of the agency by personal service, electronic means if the parties have agreed to it, first class, certified or registered mail, or by any method required under the agency's rules for a party to serve copies of pleadings in a contested case; Texas Family Code, §261.308(d) and (e), which require the Texas Department of Family and Protective Services to release information regarding a person alleged to have committed abuse or neglect to the SBEC; and Texas Family Code, §261.406(a) and (b), as amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which require the Texas Department of Family and Protective Services to send a copy of a completed investigation report involving allegations of abuse or neglect of a child in a public or private school to the TEA; Texas Occupations Code (TOC), §53.021(a), which allows the SBEC to suspend or revoke an educator's certificate, or refuse to issue a certificate, if a person is convicted of certain offenses; TOC, §53.022, which sets out factors for the SBEC to determine whether a particular criminal offense relates to the occupation of education; TOC, §53.023, which sets out additional factors for the SBEC to consider when deciding whether to allow a person convicted of a crime to serve as an educator; TOC, §53.0231, which sets out information the SBEC must give an applicant when it denies a license and requires that the SBEC allow 30 days for the applicant to submit any relevant information to the SBEC; TOC, §53.024, which states that proceedings to deny or sanction an educator's certification are covered by the Texas Administrative Procedure Act, TGC, Chapter 2001; TOC, §53.025, which gives the SBEC rulemaking authority to issue guidelines to define which crimes relate to the profession of education; TOC, §53.051, which requires that the SBEC notify a license holder or applicant after denying, suspending, or revoking the certification; TOC, §53.052, which allows a person who has been denied an educator certification or had their educator certification revoked or suspended to file a petition for review in state district court after exhausting all administrative remedies; and TOC, §56.003, which prohibits state agencies from taking disciplinary action against licensees for student loan non-payment or default; and Every Student Succeeds Act (ESSA), 20 USC, §7926, which requires state educational agencies to make rules forbidding educators from aiding other school employees, contractors, or agents in getting jobs when the educator knows the jobseeker has committed sexual misconduct with a student or minor in violation of the law.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.031(a); 21.035; 21.041, as amended by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044(a); 21.0581; 21.060; 21.065; 21.105(a); (c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e), and (f); 21.160(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e); (f); and (g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.210(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e); (f); and (g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 22.082; 22.0831; 22.087; and 22A.001; 22A.051(a), (c), (h), and (i); 22A.052; 22A.054; 22A.055(f); 22A.151; 22A.157; 22A.201; and 22A.301, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025; and 22A.051(d), 22A.202; and 22A.203, as added by SB 571, 89th Texas Legislature, Regular Session 2025; Texas Government Code (TGC), §§411.090, 2001.054(c), 2001.058(e), and 2001.142(a); Texas Family Code, §261.308(d) and (e); §261.406(a) and (b), as amended by SB 571, 89th Texas Legislature, Regular Session, 2025; Texas Occupations Code (TOC), §§53.021(a); 53.022-53.025; 53.051; 53.052; and 56.003; and the Every Student Succeeds Act (ESSA), 20 USC, §7926.

§247.2. Code of Ethics and Standard Practices for Texas Educators.

Enforceable Standards.

(1) Professional Ethical Conduct, Practices and Performance.

(A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process.

(B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage.

(C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay.

(D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage.

(E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service.

(F) Standard 1.6. The educator shall not falsify records[,] or direct or coerce others to do so.

(G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws.

(H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications.

(I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students.

(J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state.

(K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment.

(L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants.

(M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present.

(2) Ethical Conduct Toward Professional Colleagues.

(A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law.

(B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system.

(C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel.

(D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities.

(E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation.

(F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues.

(G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter.

(H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment.

(3) Ethical Conduct Toward Students.

(A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law.

(B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor.

(C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student.

(D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation.

(E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor.

(F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor.

(G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator.

(H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. Factors that may be considered in context and on the totality of the circumstances in assessing whether appropriate boundaries were maintained include, but are not limited to:

(I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in context and on the totality of the circumstancesin assessing whether the communication is inappropriate include, but are not limited to:

(i) the nature, purpose, timing, and amount of the communication;

(ii) the subject matter of the communication;

(iii) whether the communication was made openly, or the educator attempted to conceal the communication;

(iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship;

(v) whether the communication was sexually explicit; [and]

(vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student; and[.]

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 March 2, 2026.

TRD-202601043

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

CHAPTER 249.DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES

The State Board for Educator Certification (SBEC) proposes an amendment to 19 Texas Administrative Code (TAC) §249.14 and §249.17 and new §249.51 and §249.52, concerning enforcement actions and guidelines and temporary suspensions. The proposed revisions would implement Senate Bill (SB) 571 and SB 12, 89th Texas Legislature, Regular Session, 2025.

BACKGROUND INFORMATION AND JUSTIFICATION: The 89th Texas Legislature, Regular Session, 2025, passed SB 571 and SB 12, which significantly impact the SBEC's rules related to educator misconduct. SB 571 amended multiple statutory provisions related to educator misconduct, including mandatory reporting and the creation of temporary suspension authority. SB 12 created new requirements for public school employees and prohibitions related to instruction, diversity, equity, and inclusion duties as well as social transitioning. The SBEC rules in 19 TAC Chapter 249 establish the minimum sanctions for violations of SBEC rules and the practice procedures for SBEC contested case proceedings, which need to be updated based on the changes in SB 571 and SB 12.

At the September and December 2025 meetings, the SBEC had preliminary discussions on potential amendments to Chapter 249. The recommendations discussed were informed by legislative changes as well as stakeholder feedback. Texas Education Agency (TEA) staff presented these potential changes to the Educator Preparation Stakeholder Group on January 9, 2026, and held a stakeholder engagement meeting with the public on December 17, 2025.

The following proposed revisions to 19 TAC Chapter 249, Subchapters B and F, incorporate both SBEC and stakeholder input. This proposal also includes technical edits to update statutory citations and conform to Texas Register style requirements.

Subchapter B, Enforcement Actions and Guidelines

§249.14. Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition.

The proposed amendment to §249.14(d) would update the reporting requirements for superintendents and directors to reflect the statutory changes in SB 571. This includes the requirement to report within 48 hours, physical mistreatment of a student regardless of bodily injury, the requirement to report inappropriate communications, failure to maintain appropriate boundaries, and the requirement to report when the superintendent or director becomes aware of evidence that misconduct occurred.

The proposed amendment to §249.14(e) would update the reporting requirement for a principal to notify a superintendent or director to no later than 48 hours to reflect the statutory changes in SB 571.

§249.17. Decision-Making Guidelines.

The proposed amendment to §249.17(d)(1) would update the good cause factors for contract abandonment, including an update to the factor in subparagraph (B), which provides for good cause due to relocation of an educator or an educator's spouse because of a change in employers or location of employment, and other minor language changes required by House Bill 2, 89th Texas Legislature, Regular Session, 2025.

The proposed amendment to §249.17(l) would add a minimum sanction for a violation of TEC, §22A.055(f), of no less than a three-year suspension.

Additional technical edits were made to subsections (j) and (i) to update statutory citations to reflect legislative changes made by SB 571.

Subchapter F, Temporary Suspensions

Proposed new Subchapter F would provide rules related to temporary suspensions, as required by SB 571.

§249.51. Temporary Suspension Based on Continuing and Imminent Threat.

Proposed new §249.51 would add a definition for continuing and imminent threat to the public welfare for purposes of temporary suspensions to reflect legislative changes made by SB 571.

Proposed new §249.51(a) would provide that if the SBEC or a committee designated by the SBEC has reason to believe that an educator is a continuing and imminent threat to the public welfare, a disciplinary proceeding will be held as soon as possible in accordance with TEC, §22A.202.

Proposed new §249.51(b) would define continuing and imminent threat to the public welfare as a real danger to students or the public from acts or omissions of the educator, which includes solicitation, engagement of a romantic relationship, abuse, neglect, consideration of whether the harm alleged is more than abstract, hypothetical or remote, may include both actions and inactions of the educator, consideration of whether the conduct occurred on or off a school campus and whether there have been prior complaints, investigations, or discipline of the same or similar nature against the educator.

§249.52. Process for Temporary Suspension of a License or Permit.

Proposed new §249.52 would create the process for temporary suspensions under TEC, §22A.202 and §22A.203, to reflect legislative changes in SB 571.

Proposed new §249.52(a) would provide that the SBEC shall appoint a five-member temporary suspension committee. It would also provide that in the event of the recusal of a member of the committee or the inability of a committee member to attend a temporary suspension proceeding, the SBEC chair may appoint an alternate member.

Proposed new §249.52(b) would provide that a with-notice hearing may include the presentation of evidence, deliberations, and an announcement of the committee's decision. It would also provide that notice for a with-notice hearing must be sent to the respondent no less than 10 days before the hearing via electronic mail, but if the electronic mail is returned as undeliverable, the notice will be sent via certified mail.

Proposed new §249.52(c) would provide that evidence at a temporary suspension proceeding be under the relaxed standard in Texas Government Code (TGC), §2001.081.

Proposed new §249.52(d) would provide that if a majority of the committee votes to temporarily suspend a license or a permit, the suspension shall have an immediate effect and that the committee chair will sign an order that will be sent to the respondent via electronic mail or first-class mail.

Proposed new §249.52(e) would provide that a certificate or permit may be suspended without notice to the respondent under TEC, §22A.202(c), if at the time of the suspension, agency staff initiates proceedings at State Office of Administrative Hearings (SOAH) simultaneously with the temporary suspension, and a hearing is held as soon as practicable under TEC, Chapter 22A, and TGC, Chapter 2001.

Proposed new §249.52(f) would provide that agency staff shall serve notice of a probable cause on a respondent in accordance with SOAH's rules. This amendment would also provide that a respondent may request a continuance of or waive a probable cause hearing and if the administrative law judge (ALJ) grants the continuance or respondent waives the hearing, the suspension remains in effect.

Proposed new §249.52(g) would provide that at a probable cause hearing an ALJ shall determine whether there is probable cause to continue the temporary suspension of the license or permit and issue an order on that determination.

Proposed new §249.52(h) would provide that SOAH shall hold a hearing no later than 61 days from the date of the temporary suspension date or the date of the final disposition as required by TEC, §22A.202 and §22A.203. This new rule would also provide that at this hearing, staff may present evidence of any additional violations related to the respondent.

Proposed new §249.52(i) would provide that staff would send notice of the final hearing in accordance with SOAH's rules and that the respondent may request a continuance or waive the final hearing.

Proposed new §249.52(j) would provide that after the final hearing, the ALJ shall issue a proposal for decision on the suspension and the proposal for decision may address any additional violations.

Proposed new §249.52(k) would provide that for purposes of a suspension under TEC, §22A.203, a final disposition of a criminal case includes evidence of a final, non-appealable conviction; an acceptance and entry of a plea agreement; a dismissal; an acquittal; or a successful completion of deferred adjudication.

Proposed new §249.52(l) would provide that a temporary suspension takes effect immediately and remains in effect until a final or superseding order of the committee or SBEC is entered; the staff receives documentation that the information or indictment that served as the underlying basis for arrest has been dismissed or otherwise nullified, the prosecuting authority rejects the prosecution, or charges are dismissed for a temporary suspension under TEC, §22A.203; or the ALJ issued an order determining that there is no probable cause to continue the temporary suspension under TEC, §22A.202.

FISCAL IMPACT: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years enforcing or administering the rules does not have foreseeable implications relating to cost or revenues of the state or local governments. There are no additional costs to entities required to comply with the proposal.

LOCAL EMPLOYMENT IMPACT: The proposal has no effect on local economy; therefore, no local employment impact statement is required under TGC, §2001.022.

SMALL BUSINESS, MICROBUSINESS, AND RURAL COMMUNITY IMPACT: The proposal has no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required.

COST INCREASE TO REGULATED PERSONS: The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to TGC, §2001.0045.

TAKINGS IMPACT ASSESSMENT: The proposal does not impose a burden on private real property and, therefore, does not constitute a taking under TGC, §2007.043.

GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.

PUBLIC BENEFIT AND COST TO PERSONS: Jessica McLoughlin, associate commissioner for educator preparation, certification, and enforcement, has determined that for the first five years the proposal is in effect, the public benefit anticipated would be aligning the rules with statute and reflecting current procedures. There is no anticipated economic cost to persons who are required to comply with the proposal.

DATA AND REPORTING IMPACT: The proposal would have no new data and reporting impact.

ENVIRONMENTAL IMPACT: The proposal does not require an environmental impact analysis because the proposal does not include major environmental rules under TGC, §2001.0225.

PRINCIPAL AND CLASSROOM TEACHER PAPERWORK REQUIREMENTS: The TEA staff has determined the proposal would not require a written report or other paperwork to be completed by a principal or classroom teacher.

PUBLIC COMMENTS: The SBEC requests public comments on the proposal, including, per TGC, §2001.024(a)(8), information related to the cost, benefit, or effect of the proposed rule and any applicable data, research, or analysis, from any person required to comply with the proposed rule or any other interested person. The public comment period on the proposal begins March 13, 2026, and ends April 13, 2026. A form for submitting public comments is available on the TEA website at https://tea.texas.gov/About_TEA/Laws_and_Rules/SBEC_Rules_(TAC)/Proposed_State_Board_for_Educator_Certification_Rules/. Comments on the proposal may also be submitted by calling (512) 475-1497. The SBEC will also take registered oral and written comments on the proposal during the April 24, 2026 meeting's public comment period in accordance with the SBEC board operating policies and procedures.

SUBCHAPTER B. ENFORCEMENT ACTIONS AND GUIDELINES

STATUTORY AUTHORITY. The amendments are proposed under Texas Education Code (TEC), §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.035, which states that Texas Education Agency (TEA) staff provides administrative functions and services for SBEC and gives SBEC the authority to delegate to either the commissioner of education or to TEA staff the authority to settle or otherwise informally dispose of contested cases involving educator certification; TEC, §21.041, as amended by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025, which authorizes the SBEC to adopt rules as necessary for its own procedures and to regulate educators, specify the requirements for issuance or renewal of an educator certificate, administer statutory requirements, and provide for educator disciplinary proceedings and for enforcement of the educator's code of ethics; TEC, §21.044(a), which authorizes the SBEC to adopt rules establishing training requirements and academic qualifications required for a person to obtain an educator certificate; TEC, §21.0581, which authorizes the SBEC to suspend, revoke, or impose other sanctions against an individual if the individual assists another person in obtaining employment at a school and the person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law; TEC, §21.060, which sets out crimes that relate to the education profession and authorizes the SBEC to sanction or refuse to issue a certificate to any person who has been convicted of one of these offenses; TEC, §21.065, which sets requirements for the notice SBEC must send when it suspends an educator's certificate; TEC, §21.105(a), which allows the SBEC to impose sanctions against an educator who abandons a probationary contract; TEC, §21.105(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which provides that the SBEC may impose sanctions against a teacher employed under a probationary contract who resigns, fails without good cause to comply with subsection (a) or (b), and fails to perform the contract; TEC, §21.105(e), which requires the SBEC to consider any mitigating factors relevant to the teacher's conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training; TEC, §21.105(f), which forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year; TEC, §21.160(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which allows the SBEC to impose sanctions against an educator who abandons a continuing contract; TEC, §21.160(e), which requires the SBEC to consider any mitigating factors relevant to the teacher's conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training; TEC, §21.160(f), which forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year; TEC, §21.160(g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which provides that the SBEC may not impose a sanction against a teacher who relinquishes a position under a continuing contract and the leaves employment after the 45th day before instruction of the upcoming school year and without consent, if the teacher's failure to comply was due to the good cause factors listed in paragraphs (1)-(4); TEC, §21.210(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which allows the SBEC to impose sanctions against an educator who abandons a term contract; TEC, §21.210(e), which requires the SBEC to consider any mitigating factors relevant to the teacher's conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training; TEC, §21.210(f), which forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year; TEC, §21.210(g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establishes the requirements for good cause when a contract is abandoned; TEC, §22.082, which requires the SBEC to subscribe to the criminal history clearinghouse and allows the SBEC to obtain any criminal history from any closed case file; TEC, §22.0831, which requires the SBEC to review the criminal history of certified educators and applicants for certification; TEC, §22.087, which requires superintendents and directors of school districts, charter schools, private schools, regional education service centers, and shared services arrangement to notify the SBEC if an applicant for a certification has criminal history that is not in the criminal history clearinghouse; TEC, §22A.001, as added, redesignated, and amended by Senate Bill (SB) 571, 89th Texas Legislature, Regular Session, 2025, which provides definitions for TEC, Chapter 22A; TEC, §22A.051(a), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires that the superintendent or director of an educational entity notify the SBEC if an educator employed by or seeking employment has a criminal record and the entity obtained information about the criminal record by a means other than the criminal history clearinghouse, if an educator's employment was terminated or the educator resigned and there is evidence that the educator engaged in specific conduct, or if the superintendent or director becomes aware that the educator engaged in specific conduct; TEC, §22A.051(c), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires a principal of a school district, district of innovation, or charter school to notify the superintendent within 48 hours after the principal becomes aware of misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D); TEC, §22A.051(d), as added by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires that the superintendent or director notify the SBEC by filing a report with the SBEC not later than 48 hours after the superintendent or director receives notice from a principal or becomes aware of evidence of misconduct under TEC, §22A.051(a)(2)(A), (B), (C), or (D); TEC, §§22A.051(h) and (i), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which give the SBEC authority to impose administrative penalties on principals and superintendents who fail to fulfill their reporting obligations to the SBEC under TEC, §21.006, and give the SBEC rulemaking authority to implement TEC, §22A.051; TEC, §22A.052, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires superintendents or directors of educational entities to notify the commissioner of education if an employee or service provider resigned or was terminated and there is evidence that the person engaged in misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D), or the superintendent or director becomes aware of evidence that the person engaged in misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D); TEC, §22A.054, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which gives the SBEC authority to place a notice that an educator is under investigation for alleged misconduct on the educator's public certification records, requires the SBEC give the educator notice and an opportunity to show cause, requires that the SBEC limit the amount of time the notice can appear on the educator's certification, and gives the SBEC rulemaking authority as necessary to implement the provision. TEC, §22A.054, also provides that the SBEC shall notify the agency for purposes of placing an educator on the registry; TEC, §22A.055(f), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which states that the SBEC may revoke the certificate of an administrator if the SBEC determines it is reasonable to believe that the administrator employed a person or accepted services from a service provider despite being aware that the person knowingly failed to disclose information required to be disclosed under this section; TEC, §22A.151, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires educational entities to discharge or refuse to hire or terminate or refuse to accept services from any person listed on the registry of persons not eligible for employment in Texas public schools; and provides that an educational entity may not allow a person who is listed on the registry to act as a service provider for an educational entity; TEC, §22A.157, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires school districts, charter schools, and shared services arrangements to conduct fingerprint criminal background checks on employees and refuse to hire those that have certain criminal history; and provides that the SBEC may impose a sanction on an educator who does not discharge an employee or refuse to hire an applicant if the educator knows or should have known that the employee or applicant has certain criminal history; TEC, §22A.201, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to revoke the certification of an educator convicted or placed on deferred adjudication community supervision for certain offenses; TEC, §22A.202, as added by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to temporarily suspend an educator's certification or permit if the SBEC finds that the educator's continued certification or permit issuance constitutes a continuing and imminent threat to the public welfare and provides that the SBEC shall propose rules to implement this section; TEC, §22A.203, as added by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to temporarily suspend an educator's certification or permit if the educator is arrested for specific offenses and provides that the SBEC shall propose rules to implement this section; and TEC, §22A.301, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the chief administrative officer of a private school to notify the SBEC no later than 48 hours after the chief administrative officer becomes aware of evidence of an alleged incident of misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D) and provides that the SBEC shall propose rules to implement this section; Texas Government Code (TGC), §411.090, which allows the SBEC to get from the Texas Department of Public Safety all criminal history record information about any applicant for licensure as an educator; TGC, §2001.054(c), which requires the SBEC to give notice by personal service or by registered or certified mail to the license holder of the factors or conduct alleged to warrant suspension, revocation, annulment, or withdrawal of an educator's certificate and to give the certified educator an opportunity to show that the educator is in compliance with the relevant statutes and rules; TGC, §2001.058(e), which sets out the requirements for when the SBEC can make changes to a proposal for decision from an administrative law judge; and TGC, §2001.142(a), which requires all Texas state licensing agencies to notify parties to contested cases of orders or decisions of the agency by personal service, electronic means if the parties have agreed to it, first class, certified or registered mail, or by any method required under the agency's rules for a party to serve copies of pleadings in a contested case; Texas Family Code, §261.308(d) and (e), which require the Texas Department of Family and Protective Services to release information regarding a person alleged to have committed abuse or neglect to the SBEC; and Texas Family Code, §261.406(a) and (b), as amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which require the Texas Department of Family and Protective Services to send a copy of a completed investigation report involving allegations of abuse or neglect of a child in a public or private school to the TEA; Texas Occupations Code (TOC), §53.021(a), which allows the SBEC to suspend or revoke an educator's certificate, or refuse to issue a certificate, if a person is convicted of certain offenses; TOC, §53.022, which sets out factors for the SBEC to determine whether a particular criminal offense relates to the occupation of education; TOC, §53.023, which sets out additional factors for the SBEC to consider when deciding whether to allow a person convicted of a crime to serve as an educator; TOC, §53.0231, which sets out information the SBEC must give an applicant when it denies a license and requires that the SBEC allow 30 days for the applicant to submit any relevant information to the SBEC; TOC, §53.024, which states that proceedings to deny or sanction an educator's certification are covered by the Texas Administrative Procedure Act, TGC, Chapter 2001; TOC, §53.025, which gives the SBEC rulemaking authority to issue guidelines to define which crimes relate to the profession of education; TOC, §53.051, which requires that the SBEC notify a license holder or applicant after denying, suspending, or revoking the certification; TOC, §53.052, which allows a person who has been denied an educator certification or had their educator certification revoked or suspended to file a petition for review in state district court after exhausting all administrative remedies; and TOC, §56.003, which prohibits state agencies from taking disciplinary action against licensees for student loan non-payment or default; and Every Student Succeeds Act (ESSA), 20 USC, §7926, which requires state educational agencies to make rules forbidding educators from aiding other school employees, contractors, or agents in getting jobs when the educator knows the jobseeker has committed sexual misconduct with a student or minor in violation of the law.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.031(a); 21.035; 21.041, as amended by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044(a); 21.0581; 21.060; 21.065; 21.105(a); (c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e), and (f); 21.160(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e); (f); and (g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.210(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e); (f); and (g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 22.082; 22.0831; 22.087; and 22A.001; 22A.051(a), (c), (h), and (i); 22A.052; 22A.054; 22A.055(f); 22A.151; 22A.157; 22A.201; and 22A.301, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025; and 22A.051(d), 22A.202; and 22A.203, as added by SB 571, 89th Texas Legislature, Regular Session 2025; Texas Government Code (TGC), §§411.090, 2001.054(c), 2001.058(e), and 2001.142(a); Texas Family Code, §261.308(d) and (e); §261.406(a) and (b), as amended by SB 571, 89th Texas Legislature, Regular Session, 2025; Texas Occupations Code (TOC), §§53.021(a); 53.022-53.025; 53.051; 53.052; and 56.003; and the Every Student Succeeds Act (ESSA), 20 USC, §7926.

§249.14. Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition.

(a) The Texas Education Agency (TEA) staff may obtain and investigate information concerning alleged improper conduct by an educator, applicant, examinee, or other person subject to this chapter that would warrant the State Board for Educator Certification (SBEC) denying relief to or taking disciplinary action against the person or certificate.

(b) Complaints against an educator, applicant, or examinee must be filed in writing.

(c) The TEA staff may also obtain and act on other information providing grounds for investigation and possible action under this chapter.

(d) A person who serves as the superintendent of a school district or district of innovation, the director of a charter school, regional education service center, or shared services arrangement, or the chief administrative officer of a private school may notify the SBEC of any educator misconduct that the person believes in good faith may be subject to sanctions under this chapter and/or Chapter 247 of this title (relating to Educators' Code of Ethics). However, under any of the following circumstances, a person who serves in such a position shall promptly notify the SBEC in writing by filing a report with the TEA staff within 48 hours [seven business days] of the date the person either receives a report from a principal under subsection (e) of this section or knew of any of the following circumstances[, except if the person is a superintendent or director of a public school and has completed an investigation in accordance with Texas Education Code (TEC), §21.006(c-2), resulting in a determination that the educator did not engage in misconduct]:

(1) that an applicant for or a holder of a certificate has a reported criminal history, which the superintendent or director obtained information by a means other than the criminal history clearinghouse established under Texas Government Code, §411.0845;

(2) that a certificate holder was terminated from employment and there is evidence that he or she committed any of the following acts:

(A) sexually or physically abused a student or minor or engaged in any other illegal conduct with a student or minor, including by engaging in conduct that involves physical mistreatment or constitutes a threat of violence to a student or minor and that is not justified under Texas Penal Code, Chapter 9, regardless of whether the conduct resulted in bodily injury;

(B) possessed, transferred, sold, or distributed a controlled substance;

(C) illegally transferred, appropriated, or expended school property or funds;

(D) attempted by fraudulent or unauthorized means to obtain or to alter any certificate or permit that would entitle the individual to be employed in a position requiring such certificate or permit or to receive additional compensation associated with a position;

(G) [(E)] committed a crime, any part of such crime having occurred on school property or at a school-sponsored event; or

(H) [(F)] solicited or engaged in sexual conduct or a romantic relationship with a student or minor;

(3) that a certificate holder has submitted a notice of resignation and that there exists evidence that he or she committed one of the acts specified in paragraph (2) of this subsection.

(A) Before accepting an employee's resignation that, under this paragraph, requires a person to notify the SBEC by filing a report with the TEA staff, the person shall inform the certificate holder in writing that such a report will be filed and that sanctions against his or her certificate may result as a consequence.

(B) A person required to comply with this paragraph shall notify the governing body of the employing school district before filing the report with the TEA staff.

(C) A superintendent or director of a school district shall complete an investigation of an educator if there is reasonable cause to believe the educator may have engaged in misconduct described in paragraph (2)(A) of this subsection despite the educator's resignation from district employment before completion of the investigation.[; or]

(5) [(4)] any other circumstances requiring a report under the Texas Education Code (TEC), §22A.051 [TEC, §21.006].

(e) A person who serves as a principal in a school district, a district of innovation, or a charter school must notify the superintendent or director of the school district, district of innovation, or charter school and may be subject to sanctions for failure to do so, except as provided by paragraph (3) of this subsection , no later than [seven business days after]:

(1) seven business days after an educator's termination or resignation following an alleged incident of misconduct involving one of the acts described in subsection (d)(2) of this section; [or]

(2) seven business days after the principal knew about an educator's reported criminal history; or[.]

(f) Pursuant to the TEC, §22A.051 [§21.006(b-2), (c), (h), and (i)] , a report filed under subsections (d) and (e) of this section must include:

(1) the name or names of any student or minor who is the victim of abuse or unlawful conduct by an educator; and

(2) the factual circumstances requiring the report and the subject of the report by providing the following available information:

(A) name and any aliases; certificate number, if any, or social security number;

(B) last known mailing address and home and daytime phone numbers;

(C) all available contact information for any alleged victim or victims;

(D) name or names and any available contact information of any relevant witnesses to the circumstances requiring the report;

(E) current employment status of the subject, including any information about proposed termination, notice of resignation, or pending employment actions; and

(F) involvement by a law enforcement or other agency, including the name of the agency.

(g) Pursuant to the Family Educational Rights and Privacy Act (FERPA), 20 United States Code, §1232g(a)(4), and the federal regulations interpreting it at 34 Code of Federal Regulations, §99.3, education records that are protected by FERPA must be records that are directly related to a student, and the term "education records" does not include records that relate to a school employee in his or her capacity as a school employee.

(h) A person who is required to file a report under subsections (d) and (e) of this section but fails to do so timely is subject to sanctions under this chapter.

(i) If a school district board of trustees learns of a failure by the superintendent of the district or a district principal to provide a notice required under the Texas Code of Criminal Procedure (TCCP), §15.27(a), (a-1), or (b), the board of trustees shall report the failure to the SBEC. If the governing body of a private primary or secondary school learns of a failure by the principal of the school to provide a notice required under the TCCP, §15.27(e), and the principal holds a certificate issued under the TEC, Chapter 21, Subchapter B, the governing body shall report the failure to the SBEC.

(j) The TEA staff shall not pursue sanctions against an educator who is alleged to have abandoned his or her TEC, Chapter 21, contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), subject to the limitations imposed by the TEC, §21.4021(g), unless the board of trustees of the employing school district:

(1) submits a written complaint to the TEA staff within 30 calendar days after the effective date of the educator's separation from employment from the school district. For purposes of this section, unless the school district and the educator have a written agreement to the contrary, the effective date of separation from employment is the first day that, without district permission, the educator fails to appear for work under the contract;

(2) renders a finding that good cause did not exist under the TEC, §§21.105(c)(2), 21.160(c)(2), or 21.210(c)(2). This finding constitutes prima facie evidence of the educator's lack of good cause, but is not a conclusive determination; and

(3) submits the following required attachments to the written complaint:

(A) the educator's resignation letter, if any;

(B) the agreement with the educator regarding the effective date of separation from employment, if any;

(C) the educator's contract; and

(D) school board meeting minutes indicating a finding of "no good cause" (if the board does not meet within 30 calendar days of the educator's separation from employment, the minutes may be submitted within 10 calendar days after the next board meeting).

(k) To efficiently administer and implement the SBEC's purpose under this chapter and the TEC, the TEA staff may set priorities for the investigation of complaints based on the severity and immediacy of the allegations and the likelihood of harm posed by the subject of the investigation. All cases accepted for investigation shall be assigned one of the following priorities.

(1) Priority 1: conduct that may result in the placement of an investigative notice pursuant to the TEC, §21.007, and subsection (l) of this section because it presents a risk to the health, safety, or welfare of a student or minor, parent of a student, fellow employee, or professional colleague, including, but not limited to, the following:

(A) any conduct constituting a felony criminal offense;

(B) indecent exposure;

(C) public lewdness;

(D) child abuse and/or neglect;

(E) possession of a weapon on school property;

(F) drug offenses occurring on school property;

(G) sale to or making alcohol or other drugs available to a student or minor;

(H) sale, distribution, or display of harmful material to a student or minor;

(I) certificate fraud;

(J) state assessment testing violations;

(K) deadly conduct; and

(L) conduct that involves inappropriate communication with a student as described in §247.2(3)(I) of this title (relating to Code of Ethics and Standard Practices for Texas Educators), inappropriate professional educator-student relationships and boundaries, or otherwise soliciting or engaging in sexual conduct or a romantic relationship with a student or minor.

(2) Priority 2: any sanctionable conduct that is not Priority 1 conduct under paragraph (1) of this subsection. An investigative notice will not be placed on an educator's certification records on the basis of an allegation of Priority 2 conduct. The TEA staff may change a case's priority at any time based on information received. Priority 2 conduct includes, but is not limited to, the following:

(A) any conduct constituting a misdemeanor criminal offense or testing violation that is not Priority 1 conduct;

(B) contract abandonment; and

(C) code of ethics violations that do not constitute Priority 1 conduct.

(l) After accepting a case for investigation, if the alleged conduct indicates a risk to the health, safety, or welfare of a student or minor, as described in subsection (k)(1) of this section, the TEA staff shall immediately place an investigative notice on the certificate holder's certification records stating that the certificate holder is currently under investigation. The placement of such an investigative notice must follow the procedures set forth in subsection (m)(1) of this section. After accepting a case for investigation, if the alleged conduct indicates a risk to the health, safety, or welfare of a parent of a student, fellow employee, or professional colleague, as described in subsection (k)(1) of this section, the TEA staff may place an investigative notice on the certificate holder's certification records stating that the certificate holder is currently under investigation. The placement of an investigative notice must follow the procedures set forth in subsection (m)(2) of this section.

(m) The following procedures must be followed for placing an investigative notice on the educator's certification records.

(1) At the time of placing an investigative notice on an educator's certification records for alleged conduct that indicates a risk to the health, safety, or welfare of a student or minor, the TEA staff shall serve the certificate holder with a letter informing the educator of the investigation and the basis of the complaint.

(A) Within 10 [ten] calendar days of placing an investigative notice on the educator's certification records, the letter notifying the certificate holder of the investigation shall be mailed to the address provided to the TEA staff pursuant to the requirements set forth in §230.91 of this title (relating to Procedures in General).

(B) The letter notifying the certificate holder of the investigation shall include a statement of the alleged conduct, which forms the basis for the investigative notice, and shall provide the certificate holder the opportunity to show cause within 10 [ten] calendar days why the notice should be removed from the educator's certification records.

(2) Prior to placing an investigative notice on an educator's certification records for alleged conduct that indicates a risk to the health, safety, or welfare of a parent of a student, fellow employee, or professional colleague, as described in subsection (k)(1) of this section, the TEA staff shall serve the certificate holder with a letter informing the educator of the investigation and the basis of the complaint.

(A) At least 10 [ten] calendar days before placing an investigative notice on the educator's certification records, the letter notifying the certificate holder of the investigation shall be mailed to the address provided to the TEA staff pursuant to the requirements set forth in §230.91 of this title.

(B) The letter notifying the certificate holder of the investigation shall include a statement of the alleged conduct, which forms the basis for the investigative notice, and shall provide the certificate holder the opportunity to show cause within 10 [ten] calendar days why the notice should not be placed on the educator's certification records.

(3) The TEA staff shall determine whether or not to remove or place an investigative notice on the educator's certification records, taking into account the educator's response, if any, to the letter notifying the certificate holder of the investigation.

(n) An investigative notice is subject to the following time limits.

(1) An investigative notice may remain on the certification records of a certificate holder for a period not to exceed 240 calendar days.

(2) The TEA staff may toll this time limit if information is received indicating that there is a pending criminal or administrative matter related to the alleged act of misconduct that gives rise to the investigative notice. For purposes of this subsection, a criminal or administrative matter includes an audit by a state or federal agency, an arrest, an investigation, related litigation or other enforcement action brought by a state or federal administrative agency, or a prosecution by a criminal law enforcement agency. Upon receiving notice that the criminal or administrative matter has been resolved the tolling period shall end. As part of its procedure, the TEA staff will attempt to make bimonthly (once every two months) contact with the agency where a related matter is pending to determine whether the related matter has been closed or otherwise resolved.

(3) The TEA staff may toll this time limit if the matter is referred for a contested case hearing, upon agreement of the parties, or while the matter is pending action by the SBEC on a proposed agreed order.

(o) The TEA staff shall remove an investigative notice from an educator's certification records:

(1) when a case's final disposition occurs within the time limits established in subsection (n) of this section; or

(2) when the time limits for an investigative notice have been exceeded, if:

(A) the certificate holder has made a written demand to the TEA staff that the investigative notice be removed because the time limits have been exceeded; and

(B) the TEA staff has failed to refer the matter to the State Office of Administrative Hearings for a contested case hearing within 30 calendar days from the date of receipt of the written demand to remove the investigative notice.

(p) Before institution of agency proceedings, TEA staff shall send a letter via certified or registered mail to the certificate holder giving them notice of the facts or conduct alleged to warrant the intended action and an opportunity to show compliance with all requirements of law for the retention of the certificate.

(q) Only the TEA staff may file a petition seeking sanctions under §249.15 of this title (relating to Disciplinary Action by State Board for Educator Certification). Prior to filing a petition, the TEA staff shall mail to the certificate holder affected by written notice of the facts or conduct alleged to warrant the intended action and shall provide the certificate holder an opportunity to show compliance with all requirements of law.

§249.17. Decision-Making Guidelines.

(a) Purpose. The purpose of these guidelines is to achieve the following objectives:

(1) to provide a framework of analysis for the Texas Education Agency (TEA) staff, the presiding administrative law judge (ALJ), and the State Board for Educator Certification (SBEC) in considering matters under this chapter;

(2) to promote consistency in the exercise of sound discretion by the TEA staff, the presiding ALJ, and the SBEC in seeking, proposing, and making decisions under this chapter; and

(3) to provide guidance for the informal resolution of potentially contested matters.

(b) Construction and application. This section shall be construed and applied so as to preserve SBEC members' discretion in making final decisions under this chapter. This section shall be further construed and applied so as to be consistent with §249.5(b) of this title (relating to Purpose; Policy Governing Disciplinary Proceedings) and this chapter, the Texas Education Code (TEC), and other applicable law, including SBEC decisions and orders.

(c) Consideration. The following factors may be considered in seeking, proposing, or making a decision under this chapter:

(1) the seriousness of the violation;

(2) whether the misconduct was premeditated or intentional;

(3) attempted concealment of misconduct;

(4) prior misconduct and SBEC sanctions;

(5) the potential danger the conduct poses to the health and welfare of students;

(6) the effect of the prior conduct upon any victims of the conduct;

(7) whether sufficient time has passed and sufficient evidence is presented to demonstrate that the educator or applicant has been rehabilitated from the prior conduct;

(8) the effect of the conduct upon the educator's good moral character and ability to be a proper role model for students;

(9) whether the sanction will deter future violations; and

(10) any other relevant circumstances or facts.

(d) Contract abandonment.

(1) Good cause. The following factors may be considered good cause when an educator is reported to have abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c):

(A) serious illness or health condition of the educator or close family member of the educator, as evidenced by documentation from a licensed medical provider;

(B) relocation because the educator's spouse or a partner who resides with the educator changes employers or location of employment, [to a new city as a result of change in employment of the educator's spouse or partner who resides with the educator] as supported by documentation;

(C) significant change in the educator's family needs that requires the educator to relocate or forgo employment during a period of required employment under the educator's contract [to devote more time than allowed by current employment] ; or

(D) the educator's reasonable belief that the educator had written permission from the school district administration to resign.

(2) Mitigating factors. The following factors shall be considered in seeking, proposing, or making a decision under this chapter regarding an educator who has abandoned a contract in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c). A reduction of one month in suspension time will be given for each factor established, except for factors in subparagraphs (G)-(I) of this paragraph. The educator:

(A) gave written notice to the school district 30 days or more in advance of the first day of instruction for which the educator will not be present;

(B) assisted the school district in finding a replacement educator to fill the position;

(C) continued to work until the school district hired a replacement educator;

(D) assisted in training the replacement educator;

(E) showed good faith in communications and negotiations with the school district;

(F) provided lesson plans for classes following the educator's resignation;

(G) changed careers within the field of education:

(i) to a position that required a different class of educator certification as defined in §230.33(b) of this title (relating to Classes of Certificates);

(ii) to a position with a higher level of authority within the principal class of certificate; or

(iii) to a position in an open-enrollment charter school or a district of innovation that is equivalent to the positions described in clauses (i) and (ii) of this subparagraph;

(H) had a reduction in base pay, excluding stipends, as compared to the educator's base pay for the prior year at the same school district;

(I) resigned due to working conditions that reasonably posed an immediate threat of significant physical harm to the educator; or

(J) any other relevant circumstances or facts.

(3) Mandatory sanction for contract abandonment.

(A) An educator subject to sanction, who has abandoned a contract 44-30 days prior to the first day of instruction for the following school year in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), in a case where the factors listed in subsection (c) of this section or in paragraph (1) or (2)(B)-(J) of this subsection do not mitigate or apply, shall receive a sanction of an inscribed reprimand.

(B) An educator subject to sanction, who has abandoned a contract less than 30 days prior to the first day of instruction for the following school year or at any point during the school year in violation of the TEC, §§21.105(c), 21.160(c), or 21.210(c), in a case where the factors listed in subsection (c) of this section or in paragraph (1) or (2) of this subsection do not mitigate or apply, may not receive a sanction of less than:

(i) suspension for one year from the first day that, without district permission, the educator failed to appear for work under the contract, provided that the educator has not worked as an educator during that year and the case is resolved within that one year through an agreed final order; or

(ii) suspension for one year from either the effective date of an agreed final order resolving the case or an agreed future date at the beginning of the following school year, if the educator has worked as an educator after abandoning the contract; or

(iii) suspension for one year from the date that the SBEC adopts an order that becomes final following a default under §249.35 of this title (relating to Disposition Prior to Hearing; Default) or a contested case hearing at the State Office of Administrative Hearings (SOAH).

(C) The factors listed in subsection (c) of this section and in paragraphs (1) and (2) of this subsection may mitigate an educator's sanction so significantly that the SBEC takes no disciplinary action.

(e) Mandatory minimum sanction for felony-level conduct. An educator subject to sanction, who is court-ordered to complete a period of deferred adjudication, community supervision, or pretrial diversion for a felony-level criminal offense under state or federal law, may not receive a sanction of less than:

(1) suspension for a period concurrent with the term of deferred adjudication or community supervision, if the case is resolved through an agreed final order prior to the educator completing deferred adjudication or community supervision and the educator has not been employed as an educator during the period of deferred adjudication or community supervision; or

(2) suspension beginning on the effective date of an agreed final order for a period extending beyond the end of the educator's deferred adjudication or community supervision but may be less than the initial court-ordered term of deferred adjudication or community supervision, if the case is resolved through an agreed final order prior to the educator completing deferred adjudication or community supervision and the educator has been employed as an educator during the period of deferred adjudication or community supervision; or

(3) suspension beginning on the effective date of an agreed final order for a period at least half as long as the initial court-ordered term of deferred adjudication or community supervision, if the case is resolved through an agreed final order after the educator has completed deferred adjudication or community supervision; or

(4) suspension for a period equal to the term of deferred adjudication or community supervision that the criminal court initially ordered but beginning from the date of the final board decision, if the case is resolved through a final board decision following a contested case hearing at the SOAH or a default under §249.35 of this title.

(f) Mandatory minimum sanction for misdemeanor-level conduct. If an educator is subject to sanction, and a court has ordered the educator to complete a period of deferred adjudication, community supervision, or pretrial diversion for a misdemeanor-level criminal offense under state or federal law, the educator may not receive a sanction of less than an inscribed reprimand.

(g) Mandatory minimum sanction for test security violation. An educator who intentionally, as defined in §247.1 of this title (relating to Purpose and Scope; Definitions), violates the security or confidential integrity of any test required by the TEC, Chapter 39, Subchapter B, in a manner described by §101.3031(a)(3) of Part 2 of this title (relating to Required Test Administration Procedures and Training Activities to Ensure Validity, Reliability, and Security of Assessments), may not receive a sanction of less than a one-year [one year] suspension.

(h) Mandatory minimum sanction for drugs and alcohol on school campus. An educator who is subject to sanction because the educator has tested positive for drugs or alcohol while on school campus, was under the influence of drugs or alcohol on school campus, or was in possession of drugs or alcohol on school campus may not receive a sanction of less than a one-year suspension and required completion of a drug or alcohol treatment program.

(i) Mandatory permanent revocation or denial. Notwithstanding subsection (c) of this section, the SBEC shall permanently revoke the teaching certificate of any educator or permanently deny the application of any applicant if, after a contested case hearing or a default under §249.35 of this title, it is determined that the educator or applicant:

(1) engaged in any sexual contact or romantic relationship with a student or minor;

(2) solicited any sexual contact or romantic relationship with a student or minor;

(3) possessed or distributed child pornography;

(4) was registered as a sex offender;

(5) committed criminal homicide;

(6) transferred, sold, distributed, or conspired to possess, transfer, sell, or distribute any controlled substance, the possession of which would be at least a Class A misdemeanor under the Texas Health and Safety Code, Chapter 481, on school property;

(7) intentionally, knowingly, or recklessly causes bodily injury to a student or minor when the conduct of the educator or applicant is not immune from disciplinary proceedings by TEC, §22.0512; or

(8) committed any offense described in the TEC, §22A.201 [§21.058] .

(j) Mandatory minimum for failure to report. An educator subject to sanction, who fails to report educator misconduct under the circumstances and in the manner required by the TEC, §22A.051 [§21.006] , and §249.14(d)-(f) of this title (relating to Complaint, Required Reporting, and Investigation; Investigative Notice; Filing of Petition), when the case is resolved through an agreed final order, may not receive a sanction of less than:

(1) an inscribed reprimand and a $5,000 administrative penalty for a superintendent or director who fails to file timely a report to the SBEC; or

(2) an inscribed reprimand and a $500 administrative penalty for a principal who fails to timely notify a superintendent or director.

(k) Mandatory minimum for electioneering. An educator subject to sanction, who is court-ordered to complete a period of deferred adjudication, community supervision, or pretrial diversion for an offense under Texas Election Code, Chapter 255, may not receive a sanction of less than a one-year suspension.

(m) [(l)] Sanctioned misconduct in another state. The findings of fact contained in final orders from any other state jurisdiction may provide the factual basis for SBEC disciplinary action. If the underlying conduct for the administrative sanction of an educator's certificate or license issued in another state is a violation of SBEC rules, the SBEC may initiate a disciplinary action regarding the educator's Texas educator certificate and impose a sanction as provided under this chapter.

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 March 2, 2026.

TRD-202601045

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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

SUBCHAPTER F. TEMPORARY SUSPENSIONS

STATUTORY AUTHORITY. The new sections are proposed under Texas Education Code (TEC), §21.031(a), which charges the SBEC with regulating and overseeing all aspects of the certification, continuing education, and standards of conduct for public school educators; TEC, §21.035, which states that Texas Education Agency (TEA) staff provides administrative functions and services for SBEC and gives SBEC the authority to delegate to either the commissioner of education or to TEA staff the authority to settle or otherwise informally dispose of contested cases involving educator certification; TEC, §21.041, as amended by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025, which authorizes the SBEC to adopt rules as necessary for its own procedures and to regulate educators, specify the requirements for issuance or renewal of an educator certificate, administer statutory requirements, and provide for educator disciplinary proceedings and for enforcement of the educator's code of ethics; TEC, §21.044(a), which authorizes the SBEC to adopt rules establishing training requirements and academic qualifications required for a person to obtain an educator certificate; TEC, §21.0581, which authorizes the SBEC to suspend, revoke, or impose other sanctions against an individual if the individual assists another person in obtaining employment at a school and the person knew that the other person has previously engaged in sexual misconduct with a minor or student in violation of the law; TEC, §21.060, which sets out crimes that relate to the education profession and authorizes the SBEC to sanction or refuse to issue a certificate to any person who has been convicted of one of these offenses; TEC, §21.065, which sets requirements for the notice SBEC must send when it suspends an educator's certificate; TEC, §21.105(a), which allows the SBEC to impose sanctions against an educator who abandons a probationary contract; TEC, §21.105(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which provides that the SBEC may impose sanctions against a teacher employed under a probationary contract who resigns, fails without good cause to comply with subsection (a) or (b), and fails to perform the contract; TEC, §21.105(e), which requires the SBEC to consider any mitigating factors relevant to the teacher's conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training; TEC, §21.105(f), which forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year; TEC, §21.160(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which allows the SBEC to impose sanctions against an educator who abandons a continuing contract; TEC, §21.160(e), which requires the SBEC to consider any mitigating factors relevant to the teacher's conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training; TEC, §21.160(f), which forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year; TEC, §21.160(g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which provides that the SBEC may not impose a sanction against a teacher who relinquishes a position under a continuing contract and the leaves employment after the 45th day before instruction of the upcoming school year and without consent, if the teacher's failure to comply was due to the good cause factors listed in paragraphs (1)-(4); TEC, §21.210(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025, which allows the SBEC to impose sanctions against an educator who abandons a term contract; TEC, §21.210(e), which requires the SBEC to consider any mitigating factors relevant to the teacher's conduct and allows the SBEC to consider alternatives to sanctions, including additional continuing education or training; TEC, §21.210(f), which forbids the SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts more than 30 days prior to the first day of instruction for the next school year; TEC, §21.210(g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025, which establishes the requirements for good cause when a contract is abandoned; TEC, §22.082, which requires the SBEC to subscribe to the criminal history clearinghouse and allows the SBEC to obtain any criminal history from any closed case file; TEC, §22.0831, which requires the SBEC to review the criminal history of certified educators and applicants for certification; TEC, §22.087, which requires superintendents and directors of school districts, charter schools, private schools, regional education service centers, and shared services arrangement to notify the SBEC if an applicant for a certification has criminal history that is not in the criminal history clearinghouse; TEC, §22A.001, as added, redesignated, and amended by Senate Bill (SB) 571, 89th Texas Legislature, Regular Session, 2025, which provides definitions for TEC, Chapter 22A; TEC, §22A.051(a), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires that the superintendent or director of an educational entity notify the SBEC if an educator employed by or seeking employment has a criminal record and the entity obtained information about the criminal record by a means other than the criminal history clearinghouse, if an educator's employment was terminated or the educator resigned and there is evidence that the educator engaged in specific conduct, or if the superintendent or director becomes aware that the educator engaged in specific conduct; TEC, §22A.051(c), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires a principal of a school district, district of innovation, or charter school to notify the superintendent within 48 hours after the principal becomes aware of misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D); TEC, §22A.051(d), as added by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires that the superintendent or director notify the SBEC by filing a report with the SBEC not later than 48 hours after the superintendent or director receives notice from a principal or becomes aware of evidence of misconduct under TEC, §22A.051(a)(2)(A), (B), (C), or (D); TEC, §§22A.051(h) and (i), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which give the SBEC authority to impose administrative penalties on principals and superintendents who fail to fulfill their reporting obligations to the SBEC under TEC, §21.006, and give the SBEC rulemaking authority to implement TEC, §22A.051; TEC, §22A.052, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires superintendents or directors of educational entities to notify the commissioner of education if an employee or service provider resigned or was terminated and there is evidence that the person engaged in misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D), or the superintendent or director becomes aware of evidence that the person engaged in misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D); TEC, §22A.054, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which gives the SBEC authority to place a notice that an educator is under investigation for alleged misconduct on the educator's public certification records, requires the SBEC give the educator notice and an opportunity to show cause, requires that the SBEC limit the amount of time the notice can appear on the educator's certification, and gives the SBEC rulemaking authority as necessary to implement the provision. TEC, §22A.054, also provides that the SBEC shall notify the agency for purposes of placing an educator on the registry; TEC, §22A.055(f), as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which states that the SBEC may revoke the certificate of an administrator if the SBEC determines it is reasonable to believe that the administrator employed a person or accepted services from a service provider despite being aware that the person knowingly failed to disclose information required to be disclosed under this section; TEC, §22A.151, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires educational entities to discharge or refuse to hire or terminate or refuse to accept services from any person listed on the registry of persons not eligible for employment in Texas public schools; and provides that an educational entity may not allow a person who is listed on the registry to act as a service provider for an educational entity; TEC, §22A.157, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires school districts, charter schools, and shared services arrangements to conduct fingerprint criminal background checks on employees and refuse to hire those that have certain criminal history; and provides that the SBEC may impose a sanction on an educator who does not discharge an employee or refuse to hire an applicant if the educator knows or should have known that the employee or applicant has certain criminal history; TEC, §22A.201, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to revoke the certification of an educator convicted or placed on deferred adjudication community supervision for certain offenses; TEC, §22A.202, as added by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to temporarily suspend an educator's certification or permit if the SBEC finds that the educator's continued certification or permit issuance constitutes a continuing and imminent threat to the public welfare and provides that the SBEC shall propose rules to implement this section; TEC, §22A.203, as added by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the SBEC to temporarily suspend an educator's certification or permit if the educator is arrested for specific offenses and provides that the SBEC shall propose rules to implement this section; and TEC, §22A.301, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which requires the chief administrative officer of a private school to notify the SBEC no later than 48 hours after the chief administrative officer becomes aware of evidence of an alleged incident of misconduct described by TEC, §22A.051(a)(2)(A), (B), (C), or (D) and provides that the SBEC shall propose rules to implement this section; Texas Government Code (TGC), §411.090, which allows the SBEC to get from the Texas Department of Public Safety all criminal history record information about any applicant for licensure as an educator; TGC, §2001.054(c), which requires the SBEC to give notice by personal service or by registered or certified mail to the license holder of the factors or conduct alleged to warrant suspension, revocation, annulment, or withdrawal of an educator's certificate and to give the certified educator an opportunity to show that the educator is in compliance with the relevant statutes and rules; TGC, §2001.058(e), which sets out the requirements for when the SBEC can make changes to a proposal for decision from an administrative law judge; and TGC, §2001.142(a), which requires all Texas state licensing agencies to notify parties to contested cases of orders or decisions of the agency by personal service, electronic means if the parties have agreed to it, first class, certified or registered mail, or by any method required under the agency's rules for a party to serve copies of pleadings in a contested case; Texas Family Code, §261.308(d) and (e), which require the Texas Department of Family and Protective Services to release information regarding a person alleged to have committed abuse or neglect to the SBEC; and Texas Family Code, §261.406(a) and (b), as amended by SB 571, 89th Texas Legislature, Regular Session, 2025, which require the Texas Department of Family and Protective Services to send a copy of a completed investigation report involving allegations of abuse or neglect of a child in a public or private school to the TEA; Texas Occupations Code (TOC), §53.021(a), which allows the SBEC to suspend or revoke an educator's certificate, or refuse to issue a certificate, if a person is convicted of certain offenses; TOC, §53.022, which sets out factors for the SBEC to determine whether a particular criminal offense relates to the occupation of education; TOC, §53.023, which sets out additional factors for the SBEC to consider when deciding whether to allow a person convicted of a crime to serve as an educator; TOC, §53.0231, which sets out information the SBEC must give an applicant when it denies a license and requires that the SBEC allow 30 days for the applicant to submit any relevant information to the SBEC; TOC, §53.024, which states that proceedings to deny or sanction an educator's certification are covered by the Texas Administrative Procedure Act, TGC, Chapter 2001; TOC, §53.025, which gives the SBEC rulemaking authority to issue guidelines to define which crimes relate to the profession of education; TOC, §53.051, which requires that the SBEC notify a license holder or applicant after denying, suspending, or revoking the certification; TOC, §53.052, which allows a person who has been denied an educator certification or had their educator certification revoked or suspended to file a petition for review in state district court after exhausting all administrative remedies; and TOC, §56.003, which prohibits state agencies from taking disciplinary action against licensees for student loan non-payment or default; and Every Student Succeeds Act (ESSA), 20 USC, §7926, which requires state educational agencies to make rules forbidding educators from aiding other school employees, contractors, or agents in getting jobs when the educator knows the jobseeker has committed sexual misconduct with a student or minor in violation of the law.

CROSS REFERENCE TO STATUTE. The new sections implement Texas Education Code (TEC), §§21.031(a); 21.035; 21.041, as amended by House Bill (HB) 2, 89th Texas Legislature, Regular Session, 2025; 21.044(a); 21.0581; 21.060; 21.065; 21.105(a); (c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e), and (f); 21.160(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e); (f); and (g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 21.210(c), as amended by HB 2, 89th Texas Legislature, Regular Session, 2025; (e); (f); and (g), as added by HB 2, 89th Texas Legislature, Regular Session, 2025; 22.082; 22.0831; 22.087; and 22A.001; 22A.051(a), (c), (h), and (i); 22A.052; 22A.054; 22A.055(f); 22A.151; 22A.157; 22A.201; and 22A.301, as added, redesignated, and amended by SB 571, 89th Texas Legislature, Regular Session, 2025; and 22A.051(d), 22A.202; and 22A.203, as added by SB 571, 89th Texas Legislature, Regular Session 2025; Texas Government Code (TGC), §§411.090, 2001.054(c), 2001.058(e), and 2001.142(a); Texas Family Code, §261.308(d) and (e); §261.406(a) and (b), as amended by SB 571, 89th Texas Legislature, Regular Session, 2025; Texas Occupations Code (TOC), §§53.021(a); 53.022-53.025; 53.051; 53.052; and 56.003; and the Every Student Succeeds Act (ESSA), 20 USC, §7926.

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 March 2, 2026.

TRD-202601046

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Earliest possible date of adoption: April 12, 2026

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