TITLE 19. EDUCATION

PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION<

The State Board for Educator Certification (SBEC) adopts amendments to 19 Texas Administrative Code (TAC) §§230.21, 230.33, 230.36, 230.55, 230.104, and 230.105, concerning professional educator preparation and certification. The amendment to §230.21 is adopted with changes to the proposed text as published in the January 3, 2020 issue of the Texas Register (45 TexReg 58) and will be republished. The amendments to §§230.33, 230.36, 230.55, 230.104, and 230.105 are adopted without changes to the proposed text as published in the January 3, 2020 issue of the Texas Register (45 TexReg 58) and will not be republished. The amendments implement the statutory requirements of Senate Bill (SB) 1839 and House Bills (HBs) 2039 and 3349, 85th Texas Legislature, Regular Session, 2017, and HB 3, 86th Texas Legislature, 2019. The amendment to Subchapter C, Assessment of Educators, reduces the amount of time for computer- and paper-based examination retakes from 45 to 30 days and updates the figure specifying the required test for issuance of the standard certification, including the removal of the master teacher certification class and the Principal: Early Childhood-Grade 12 certificate and the addition of Early Childhood-Grade 3 (EC-3), Science of Teaching Reading, and Trade and Industrial Workforce Training. The amendment to Subchapter D, Types and Classes of Certificates Issued, requires the English as a Second Language Supplemental assessment for issuance of an intern certificate obtained through the intensive pre-service route. The amendment to Subchapter E, Educational Aide Certificate, allows the Educational Aide I certificate to be issued to high school students who have completed certain career and technical education courses. Changes to Subchapter G, Certificate Issuance Procedures, clarify that requests for certificate corrections be submitted to the Texas Education Agency (TEA) within six weeks from the original date of issuance. The changes also implement the requirement specified in statute that certified classroom teachers must complete training prior to receiving test approval for the Early Childhood: Prekindergarten-Grade 3 certificate. The SBEC made changes to the proposed text in Figure: 19 TAC §230.21(e) in response to public comment and to revert text for future rulemaking.

REASONED JUSTIFICATION: The SBEC rules in 19 TAC Chapter 230 specify the testing requirements for certification and the additional certificates based on examination. These requirements ensure educators are qualified and professionally prepared to instruct the schoolchildren of Texas. The following provides a description of changes to Chapter 230, Subchapters C, D, E, and G.

Subchapter C, §230.21. Assessment of Educators

The adopted amendment to §230.21(a)(1)(D) reduces the amount of time between computer- and paper-based retakes from 45 days to 30 days. The adopted amendment is in response to stakeholder feedback from the July 2019 SBEC meeting and allows candidates an additional testing window in the summer to meet certification requirements.

Additionally, the adopted amendment to §230.21(e) amends Figure: 19 TAC §230.21(e) to remove §241.60, Principal: Early Childhood-Grade 12, as new principal certifications were created, effective December 23, 2018; to comply with HB 3 by removing all master teacher certificates from the current list of active certifications; to comply with HB 3 by adding 293 Science of Teaching Reading TExES as a required content pedagogy test for the §233.2, Early Childhood: Prekindergarten-Grade 3 certification; to comply with SB 1839 and HB 2039 to create the required assessments for the §233.2, Early Childhood: Prekindergarten-Grade 3 certification; and to comply with HB 3349 to create the required assessments for the new §233.14, Trade and Industrial Workforce Training: Grades 6-12 certification, along with providing for a transition from the current content tests to the anticipated content pedagogy tests as follows:

Figure 1: 19 TAC Chapter 230 - Preamble (.pdf)

At the February 21, 2020 meeting, the SBEC took action to revert the following proposed amendments to §230.21(e) to allow staff more time to work through transition dates to bring back for the SBEC's consideration at the May 1, 2020 meeting. To comply with HB 3, requiring educators who teach any grade level from Prekindergarten-Grade 6 to demonstrate proficiency in the science of teaching reading on a certification examination beginning January 1, 2021, the proposed amendments would have added 293 Science of Teaching Reading TExES as a required content pedagogy test for the following certifications: §233.2, Core Subjects: Early Childhood-Grade 6; §233.2, Core Subjects: Grades 4-8; §233.3, English Language Arts and Reading: Grades 4-8; §233.3, English Language Arts and Reading/Social Studies: Grades 4-8.

Further, the proposed amendments to Figure §230.21(e) would have phased out retired assessments by removing the retired 183 Braille TExES assessment for the §233.8, Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certification and would have provided for a transition from the current content tests to the anticipated content pedagogy tests for §233.12, Physical Education: Early Childhood-Grade 12; §233.3, English Language Arts and Reading: Grades 4-8; and §233.2, Core Subjects: Early Childhood-Grade 6, as follows:

Figure 2: 19 TAC Chapter 230 - Preamble (.pdf)

Subchapter D, §230.33, Classes of Certificates, and §230.36, Intern Certificates

The adopted amendment to §230.33(b)(5) aligns with the mandate in HB 3 to repeal the master teacher certificate class, giving those certificates contained therein a "legacy" designation for educator assignment purposes until they expire.

The adopted amendment to §230.36(f)(2)(C) adds the requirement of the English as Second Language (ESL) Supplemental assessment for issuance of the intern certificate through the intensive pre-service route. This will ensure teachers are ready to serve students in their classroom.

Subchapter E, §230.55. Certification Requirements for Educational Aide I

TEA staff in the divisions of Educator Certification, Instructional Support, and Career and Technical Education are working collaboratively to support the work associated with industry-based certifications. Industry certifications were designed to prepare students for success in postsecondary endeavors and are used for public school accountability.

The adopted amendment to §230.55 adds the word "either" to provide two possible paths to qualify for an Educational Aide I certificate: a path for conventional high school graduates and an alternate path for high school students 18 years of age or older to attain educational industry experience while still in school. The alternate path to certification in adopted new §230.55(3) and (4) allows students to earn Educational Aide I credentials after completing career and technical education courses and allows schools to accurately reflect these students as "career ready" in their accountability measures.

Subchapter G, §230.104. Correcting a Certificate or Permit Issued in Error and §230.105. Issuance of Additional Certificates Based on Examination

The adopted amendment to §230.104(b) adds the requirement that if an entity incorrectly issues a certificate, TEA must receive a request to correct the error from the entity within six weeks. The adopted change also requires educators to inform the recommending educator preparation program (EPP) of any assignment change that would require the educator to be certified in a different certification area. This will ensure teachers are teaching in their correct assignments. The adopted amendment also applies to supplemental certifications, such as the Early Childhood-Grade 12 ESL certification, to ensure candidates are prepared to teach the students they serve.

The adopted amendment to §230.105(3) complies with SB 1839 and HB 2039 to mandate all candidates complete training requirements for issuance of an Early Childhood: Prekindergarten-Grade 3 certification. Remaining paragraphs are renumbered.

SUMMARY OF COMMENTS AND RESPONSES. The public comment period on the proposal began January 3, 2020, and ended February 3, 2020. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 21, 2020 meeting in accordance with the SBEC board operating policies and procedures. The following is a summary of the public comments received on the proposal and the responses.

Comment: Nine individuals commented in support of proposed §230.55(3) and (4), which would allow students to earn Educational Aide I credentials after completing career and technical education courses. The commenters cited the benefit to students of being able to work while furthering their education and the benefit to school districts in staffing and for accountability purposes.

Board Response: The SBEC agrees. The SBEC believes the amendment would provide high school students the opportunity to attain educational industry experience while still in school and would allow school districts to accurately reflect these students as ''career ready'' in their accountability measures.

Comment: The Association of Texas Professional Educators and the Texas Association of Future Educators suggested lowering the age requirement for the Educational Aide I certificate from 18 years old to 17 years old, citing students who graduate and are not 18 years old until after the end of their senior year of high school.

Board Response: The SBEC disagrees. The SBEC rule in §230.11(b)(1) requires that all applicants for a Texas educator certificate be at least 18 years of age to ensure that only those legally considered adults are held accountable for the oversight of children. The rule would allow high school students to obtain the required training while taking high school classes, thereby allowing the students to receive certification as soon as they turn 18 years old.

Comment: Three Texas administrators commented in support of the proposed amendment to §230.21(a)(1)(D) that would reduce the time a candidate must wait between examination re-tests from 45 to 30 days.

Board Response: The SBEC agrees. The amendment is responsive to stakeholder input requesting the reduction of time between re-tests and would allow candidates an additional testing window to meet certification requirements.

Comment: One Texas administrator commented in opposition to the proposed amendment that would add the assessments for the Early Childhood-Grade 3 certification, stating that this would cause staffing issues, potential additional costs to the district, and potential disruption to the classrooms. Additionally, the commenter stated that a test does not determine a good teacher or expert in the field.

Response: The SBEC disagrees. The Texas Legislature mandated the creation of a new certificate for Early Childhood: Prekindergarten-Grade 3. Additionally, the current certificate for Core Subjects: Early Childhood-Grade 6 is still in place to provide certification and employment flexibility for candidates and districts.

Regarding the comment on utility of certification examinations for certification purposes, the SBEC disagrees. In §230.11(b)(6), all applicants for Texas certification must pass the appropriate certification examination that reflects the appropriate SBEC educator standards and the Texas Essential Knowledge and Skills. Certification examinations, along with pre-service training, field-based experiences, and clinical experiences, play a role in determining a candidate's readiness to serve as a Texas educator.

Comment: One Texas administrator commented that the Performance Assessment for School Leaders (PASL) examination be offered more often.

Response: The comment is outside the scope of the proposed rulemaking. The TEA staff will consider this feedback for testing options with the testing vendor.

Comment: One Texas teacher commented in opposition of removing Early Childhood-Grade 12 (EC-12) certifications because it would deny excellent teachers with opportunities to teach in multiple grade levels.

Response: The comment is outside the scope of the proposed rulemaking. The only EC-12 certificates being removed as part of this rulemaking are the Principal: Early Childhood-Grade 12 certificate, due to a new EC-12 certificate, and the master teacher certificates, due to HB 3, 86th Texas Legislature, 2019, that requires the SBEC to no longer issue master teacher certificates. The TEA staff will consider this feedback for future rulemaking under the jurisdiction of the SBEC.

Comment: One individual requested clarification on the transition plan for some of the changing exams, such as the Physical Education (PE) EC-12 content exam, which will no longer be offered after August 31, 2021. The commenter asked if the old exam will still allow candidates to become certified for one year after the exam change occurs to prevent candidates from having to take both the old and new exams. The commenter suggested that candidates who previously passed the expiring PE EC-12 content exam be given until August 31, 2022, to complete all certification requirements and become standard certified.

Response: The comment is outside the scope of the proposed rulemaking. The TEA staff will consider this feedback for future rulemaking under the jurisdiction of the SBEC.

Comment: One individual requested clarification regarding the appropriate Braille examination(s) in the proposed amendment to Figure §230.21(e) that are required for issuance of the Teacher of Students with Visual Impairments Supplemental: Early Childhood-Grade 12 certificate. The commenter pointed out that the current reference is confusing as to which examination(s) are appropriate for issuance.

Response: The SBEC agrees. The language in the proposed amendment to Figure §230.21(e) regarding the appropriate examinations for the Visually Impaired Supplemental certificate was confusing. The SBEC took action to revert the language in the amendment to allow TEA staff the opportunity to correct the technical errors and bring back the correct references to the Braille examination at the May 1, 2020 SBEC meeting.

Comment: One individual commented that the content certification examination no longer meets the requirements of TEC, §21.048, as of January 2020.

Response: The comment is outside the scope of the proposed rulemaking, but the SBEC offers the following clarification. The content certification examination, Pre-Admission Content Test (TX PACT), governed by TEC, §21.0441, is used to measure the content readiness of potential teacher candidates for the purpose of admission to an EPP. The content pedagogy examination, Texas Examination of Educator Standards (TExES), governed by TEC, §21.048, is used to measure teacher candidate readiness for certification issuance.

The State Board of Education (SBOE) took no action on the review of amendments to §§230.21, 230.33, 230.36, 230.55, 230.104, and 230.105 at the April 17, 2020 SBOE meeting.

SUBCHAPTER C. ASSESSMENT OF EDUCATORS

19 TAC §230.21

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC) §21.041(b)(1), (2), and (4), which requires the State Board for Educator Certification (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; requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; TEC, §21.044(a) as amended by Senate Bills (SB) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, 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, §21.048, as amended by House Bill (HB) 3, 86th Texas Legislature, 2019, which states that 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 through grade six must demonstrate proficiency in the science of teaching reading on a certification examination; TEC, §21.050(a), which states that a person who applies for a teaching certificate must possess a bachelor's degree; TEC, §21.050(b), as amended by House Bill (HB) 3217, 86th Texas Legislature, 2019, which states that the SBEC shall provide for a minimum number of semester credit hours for field-based experience or internship; TEC, §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; TEC, §21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017, which provides a requirement that before a school may employ a certification candidate as a teacher of record, the candidate must have completed at least 15 hours of field-based experience in which the candidate was actively engaged at an approved school in instructional or educational activities under supervision; TEC, §22.064, as amended by HB 3, 86th Texas Legislature, 2019, which requires the SBEC to designate all Master Teacher certificates as Legacy Master Teacher; TEC, §22.082, which requires the SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under TEC, Chapter 21, Subchapter B; and Texas Occupations Code, §54.003, which states that a licensing authority shall provide accommodations and eligibility criteria for examinees diagnosed as having dyslexia.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.041(b)(1), (2), and (4); 21.044(a), as amended by Senate Bills (SB) 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017; 21.048, as amended by HB 3, 86th Texas Legislature, 2019; 21.050(a); 21.050(b), as amended by House Bill (HB) 3217, 86th Texas Legislature, 2019; 21.050(c); 21.051, as amended by SB 1839, 85th Texas Legislature, Regular Session, 2017; 22.064, as amended by HB 3, 86th Texas Legislature, 2019; 22.082; and Texas Occupation Code, §54.003.

§230.21.Educator Assessment.

(a) A candidate seeking certification as an educator must pass the examination(s) required by the Texas Education Code (TEC), §21.048, and the State Board for Educator Certification (SBEC) in §233.1(e) of this title (relating to General Authority) and shall not retake an examination more than four times, unless the limitation is waived for good cause. The burden of proof shall be upon the candidate to demonstrate good cause.

(1) For the purposes of the retake limitation described by the TEC, §21.048, an examination retake is defined as a second or subsequent attempt to pass any examination required for the issuance of a certificate, including an individual core subject examination that is part of the overall examination required for the issuance of a Core Subjects certificate as described in §233.2 of this title (relating to Early Childhood; Core Subjects).

(A) A canceled examination score is not considered an examination retake.

(B) An examination taken by an educator during a pilot period is not considered part of an educator's five-time test attempt limit.

(C) Pursuant to TEC, §21.0491(d), the limit on number of test attempts does not apply to the trade and industrial workforce training certificate examination prescribed by the SBEC.

(D) A candidate who fails a computer- or paper-based examination cannot retake the examination before 30 days have elapsed following the candidate's last attempt to pass the examination.

(2) Good cause is:

(A) the candidate's highest score on an examination is within one conditional standard error of measurement (CSEM) of passing, and the candidate has completed 50 clock-hours of educational activities. CSEMs will be published annually on the Texas Education Agency (TEA) website;

(B) the candidate's highest score on an examination is within two CSEMs of passing, and the candidate has completed 100 clock-hours of educational activities;

(C) the candidate's highest score on an examination is within three CSEMs of passing, and the candidate has completed 150 clock-hours of educational activities;

(D) the candidate's highest score on an examination is not within three CSEMs of passing, and the candidate has completed 200 clock-hours of educational activities;

(E) if the candidate needs a waiver for more than one of the individual core subject examinations that are part of the overall examination required for the issuance of a Core Subjects certificate, the candidate has completed the number of clock-hours of educational activities required for each individual core subject examination as described in subparagraphs (A)-(D) of this paragraph up to a maximum of 300 clock-hours. The number of clock-hours for each examination may be divided equally based on the number of examinations in the waiver request, but the number of clock-hours for an examination shall not be less than 50; or

(F) if a CSEM is not appropriate for an examination, the TEA staff will identify individuals who are familiar and knowledgeable with the examination content to review the candidate's performance on the five most recent examinations, identify the deficit competency or competencies, and determine the number of clock-hours of educational activities required.

(3) Educational activities are defined as:

(A) institutes, workshops, seminars, conferences, interactive distance learning, video conferencing, online activities, undergraduate courses, graduate courses, training programs, in-service, or staff development given by an approved continuing professional education provider or sponsor, pursuant to §232.17 of this title (relating to Pre-Approved Professional Education Provider or Sponsor) and §232.19 of this title (relating to Approval of Private Companies, Private Entities, and Individuals), or an approved educator preparation program (EPP), pursuant to §228.10 of this title (relating to Approval Process); and

(B) being directly related to the knowledge and skills included in the certification examination competency or competencies in which the candidate answered less than 70 percent of competency questions correctly. The formula for identifying a deficit competency is the combined total of correct answers for each competency on the five most recent examinations divided by the combined total of questions for each competency on the five most recent examinations.

(4) Documentation of educational activities that a candidate must submit includes:

(A) the provider, sponsor, or program's name, address, telephone number, and email address. The TEA staff may contact the provider, sponsor, or program to verify an educational activity;

(B) the name of the educational activity (e.g., course title, course number);

(C) the competency or competencies addressed by the educational activity as determined by the formula described in paragraph (3)(B) of this subsection;

(D) the provider, sponsor, or program's description of the educational activity (e.g., syllabus, course outline, program of study); and

(E) the provider, sponsor, or program's written verification of the candidate's completion of the educational activity (e.g., transcript, certificate of completion). The written verification must include:

(i) the provider, sponsor, or program's name;

(ii) the candidate's name;

(iii) the name of the educational activity;

(iv) the date(s) of the educational activity; and

(v) the number of clock-hours completed for the educational activity. Clock-hours completed before the most recent examination attempt or after a request for a waiver is submitted shall not be included. One semester credit hour earned at an accredited institution of higher education is equivalent to 15 clock-hours.

(5) To request a waiver of the limitation, a candidate must meet the following conditions:

(A) the candidate is otherwise eligible to take an examination. A candidate seeking a certificate based on completion of an EPP must have the approval of an EPP to request a waiver;

(B) beginning September 1, 2016, the candidate pays the non-refundable waiver request fee of $160;

(C) the candidate requests the waiver of the limitation in writing on forms developed by the TEA staff; and

(D) the request for the waiver is postmarked not earlier than:

(i) 45 calendar days after an unsuccessful attempt at the fourth retake of an examination as defined in the TEC, §21.048; or

(ii) 90 calendar days after the date of the most recent denied waiver of the limitation request; or

(iii) 180 calendar days after the date of the most recent unsuccessful examination attempt that was the result of the most recently approved request for waiver of the limitation.

(6) The TEA staff shall administratively approve each application that meets the criteria specified in paragraphs (2)-(5) of this subsection.

(7) An applicant who does not meet the criteria in paragraphs (2)-(5) of this subsection may appeal to the SBEC for a final determination of good cause. A determination by the SBEC is final and may not be appealed.

(b) A candidate seeking a standard certificate as an educator based on completion of an approved EPP may take the appropriate certification examination(s) required by subsection (a) of this section only at such time as the EPP determines the candidate's readiness to take the examinations, or upon successful completion of the EPP, whichever comes first.

(c) The holder of a lifetime Texas certificate effective before February 1, 1986, must pass examinations prescribed by the SBEC to be eligible for continued certification, unless the individual has passed the Texas Examination of Current Administrators and Teachers (TECAT).

(d) The commissioner of education approves the satisfactory level of performance required for certification examinations, and the SBEC approves a schedule of examination fees and a plan for administering the examinations.

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

Figure: 19 TAC §230.21(e) (.pdf)

(f) Scores from examinations required under this title must be made available to the examinee, the TEA staff, and, if appropriate, the EPP from which the examinee will seek a recommendation for certification.

(g) The following provisions concern ethical obligations relating to examinations.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(B) fail to pay all test costs and fees as required by this chapter or the testing vendor; or

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

(5) A person who violates this subsection is subject to:

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

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

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

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 27, 2020.

TRD-202001679

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Effective date: May 17, 2020

Proposal publication date: January 3, 2020

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


SUBCHAPTER D. TYPES AND CLASSES OF CERTIFICATES ISSUED

19 TAC §230.33, §230.36

STATUTORY AUTHORITY. The amendments are adopted 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(a), which states that the State Board for Educator Certification (SBEC) shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.031(b), which states that the SBEC shall ensure that all candidates for certification or renewal of certification should demonstrate the knowledge and skills necessary to improve the performance of a diverse student population; TEC, §21.041(b)(1)-(5), 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; requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; and requires the SBEC to propose rules that include requirements for educators that hold a similar certification issued by another state or foreign country; TEC, §21.041(b)(9), which requires the SBEC to propose rules for the regulation of continuing education requirements; TEC, §21.051, as amended by Senate Bill 1839, 85th Texas Legislature, Regular Session, 2017, which provides a requirement that before a school may employ a certification candidate as a teacher of record, the candidate must have completed at least 15 hours of field-based experience in which the candidate was actively engaged at an approved school in instructional or educational activities under supervision; TEC, §22.064, as amended by House Bill 3, 86th Texas Legislature, 2019, which requires the SBEC to designate all Master Teacher certificates as Legacy Master Teacher; TEC, §22.0831(c), which requires SBEC to review the national criminal history of a person seeking certification; and TEC, §22.0831(f)(1) and (2), which state that SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.003(a); 21.031(a); 21.031(b); 21.041(b)(1)-(5) and (9); 21.051, as amended by Senate Bill 1839, 85th Texas Legislature, Regular Session, 2017; 22.064, as amended by House Bill 3, 86th Texas Legislature, 2019; 22.0831(c); and TEC, §22.0831(f)(1) and (2).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 27, 2020.

TRD-202001680

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Effective date: May 17, 2020

Proposal publication date: January 3, 2020

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


SUBCHAPTER E. EDUCATIONAL AIDE CERTIFICATE

19 TAC §230.55

STATUTORY AUTHORITY. The amendment implements Texas Education Code (TEC), §21.041(a), which states that the board may adopt rules as necessary for its own procedures; and TEC, §21.041(b)(1)-(4), 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; requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; and requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.

CROSS REFERENCE TO STATUTE. The amendment is adopted under Texas Education Code (TEC) §§21.041(a) and (b)(1)-(4).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 27, 2020.

TRD-202001681

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Effective date: May 17, 2020

Proposal publication date: January 3, 2020

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


SUBCHAPTER G. CERTIFICATE ISSUANCE PROCEDURES

19 TAC §230.104, §230.105

STATUTORY AUTHORITY. The amendments implement Texas Education Code (TEC), §21.031(a), which states that the SBEC shall regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; TEC, §21.041(b)(1)-(5), 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; requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; and requires the SBEC to propose rules that include requirements for educators that hold a similar certification issued by another state or foreign country; TEC, §21.041(b)(9), which requires the SBEC to propose rules for the regulation of continuing education requirements; TEC, §21.041(c), which states that the SBEC may adopt fees for the issuance and maintenance of an educator certification to adequately cover the cost of the administration; TEC, §21.044(a), as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017, 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(e), which states that in proposing rules under this section for a person to obtain a certificate to teach a health science technology education course, the board shall specify that a person must have: (1) an associate degree or more advanced degree from an accredited institution of higher education; (2) current licensure, certification, or registration as a health professions practitioner issued by a nationally recognized accrediting agency for health professionals; and (3) at least two years of wage-earning experience utilizing the licensure requirement; TEC, §21.044(f), which states that the SBEC may not propose rules for a certificate to teach a health science technology education course that specifies that a person must have a bachelor's degree or that establish any other credential or teaching experience requirements that exceed the requirements under Subsection (e); TEC, §21.048, as amended by HB 3, 86th Texas Legislature, 2019, which states that 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 through grade six must demonstrate proficiency in the science of teaching reading on a certification examination; TEC, §21.0485, which states the issuance requirements for certification to teach students with visual impairments; TEC, §21.0489, which specifies the issuance requirements for the Early Childhood: Prekindergarten-Grade 3 certification; TEC, §21.050(a), which states that a person who applies for a teaching certificate must possess a bachelor's degree; TEC, §21.050(b), as amended by HB 3217, 86th Texas Legislature, 2019, which states that the SBEC shall provide for a minimum number of semester credit hours for field-based experience of internship; TEC, §21.050(c), which states that a person who receives a bachelor's degree required for a teaching certificate on the basis of higher education coursework completed while receiving an exemption from tuition and fees under the TEC, §54.363, may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate; TEC, §22.082, which requires SBEC to subscribe to the criminal history clearinghouse as provided by Texas Government Code, §411.0845, and may obtain any law enforcement or criminal history records that relate to a specific applicant for or holder of a certificate issued under Chapter 21, Subchapter B; TEC, §22.0831(c), which requires SBEC to review the national criminal history of a person seeking certification; TEC, §22.0831(f)(1) and (2), which state that SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements; and Texas Occupations Code, §53.105, which states that a licensing authority may require a fee that is in an amount sufficient to cover the cost of administration.

CROSS REFERENCE TO STATUTE. The amendments are adopted under Texas Education Code (TEC) §§21.031(a); 21.041(b)(1)-(5) and (9) and (c); 21.044(a), as amended by SBs 7, 1839, and 1963, 85th Texas Legislature, Regular Session, 2017; (e), and (f); 21.048, as amended by House Bill (HB) 3, 86th Texas Legislature, 2019; 21.0485; 21.0489; 21.050, as amended by House Bill (HB) 3217, 86th Texas Legislature, 2019; 21.054(a), as amended by SBs 7, 179, and 1839, 85th Texas Legislature, Regular Session, 2017, and HB 2424, 86th Texas Legislature, 2019; 22.082; and 22.0831(c) and (f); and Texas Occupations Code, §53.105.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 27, 2020.

TRD-202001682

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Effective date: May 17, 2020

Proposal publication date: January 3, 2020

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