TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 229. ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION

The State Board for Educator Certification adopts the repeal of §§229.1-229.5 and new §§229.1-229.12, concerning Accountability System for Educator Preparation, without changes to the proposed text as published in the November 30, 2001, issue of the Texas Register (26 TexReg 9718) and will not be republished.

No comments were received regarding adoption of the rules.

The following is a summary of the factual basis for the rules as adopted that demonstrates a rational connection between the factual basis for the rules and the rules as adopted:

Under TAC Chapter 229, educator preparation programs are held accountable for performance. The adopted amendments are refinements to the rules for the Accountability System for Educator Preparation (ASEP), to be used for issuing annual accreditation ratings in September 2002 and beyond. In addition to revisions for state accountability purposes, the amendments will result in a closer alignment of ASEP with federal accountability required under Title II of the Higher Education Act.

It is important that SBEC rules and policies be continually reviewed so that ASEP effectively, equitably, and appropriately assures that entities are held accountable for the readiness for certification of individuals completing their programs. The proposed refinements represent the recommendations of the ASEP Advisory Committee, comprised of educators from educator preparation programs and other stakeholders. Generally, the proposed rules would significantly revise the accountability system beginning with the 2003-2004 ASEP ratings, as described below.

(1) (§229.2 and §229.3.) "Program completers" would replace "test takers" as the basis of the accountability ratings. That is, a preparation program's accreditation status would be determined by looking at the certification (ExCET) exam performance of persons who have completed program requirements, but for passing their ExCET exams (e.g., obtained a degree from a college or university program or finished required training at an alternative certification program). Now, programs are held accountable for the test performance of their candidates regardless of whether they have completed the program.

(2) (§229.3 and §229.6.) To coincide with federal Title II reporting, annual accountability ratings would be issued in the spring (April/May) rather than in the fall (September/October). Ratings issued in Spring 2003 would determine programs' accreditation status for the 2003-2004 school year. Coupled with the change to using completer data, the shift from fall to spring reporting of ratings will give programs more notice and opportunity to make improvements before the next reporting cycle ends.

(3) (§229.3.) Use of data for small groups will change. As required by Section 21.045(a) of the Education Code, ASEP data are disaggregated according to ethnicity and gender. Each group (all candidates, and ethnic and gender groups) is required to perform acceptably on either the first-year or final pass rate. Data representing the performance of a small group of individuals or tests, however, must be used with caution for evaluating an educational program. Consequently, the advisory committee extensively discussed the use of such data in ASEP and SBEC agreed with the advisory committee's recommendations, which are represented in the proposed rules.

Under current rules, a "small" group consists of fewer than 30 candidates. Under the proposed rules for Spring 2003 ratings and beyond, a small group would consist of 15 or fewer candidates. If the current pass rate for an ethnic or gender group were acceptable, that performance would be used for accreditation purposes, regardless of the number of candidates in the group. If the group's current pass rate were unacceptable and represented more than 15 candidates, the program would be rated Accredited-Under Review based on the group's low performance. If the group's current pass rate were unacceptable but represented 15 or fewer candidates, the program would be rated Accredited-Under Review only if the previous year's performance for the group was also unacceptable. The program, however, could appeal to the SBEC executive director and Board for reconsideration of that status because of the small number of candidates considered.

Additionally, the amendments would make limited revisions for the 2002-2003 accountability ratings. These changes include the following:

(1) (§§229.1, 229.8-229.12.) Effective Date. Ratings issued in September 2002 would determine programs' accreditation status for the 2002-2003 school year.

(2) (§229.9) Use of Data for Small Groups. For ratings issued only in September 2002, a small group would continue to be fewer than 30 candidates (i.e., "test takers"). In the proposed rules for 2002-2003, data for a small ethnic or gender group (fewer than 30 test takers) will be combined with data from previous year(s) only if the group's performance is unacceptable.

Further, for ratings to be issued for 2002 and 2003 and beyond, the proposed amendments clarify the requirement that an administrator must be appointed by the executive director if the entity is rated Accredited-Under Review for a third consecutive academic year. (§229.6 and §29.11.)

Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

19 TAC §§229.1 - 229.5

The repeals are adopted under the Texas Education Code (TEC) §21.045, which requires the Board to propose rules governing the continuing accountability of all educator preparation programs.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2002.

TRD-200200163

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 3, 2002

Proposal publication date: November 30, 2001

For further information, please call: (512) 469-3011


19 TAC §§229.1 - 229.12

The new rules are adopted under the Texas Education Code (TEC) §21.045, which requires the Board to propose rules governing the continuing accountability of all educator preparation programs.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2002.

TRD-200200164

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 3, 2002

Proposal publication date: November 30, 2001

For further information, please call: (512) 469-3011


Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

Subchapter J. CERTIFICATION REQUIREMENTS FOR EDUCATORS OTHER THAN CLASSROOM TEACHERS AND EDUCATIONAL AIDES

The State Board for Educator Certification adopts amended 19 Texas Administrative Code Chapter 230, Subchapter J, §§230.304, 230.306, 230.308, 230.313, 230.314 (repeals) and §230.319 (amendment), relating to educators other classroom teachers without changes to the proposed text as published in the November 30, 2001, issue of the Texas Register (26 TexReg 9726) and will not be republished.

No comments were received regarding adoption of the rules.

REASONED JUSTIFICATION FOR RULES AS ADOPTED:

The following is a summary of the factual basis for the rules as adopted that demonstrates a rational connection between the factual basis for the rules and the rules as adopted:

On January 4, 2002, the State Board for Educator Certification (SBEC) proposed conforming amendments to repeal obsolete school administrator certificate rules, 19 TAC §§230.304 and 230.306, that have been superseded by the new principal rules in 19 TAC Ch. 241 and the new superintendent rules in 19 TAC Ch. 242.

On January 4, 2002, SBEC also adopted the repeal of rules at 19 TAC §§230.308, 230.313, 230.314, and 230.319(b), which are related to credentials no longer issued, including supervisor, visiting teacher, special education supervisor and visiting teacher, and vocational supervisor. By their own terms, these rules expired on September 1, 2001, and SBEC has decided not to readopt them.

Further, on January 4, 2002, SBEC adopted an amendment to 19 TAC §232.510(b) creating a new class of certificate for instructional educators other than classroom teachers. The reading specialist certificate would be the only member of this class for now.

The affected sections of SBEC's rules are the following:

19 Tex. Admin. Code Ch. 230, Subch. J:

§230.304 (repeal), relating to professional administrators' certificates (superintendent, principal, and assistant principal).

Superseded by new 19 Tex. Admin. Code Ch's 241 and 242, relating to the principal and superintendent certificates, respectively.

§230.306 (repeal), relating to the supervisor certificate.

No longer issued. SBEC has already eliminated the assignment criteria for supervisors-districts are not required under SBEC's rules to employ a certified educator to fill this position.

Districts may require whatever certification they deem appropriate for the assignment.

§230.308 (repeal), relating to the visiting teacher certificate.

No longer issued. SBEC has already eliminated the assignment criteria for visiting teachers-districts are not required under SBEC's rules to employ a certified educator to fill this position.

Districts may require whatever certification they deem appropriate for the assignment.

§230.313 (repeal), relating to the special education supervisor certificate.

No longer issued. SBEC has already eliminated the assignment criteria for special education supervisors-districts are not required under SBEC's rules to employ a certified educator to fill this position.

SBEC's remaining special education teacher certification and other credentials could accommodate any certificate requirements for a special education supervisor under TEA or federal rules ( see, e.g. , 19 TAC §89.1131, relating to qualifications of special education, related service, and paraprofessional personnel).

§230.314 (repeal), relating to the special education visiting teacher certificate.

No longer issued. SBEC has already eliminated the assignment criteria for special education visiting teachers-districts are not required under SBEC's rules to employ a certified educator to fill this position.

SBEC's remaining special education teacher certification and other credentials could accommodate any certificate requirements for a special education visiting teacher under TEA or federal rules (see, e.g., 19 TAC §89.1131, relating to qualifications of special education, related service, and paraprofessional personnel).

§230.319(b) (repeal), relating to the vocational supervisor (administrator) certificate.

No longer issued. SBEC has already eliminated the assignment criteria for vocational supervisors-districts are not required under SBEC's rules to employ a certified educator to fill this position.

Districts may require whatever certification they deem appropriate for the assignment.

19 Tex. Admin. Code §232.510(b) (addition), relating to classes of certificates.

Adds to the classes of certificates "instructional educator other than classroom teacher, including reading specialist."

The reading specialist certificate is still issued but is not included in the current list of certificate classes.

By using phrase "instructional educator other than classroom teacher," other certificates like reading specialist will be covered by the listing without having to amend the rule again.

Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

19 TAC §§230.304, 230.306, 230.308, 230.313, 230.314

The repeals are adopted under Texas Education Code (TEC) §21.041(a), which requires SBEC to propose rules for the general administration of TEC Ch. 21, Subch. B; §21.041(b)(2), which requires SBEC to propose rules that specify the classes of educator certificates to be issued; and §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2002.

TRD-200200165

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 3, 2002

Proposal publication date: November 30, 2001

For further information, please call: (512) 469-3011


19 TAC §230.319

The amendment is adopted under Texas Education Code (TEC) §21.041(a), which requires SBEC to propose rules for the general administration of TEC Ch. 21, Subch. B; §21.041(b)(2), which requires SBEC to propose rules that specify the classes of educator certificates to be issued; and §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2002.

TRD-200200166

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 3, 2002

Proposal publication date: November 30, 2001

For further information, please call: (512) 469-3011


Subchapter N. CERTIFICATE ISSUANCE PROCEDURES

19 TAC §230.436

The State Board for Educator Certification adopts amended §230.436, relating to schedule of fees for certification services, without changes to the proposed text as published in the November 30, 2001, issue of the Texas Register (26 TexReg 9728) and will not be republished.

No comments were received regarding adoption of the rule.

REASONED JUSTIFICATION FOR RULES AS ADOPTED:

The following is a summary of the factual basis for the rules as adopted that demonstrates a rational connection between the factual basis for the rules and the rules as adopted:

The increased fee on out-of-state educators was adopted to implement House Bill 1721 (77th Leg.) by Rep. Martinez Fisher (Act of May 23, 2001, 77th Leg., R.S., ch. 1306, 2001 Tex. Sess. Law Serv. 3032 (Vernon) (to be codified as an amendment to Tex. Educ. Code Ann. §21.052(a))). House Bill 1721 allows the State Board for Educator Certification (SBEC) to certifiy certain educators from other states or countries without requiring them to pass Texas's certification tests. An educator from outside Texas who passed another jurisdiction's credentialing exams will not have to pass the corresponding Texas exams as long as the other jurisidiction's exams are "similar to" and "at least as rigorous as" Texas's exams.

To determine which jurisdictions give tests that will qualify their educators for a test exemption in Texas, SBEC must conduct a comparability study of other jurisdictions' certification exams. To pay for the comparability study and to cover other costs related to implementing House Bill 1721, SBEC must raise additional fee revenue.

Contingent on sufficiently increased fee revenue, the Legislature appropriated $761,688 over the biennium to SBEC for the implementation of House Bill 1721. In the related contingent appropriations rider, the Legislature expressed its intent that SBEC increase fees for out-of-state educators to recover costs and lost revenue from implementing this legislation. By increasing the credential review fee for out-of-state educators from $75 to $175, sufficient revenue will be generated to complete the comparability study of other jursidictions' credentialing exams and to otherwise cover the cost of implementing House Bill 1721.

Under the adopted amendment, the agency could raise fees to pay for the comparability study as required to implement House Bill 1721. The fee increase would also let the agency adjust its operating budget for loss of test revenue resulting from test exemptions granted to out-of-state educators under House Bill 1721.

Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

The amendment is adopted under §21.041(c), Education Code, which requires the State Board for Educator Certification (SBEC) to propose a rule adopting a fee for the issuance and maintenance of an educator certificate that is adequate to cover the cost of administering Chapter 21, Subchapter B, Education Code; Act of May 23, 2001, 77th Leg., R.S., ch. 1306, 2001 Tex. Sess. Law Serv. 3032 (Vernon) (to be codified as an amendment to Tex. Educ. Code Ann. §21.052(a)), which authorizes SBEC to certify educators from outside Texas who have already passed another jurisdiction's certification exam that is similar to and at least as rigorous as the comparable Texas exam; and the current General Appropriations Act-Act of May 24, 2001, 77th Leg., R.S., S.B. 1, Art. IX-99, Sec. 10.60-which requires SBEC to increase certification fees on out-of-state educators to pay for the implementation of House Bill 1721 (77th Legislature).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2002.

TRD-200200167

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 3, 2002

Proposal publication date: November 30, 2001

For further information, please call: (512) 469-3011


Chapter 232. GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED

Subchapter M. TYPES AND CLASSES OF CERTIFICATES ISSUED

19 TAC §232.510

The State Board for Educator Certification adopts an amendment to §232.510(b), concerning types and classes of certificates issued, without changes to the proposed text as published in the November 30, 2001, issue of the Texas Register (26 TexReg 9729) and will not be republished.

No comments were received regarding adoption of the rules.

REASONED JUSTIFICATION FOR RULES AS ADOPTED:

The following is a summary of the factual basis for the rules as adopted that demonstrates a rational connection between the factual basis for the rules and the rules as adopted:

On January 4, 2002, the State Board for Educator Certification (SBEC) proposed conforming amendments to repeal obsolete school administrator certificate rules, 19 TAC §§230.304 and 230.306, that have been superseded by the new principal rules in 19 TAC Ch. 241 and the new superintendent rules in 19 TAC Ch. 242.

On January 4, 2002, SBEC also adopted the repeal of rules at 19 TAC §§230.308, 230.313, 230.314, and 230.319(b), which are related to credentials no longer issued, including supervisor, visiting teacher, special education supervisor and visiting teacher, and vocational supervisor. By their own terms, these rules expired on September 1, 2001, and SBEC has decided not to readopt them.

Further, on January 4, 2002, SBEC adopted an amendment to 19 TAC §232.510(b) creating a new class of certificate for instructional educators other than classroom teachers. The reading specialist certificate would be the only member of this class for now.

The affected sections of SBEC's rules are the following:

19 Tex. Admin. Code Ch. 230, Subch. J:

§230.304 (repeal), relating to professional administrators' certificates (superintendent, principal, and assistant principal).

Superseded by new 19 Tex. Admin. Code Ch's 241 and 242, relating to the principal and superintendent certificates, respectively.

§230.306 (repeal), relating to the supervisor certificate.

No longer issued. SBEC has already eliminated the assignment criteria for supervisors-districts are not required under SBEC's rules to employ a certified educator to fill this position.

Districts may require whatever certification they deem appropriate for the assignment.

§230.308 (repeal), relating to the visiting teacher certificate.

No longer issued. SBEC has already eliminated the assignment criteria for visiting teachers-districts are not required under SBEC's rules to employ a certified educator to fill this position.

Districts may require whatever certification they deem appropriate for the assignment.

§230.313 (repeal), relating to the special education supervisor certificate.

No longer issued. SBEC has already eliminated the assignment criteria for special education supervisors-districts are not required under SBEC's rules to employ a certified educator to fill this position.

SBEC's remaining special education teacher certification and other credentials could accommodate any certificate requirements for a special education supervisor under TEA or federal rules ( see, e.g. , 19 TAC §89.1131, relating to qualifications of special education, related service, and paraprofessional personnel).

§230.314 (repeal), relating to the special education visiting teacher certificate.

No longer issued. SBEC has already eliminated the assignment criteria for special education visiting teachers-districts are not required under SBEC's rules to employ a certified educator to fill this position.

SBEC's remaining special education teacher certification and other credentials could accommodate any certificate requirements for a special education visiting teacher under TEA or federal rules (see, e.g., 19 TAC §89.1131, relating to qualifications of special education, related service, and paraprofessional personnel).

§230.319(b) (repeal), relating to the vocational supervisor (administrator) certificate.

No longer issued. SBEC has already eliminated the assignment criteria for vocational supervisors-districts are not required under SBEC's rules to employ a certified educator to fill this position.

Districts may require whatever certification they deem appropriate for the assignment.

19 Tex. Admin. Code §232.510(b) (addition), relating to classes of certificates.

Adds to the classes of certificates "instructional educator other than classroom teacher, including reading specialist."

The reading specialist certificate is still issued but is not included in the current list of certificate classes.

By using phrase "instructional educator other than classroom teacher," other certificates like reading specialist will be covered by the listing without having to amend the rule again.

(C) Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

The amendment is adopted under Texas Education Code (TEC) §21.041(a), which requires SBEC to propose rules for the general administration of TEC Ch. 21, Subch. B; §21.041(b)(2), which requires SBEC to propose rules that specify the classes of educator certificates to be issued; and §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2002.

TRD-200200168

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 3, 2002

Proposal publication date: November 30, 2001

For further information, please call: (512) 469-3011