PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 232. GENERAL CERTIFICATION PROVISIONS
SUBCHAPTER A. TYPES AND CLASSES OF CERTIFICATES ISSUED
The State Board for Educator Certification (SBEC) adopts amendments to §232.4 and §232.5, relating to types and classes of certificates issued. The amendment to §232.4 is adopted without changes to the proposed text as published in the March 28, 2008, issue of the Texas Register (33 TexReg 2632) and will not be republished. The amendment to §232.5 is adopted with changes to the proposed text published in the March 28, 2008, issue.
The Texas Education Code (TEC), §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B. The TEC, §21.031, authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.
The Texas Education Agency (TEA) staff presented draft proposed changes to the SBEC at the July 2007 meeting and at the November 2007 meeting following a September 26, 2007, staff meeting with stakeholders. The SBEC took action at the January 2008 meeting to approve proposed revisions to 19 TAC Chapter 232 for filing as proposed with the Texas Register. Following the public comment period, the SBEC took action in March 2008 to adopt, subject to SBOE review, proposed revisions to 19 TAC Chapter 232, as published as proposed, with the exception of §232.4, Probationary Certificates, and §232.5, Temporary Teacher Certificates. In March, the SBEC also took action to approve substitute rule text for §232.4 and §232.5 for filing as proposed with the Texas Register.
At the May 2008 meeting, the SBEC approved for adoption, subject to SBOE review, the proposed amendments to 19 TAC §232.4 and §232.5, with an additional change to §232.5(f) to specify that 380 total clock-hours of training would be required for temporary teacher certificates.
The adopted amendments to 19 TAC §232.4 and §232.5 clarify the requirements for probationary certificates and temporary teacher certificates. The adopted amendments also address special education assignment at the public middle school or high school level (Grades 7-12) and training requirements for temporary teacher certificate holders.
Following is a description of the adopted amendments to 19 TAC §232.4 and §232.5.
Language has been revised in §232.4(a)(4) and (5) to provide for incorporation of requirements imposed by subsequent amendments to the No Child Left Behind Act (NCLB) into the rule. Also, a definition for Early Childhood has been added to §232.4(a).
Language has been revised in §232.4(c)(1) to clarify that a recognized regional accrediting organization will be as specified in 19 TAC Chapter 230, Subchapter Y. Language has also been added to include an accrediting organization recognized by the Texas Higher Education Coordinating Board (THECB). Also, the phrase, "or otherwise approved by a state department of education," has been deleted to ensure educators meet rigorous standards outlined by the accrediting agencies recognized by the THECB.
Language has been revised in §232.4(c)(3) and (d)(1) to remove reference to an alternative certification program.
Language has been revised in §232.4(c)(7) to further define public elementary school level as Early Childhood-Grade 6 and public middle or high school level as Grades 7-12. Language has been added in subsection (c)(7)(B) specifying that an educator will need to pass the appropriate content area certification examination to teach in Grades 7-12. Language has also been revised to specify that the upper division coursework will need to be in the subject taught.
Section 232.4 has been changed by adding adopted new subsection (c)(8) to clarify the requirements for a probationary certificate in a special education assignment. The change in adopted new subsection (c)(8)(A) specifies the special education assignment requirements at the public elementary school level. The change in adopted new subsection (c)(8)(B) reflects action taken by the SBEC at its March 7, 2008, meeting that requires a teacher in a special education assignment at the public middle and high school level to pass the appropriate special education Early Childhood-Grade 12 examination and demonstrate content area mastery by either: (1) passing the appropriate content area certification examination, or (2) completing 24 college-level semester hours in the content area. This change in adopted new subsection (c)(8)(B) replaced an earlier version, which was withdrawn, after TEA staff discovered that the language was incorrect and would have been contrary to established practice.
Language has been revised in §232.4(d) to clarify that a probationary certificate will be for a 12-month period from the date of issuance. Language has also been amended in adopted new subsection (d)(2) to change from three school years to three 12-month periods the maximum term that an individual may be employed under a probationary certificate and to list the certificate(s) an individual will be required to hold during the time period.
A definition for TEA staff has been added in §232.4 as adopted new subsection (f).
Language in §232.5 has been revised in adopted new subsection (f) to reflect action taken by the SBEC at its March 7, 2008, meeting, after TEA staff determined that the training and support requirements should align with the requirements for educator preparation programs in 19 TAC Chapter 228. This change provides that coursework, mentoring, and training for a temporary teacher certificate holder will be the same as that required of an educator preparation program in Chapter 228. The SBEC at its May 9, 2008, meeting took action to adopt an additional change to specify that temporary teacher certificates shall require 380 total clock-hours of training.
A clerical correction has been made in §232.5(i) in order to conform an existing cross reference to reflect adopted changes in §232.5(f).
Language has been amended in §232.5(j) that clarifies that the district has the option of recommending an individual for the standard certificate upon completion of all requirements.
Changes to Comply with Senate Bill (SB) 9, 80th Texas Legislature, 2007
As a result of passage of SB 9, language has been added to §232.4 in adopted new subsection (c)(6) and §232.5 in adopted new subsection (a)(4) to require that an individual submit fingerprints in accordance with the TEC, §22.0831.
Technical Changes
Throughout §232.4 and §232.5, numerous grammatical and technical changes have been made, such as replacing the term "Executive Director" with the term "TEA staff" and replacing the term "Board" with the term "State Board for Educator Certification." Also, statutory citation references have been updated and standardized to reflect current law and Texas Register formatting requirements.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
Following the March 2008 SBEC meeting, the proposed amendments to 19 TAC §232.4 and §232.5 were filed with the Texas Register initiating the official public comment period. The following comments were received regarding the proposed amendments.
Comment: The Texas Classroom Teachers Association (TCTA) commented that the proposed amendment to 19 TAC §232.5(f) would temporarily eliminate minimum training requirements for temporary teacher certificates (TTC) because it would provide that a school district that employs a person with a TTC must provide the same coursework, mentoring, and training as is required by 19 TAC Chapter 228, Requirements for Educator Preparation Programs. The TCTA further commented that Chapter 228 currently contains no minimum training requirements and that the proposed revisions to Chapter 228, which would specify minimum requirements, would not be effective until the 2009-2010 school year. The TCTA is opposed to any reduction in the minimum standards for TTC training and is concerned that school districts would be confused about whether the current guidelines would still be effective. The TCTA appreciated the intent expressed by TEA staff to continue the current guidelines for the TTC until the specific requirements of the draft revisions to Chapter 228 become effective, but preferred to see that intent expressed in rule. In addition, the TCTA supported continuing the requirement in the current guidelines of 380 total clock-hours of training for the TTC rather than the 300 total clock-hours required by the draft revisions to 19 TAC Chapter 228.
Board Response: The SBEC agreed with the comment regarding minimum training requirements and took action to adopt, subject to State Board of Education review, the rule with changes since published as proposed to specify that 380 total clock-hours of training would be required for the TTC.
Comment: An individual commented that she had a valid Louisiana teaching certificate and had received "Exceeds Expectations" on her Professional Development and Appraisal System (PDAS) appraisal during the time she taught in Texas on a one-year, non-renewable certificate. The individual also stated that she had been allowed to teach in Texas and had applied for certification in 2001, 2002, and 2003, yet the SBEC records she received in response to her open records request did not reflect any certification had been granted. The individual questioned how this had happened and whether her records might have been altered.
Board Response: The SBEC did not find this comment relevant to this agenda item and took no action in response to this comment.
The State Board of Education (SBOE) took no action on the review of the amendments to 19 TAC §232.4 and §232.5 at the July 18, 2008, SBOE meeting.
The amendments are adopted under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; §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; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(5), which requires the SBEC to propose rules that provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to the TEC, §21.052; §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; §22.0831(c), which states that the SBEC shall 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; §22.0831(f), which allows the SBEC to propose rules establishing deadlines for a person to submit fingerprints and photographs in compliance with §22.0831, National Criminal History Record Information Review of Certified Educators; and sanctions for a person's failure to comply with the requirements of §22.0831, including suspension or revocation of a certificate or refusal to issue a certificate; and §22.0831(g), which requires the SBEC to establish a schedule for obtaining and reviewing the information a certified educator must provide the SBEC under §22.0831. Not later than September 1, 2011, the SBEC must obtain all national criminal history record information on all certified educators.
The adopted amendments implement the TEC, §§21.003(a); 21.031; 21.041(b)(1) - (5) and (9); and 22.0831(c), (f), and (g).
§232.5.Temporary Teacher Certificates.
(a) A person may be temporarily certified to teach only in Grades 8-12 if the person:
(1) holds a baccalaureate or advanced degree from an accredited institution of higher education received with an academic major or interdisciplinary academic major, including reading, other than education, that is related to at least one area of the curriculum as prescribed under the Texas Education Code (TEC), Chapter 28, Subchapter A;
(2) performs satisfactorily on the appropriate examinations prescribed under the TEC, §21.048;
(3) passes a criminal history background check by submitted fingerprints for review; and
(4) submits fingerprints in accordance with §232.905(c) of this title (relating to Submission of Required Information) and the TEC, §22.0831.
(b) A certificate issued under this section is valid for a term not to exceed two academic years.
(c) A person may receive a certificate to teach only in a subject area of the curriculum prescribed under the TEC, Chapter 28, Subchapter A, in which the person holds a baccalaureate or advanced degree from an institution of higher education with an academic major related to that area of the curriculum. Guidelines for determining the academic major related to the current Grades 8-12 certificate structure will be developed by the Texas Education Agency (TEA) staff.
(d) A person who applies for a temporary teaching certificate under this section shall pay a fee equal to that required of applicants for a probationary certificate under §230.436 of this title (relating to Schedule of Fees for Certification Services).
(e) A person who holds a certificate under this section may be employed by a school district only if the person and the school district agree that the person will be employed under a probationary contract for each year of the person's employment with the district.
(f) A school district employing a person who holds a certificate issued under this section must provide the same coursework, mentoring, and training that is required by Chapter 228 of this title (relating to Requirements for Educator Preparation Programs), except that a certificate issued under this section shall require 380 total clock-hours of training.
(g) Districts delivering the required intensive support for an educator holding the temporary teacher certificate must follow guidelines established by the TEA staff with evidence indicating the ability to comply with the provisions of this chapter.
(h) A school district may require that a person who will be employed by the district and who holds a temporary teacher certificate issued under this section complete a teacher training program.
(i) At the end of the two years of employment, the person must apply to the SBEC for a standard certificate. The person must also be recommended by the current employing school district for certification. All employing school districts must provide evidence to the SBEC that each district complied with the requirements of subsection (f) of this section.
(j) A standard teaching certificate may be issued to a person under this section if:
(1) the person held a temporary teacher certificate issued under this section;
(2) the person has been continuously employed as a teacher of record in a public school district for two academic years; and
(3) the employing district(s) has (have) favorably reviewed the person's performance, including classroom performance and performance in any teacher training program(s). Each school district must predominately base the review of a person's performance on the increase in achievement of his or her students.
(k) At the end of the two years of employment, if a person is granted a standard certificate, the person may not apply for or receive another temporary certificate under this section.
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 July 28, 2008.
TRD-200803890
Karen Loonam
Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: August 17, 2008
Proposal publication date: March 28, 2008
For further information, please call: (512) 475-1497