PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD

CHAPTER 1. AGENCY ADMINISTRATION

SUBCHAPTER A. GENERAL PROVISIONS

19 TAC §1.16

The Texas Higher Education Coordinating Board proposes amendments to §1.16, concerning contracts for materials and services.

Specifically, these amendments will provide: that the Chief Operating Officer, as well as the Commissioner, may approve contracts for materials and services of up to one hundred thousand dollars in value; and that the Commissioner and Chief Operating Officer may approve contract cost increases of up to ten per cent for contracts previously approved by either the Board or the Agency Operations Committee without resubmitting the contracts for approval.

Mr. William M. Franz, General Counsel has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rule.

Mr. Franz has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be the increased efficiency of agency contracting operations. There is no effect on small businesses. There is no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to William M. Franz, General Counsel, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under the Texas Education Code, §61.067, which provides the Coordinating Board with the authority to make contracts.

The amendment affects Texas Education Code, §61.067.

§1.16.Contracts for Materials and Services.

(a) - (b) (No change.)

(c) The Commissioner and the Deputy Commissioner for Business and Finance/Chief Operating Officer shall approve all contracts for the purchase of materials or services if the contract amount is less than or equal to $100,000.00. The Commissioner may delegate his approval authority to a deputy, associate, or assistant commissioner if:

(1) The contract amount is less than or equal to $5,000; or

(2) The Commissioner and the Deputy Commissioner for Business and Finance/Chief Operating Officer will be away from the agency and unavailable to approve contracts for more than one business day.

(d) - (f) (No change.)

(g) In the event that a contract for a given amount has been approved by either the Board or the Agency Operations Committee, as applicable, and circumstances alter such that the expenditure necessary under the contract increases by not more than ten per cent, the Commissioner or the Deputy Commissioner for Business and Finance/Chief Operating Officer may approve such an increase. Should the increase in expenditure exceed ten per cent, the contract must be resubmitted for approval by the Board or Agency Operations Committee, as appropriate.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804271

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 23, 2008

For further information, please call: (512) 427-6114

SUBCHAPTER G. EARLY COLLEGE HIGH SCHOOLS AND MIDDLE COLLEGES

19 TAC §§4.153 - 4.155, 4.159, 4.161

The Texas Higher Education Coordinating Board proposes amendments to §§4.153 - 4.155, 4.159, and 4.161, concerning Early College High Schools and Middle Colleges. Specifically, these amendments will clarify the distinctions between Early College High Schools and Middle College, expand the notification process to include approval of these entities by the Commissioner, clarify student eligibility, add a reporting requirement for evaluation purposes, and clarify that the exemption from dual credit restrictions is dependent on approval of the entity.

Dr. Judith Loredo, Assistant Commissioner, P-16 Initiatives, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Loredo has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering these sections will be a greater assurance of quality of the programs and services offered by these entities. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Dr. Kristen Kramer, Program Director, College Readiness, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, or Kristen.kramer@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, §§29.908, 61.076, 130.001(b)(3), and 130.090, which provide the Coordinating Board with the authority to regulate courses and programs offered by public institutions of higher education in cooperation with secondary schools.

The amendments affect Texas Education Code, §29.908.

§4.153.Definitions.

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

(1) - (4) (No change.)

(5) Early College High School [or Middle College,] or ECHS[/MC]--The institution or entity that provides the outreach, curricula, and student learning and support programs that enable the participating student to combine high school courses and college-level courses during grade levels 9 through 12 and to [ for students who ] attain the Recommended or Advanced High School Program diploma and earn up to 60 semester credit hours toward an associate or baccalaureate degree by the fifth anniversary of the student's first day of high school [two years of college credit simultaneously].

(6) Middle College or MC--The institution or entity that provides the outreach, a course of study, and student learning and support programs that enable a participating student to combine high school courses and college-level courses during grade levels 11 through 12 and to attain the Recommended or Advanced High School Program diploma and a significant number of semester credit hours toward an associate or baccalaureate degree.

(7) [(6)] Recommended or Advanced High School Program--The curriculum specified in the Texas Education Code, §28.025, and the rules promulgated there under by the State Board of Education.

§4.154.Notification of Institutional Intent and Approval to Develop an Early College High School or Middle [School/Middle] College Entity.

Texas public colleges and universities (C/U) are eligible to enter into agreements with Texas public schools to create an ECHS or MC [ECHS/MC]. Any C/U that participates in the creation of an ECHS or MC [ECHS/MC] shall notify the Commissioner and petition for approval to operate the ECHS or MC [Board] in accordance with provisions and schedules determined by the Commissioner.

§4.155.Student Eligibility.

(a) (No change.)

(b) For this assessment, an ECHS/MC may use any instrument otherwise approved by the Board for Texas Success Initiative purposes in accordance with §4.54 (relating to Exemptions/Exceptions), [ and] §4.56 (relating to Assessment Instrument), and §4.57 (relating to Minimum Passing Standards) of this title [including, but not limited to, Texas Assessment of Knowledge and Skills (TAKS) scores, ACT scores, and SAT scores].

(c) (No change.)

§4.159.Evaluation and Accountability.

(a) Each ECHS or MC [ECHS/MC] and sponsoring C/U shall be responsible for the development and implementation of an evaluation process to determine the effectiveness of the ECHS or MC [ECHS/MC]. Measures of effectiveness shall include, but are not limited to, student results on the K-12 accountability assessments [(e.g., TAKS)] and success indicators of graduates at Texas public institutions of higher education [(e.g., participation rates, grade point average, retention rates, and graduation rates)].

(b) The sponsoring C/U shall report regularly to the Board according to provisions and schedules determined by the Commissioner. The C/U shall identify students enrolled in the ECHS or MC and provide other data as requested.

(c) Revocation of Approval. The Commissioner may revoke the approval of an ECHS or MC based on the following factors:

(1) Noncompliance with provisions and schedules determined by the Commissioner;

(2) Lack of program success as evidenced by reports on measures of effectiveness as outlined under subsection (a) of this section;

(3) Failure to provide accurate, timely, and complete information as required by the Board.

§4.161.Exemption from Certain Dual Credit Restrictions.

An ECHS or MC that has notified the Board and received approval from the Commissioner or his designee in accordance with §4.154 (relating to Notification of Institutional Intent and Approval to Develop an Early College High School or Middle College Entity) may allow its eligible students to enroll in more than two dual credit courses per semester. An approved ECHS may allow its eligible students to enroll in dual credit coursework with freshman, sophomore, junior, or senior high school standing. [A student enrolled in ECHS/MC may enroll in more than two dual credit courses per semester, and may enroll in dual credit coursework with freshman, sophomore, junior, or senior high school standing.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804284

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 23, 2008

For further information, please call: (512) 427-6114

SUBCHAPTER F. MATH, SCIENCE, AND TECHNOLOGY TEACHER PREPARATION ACADEMIES

19 TAC §5.114, §5.115

The Texas Higher Education Coordinating Board proposes amendments to §5.114 and §5.115, concerning Mathematics, Science, and Technology Teacher Preparation Academies. Specifically, these amendments will clarify the role of the Board in selection of the Academies based on specific policies outlined in §1.16 of this title concerning Contracts for Materials and Services.

Dr. Judith Loredo, Assistant Commissioner of P-16 Initiatives, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Loredo has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering these sections will be increased efficiency and a reduction in the time it takes to select institutions of higher education and award funds to selected institutions to offer a Mathematics, Science, and Technology Teacher Preparation Academy. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Dr. Susan Barnes, Senior Director, Educator Quality, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711, or susan.barnes@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

These amendments are proposed under the Texas Education Code, §21.462, which provides the Coordinating Board with the authority to adopt rules to establish mathematics, science, and technology teacher preparation academies at institutions of higher education that have a State Board for Educator Certification approved teacher preparation program or are affiliated with a program approved by the Board.

These amendments affects Texas Education Code, §21.462.

§5.114.Institutional Eligibility.

Under a competitive process and in accordance with Board procedures outlined under §1.16 of this title (relating to Contracts for Materials and Services), an eligible institution or institutions shall be selected [by the Board] to establish an Academy or Academies under procedures outlined by the Commissioner and in accordance with Texas Education Code, §21.462.

§5.115.Funding.

(a) The amount and use of funding awarded to each institution [approved by the Board] to offer an Academy or Academies shall be determined by the Commissioner in accordance with Board procedures outlined under §1.16 of this title (relating to Contracts for Materials and Services).

(b) The funds shall be distributed to each institution [approved by the Board ] to offer an Academy or Academies in a manner and time to be prescribed by the Commissioner.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804283

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 23, 2008

For further information, please call: (512) 427-6114

SUBCHAPTER B. BOARD APPROVAL

19 TAC §17.12

The Texas Higher Education Coordinating Board proposes amendments to §17.12 concerning Campus Planning Board Approval. Specifically the proposed amendments will add the Commissioner to the approval authority for projects.

Ms. Susan Brown, Assistant Commissioner, Planning and Accountability, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Ms. Brown has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be more efficient Board operations relating to institution facility project approvals. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Gary W. Johnstone, Deputy Assistant Commissioner, Planning and Accountability, 1200 East Anderson Lane, Austin, Texas 78752, gary.johnstone@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under the Texas Education Code, §§61.027, 61.0572, 61.058, and 51.927.

The amendment affects Texas Education Code, §§61.0572, 61.058, and 51.927.

§17.12.Delegation of Approval Authority.

(a) (No change.)

(b) Assistant Commissioner. The Board authorizes the Assistant Commissioner and the Deputy Assistant Commissioner for Planning and Accountability when acting on behalf of the Assistant Commissioner, to approve the following types of projects, upon certification of authority by the proposing institution's governing board that the project meets all of the specified Board standards for that project type:

(1) - (7) (No change.)

(8) Projects previously reviewed or approved by the Board, Committee, Commissioner, Deputy Commissioner for Academic Planning and Policy, or Assistant Commissioner that require reconsideration under the provisions of §17.14 of this title (relating to Re-approval of Projects) relating to any change in the funding source of an approved project with a total projected cost less than $25 million; and

(9) (No change.)

(c) - (d) (No change.)

(e) The Commissioner may refer projects to the Committee or the Board. The Committee may refer projects to the Board. The Assistant Commissioner may refer projects to the Deputy Commissioner for Academic Planning and Policy, or the Commissioner [Committee].

(f) (No change.)

(g) Decisions of the Assistant Commissioner may be appealed to the Deputy Commissioner for Academic Planning and Policy, or the Commissioner [Committee].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804266

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 23, 2008

For further information, please call: (512) 427-6114

19 TAC §17.21

The Texas Higher Education Coordinating Board proposes amendments to §17.21 concerning Campus Planning Board Approval. Specifically the proposed amendments will add the Commissioner for consideration of approval for projects.

Ms. Susan Brown, Assistant Commissioner, Planning and Accountability, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Ms. Brown has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be more efficient Board operations relating to institution facility project approvals. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment

Comments on the proposal may be submitted to Gary W. Johnstone, Deputy Assistant Commissioner, Planning and Accountability, 1200 East Anderson Lane, Austin, Texas 78752, gary.johnstone@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under the Texas Education Code, §§61.027, 61.0572, 61.058, and 51.927.

The amendment affects Texas Education Code, §§61.0572, 61.058, and 51.927.

§17.21.Application Procedures.

(a) (No change.)

(b) Institutions shall submit the following materials for the consideration of projects by the Assistant Commissioner, Deputy Commissioner for Academic Planning and Policy, Commissioner, Committee on Strategic Planning, or Board:

(1) - (5) (No change.)

(c) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804267

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 23, 2008

For further information, please call: (512) 427-6114

SUBCHAPTER II. EDUCATIONAL AIDE EXEMPTION PROGRAM

19 TAC §21.1088

The Texas Higher Education Coordinating Board proposes an amendment to §21.1088 concerning the Educational Aide Exemption Program. Specifically the deletion of §21.1088(c) eliminates redundancy with §21.1088(a).

Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for Business and Finance/Chief Operating Officer, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be more clarity in program operations. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under the Texas Education Code, §54.214(e), which provides the Coordinating Board with the authority to adopt rules to implement this section.

The amendments affect §54.214.

§21.1088.Exemption from Student Teaching.

(a) - (b) (No change.)

[(c) 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 this subchapter may not be required to participate in any field experience or internship consisting of student teaching to receive a teaching certificate.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804268

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 23, 2008

For further information, please call: (512) 427-6114

SUBCHAPTER B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM

19 TAC §22.23

The Texas Higher Education Coordinating Board proposes amendments to §22.23 concerning Provisions for the Tuition Equalization Grant Program. Specifically the proposed amendment to §22.23, Institutions, clarifies that institutions must submit their annual audit reports by April 15 following the end of the relevant fiscal year. In the past, some institutions performed their audits on a biannual basis, but this is no longer true.

Ms. Lois Hollis, Senior Assistant to the Deputy Commissioner for Business and Finance/Chief Operating Officer, has determined that for each year of the first five years the section is in effect, there will be no fiscal implications to state or local government as a result of enforcing or administering the rules.

Ms. Hollis has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be more clarity for and consistency among institutions administering the program. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788, Austin, Texas 78711, (512) 427-6465, lois.hollis@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendments are proposed under the Texas Education Code, §61.229, which provides the Coordinating Board with the authority to adopt rules to implement the program.

The amendments affect §§61.221 - 61.230.

§22.23.Institutions.

(a) - (b) (No change.)

(c) Responsibilities.

(1) - (2) (No change.)

(3) Reporting.

(A) Requirements/Deadlines. All institutions must meet Board reporting requirements in a timely fashion.

(i) Such reporting requirements shall include reports specific to allocation and reallocation of grant funds (including the Financial Aid Database Report) as well as progress and year-end reports of program activities.

(ii) Each participating institution shall have its TEG Program operations audited on a regular basis by an independent auditor or by an internal audit office that is independent of the financial aid and disbursing offices. Reports on findings and corrective action plans (if necessary) are due to the Board by April 15 each year [for institutions on annual audit schedules, and every other April 15 for institutions on biannual audit cycles. Biannual reports must cover operations for the prior two years].

(B) - (C) (No change.)

(4) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804269

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 23, 2008

For further information, please call: (512) 427-6114

19 TAC §22.507, §22.508

The Texas Higher Education Coordinating Board proposes amendments to §22.507 and §22.508, concerning Professional Nursing Shortage Reduction Program.

Specifically, these amendments will provide rules regarding the disbursement of funds for the Professional Nursing Shortage Reduction Program.

Ms. Susan Brown, Assistant Commissioner, Planning and Accountability, has determined that for each year of the first five years the sections are in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Ms. Brown has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of administering the sections will be an equitable disbursement of funds for the program. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Comments on the proposal may be submitted to Gary W. Johnstone, Deputy Assistant Commissioner, Planning and Accountability, 1200 East Anderson Lane, Austin, Texas 78752 or gary.johnstone@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The amendment is proposed under the Texas Education Code, §61.027, which provides the Coordinating Board with the authority to adopt rules, and Texas Education Code, §61.9624 which authorizes the Coordinating Board to adopt rules to administer this program.

The amendment affects Texas Education Code, §61.9624.

§22.507.Required Reporting of Award Expenditures.

(a) (No change.)

(b) Any award funds remaining unspent at the end of four fiscal years after the fiscal year of the award must be returned to the Coordinating Board within sixty days.

(c) [(b)] The program report shall be in a format and with the specific content prescribed by the Commissioner.

§22.508.Expenditure Restrictions, Accounting Requirements, and Audit Provisions.

(a) - (b) (No change.)

(c) Audit Provisions--Any awards made under this program or data submitted under this program are subject to audit by internal and/or external auditors, including Coordinating Board staff. Institutions that receive an award of $500,000 or more shall submit an independent audit report to the Coordinating Board within six months after the end of the award fiscal year. Institutions that receive an award of less than $500,000 shall have their internal auditor include the award as a part of its annual risk assessment for audit review. If the award is selected for further review, the internal auditor shall provide the Coordinating Board a copy of its audit report. Audits should determine if awards were expended in compliance with allowable award expenditures.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804270

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Proposed date of adoption: October 23, 2008

For further information, please call: (512) 427-6114

CHAPTER 227. PROVISIONS FOR EDUCATOR PREPARATION CANDIDATES

The State Board for Educator Certification (SBEC) proposes amendments to §§227.1, 227.10, and 227.20, new §227.5 and §227.15, and the repeal of §§227.30, 227.32, 227.34, 227.36, 227.38, 227.40, 227.42, 227.44, 227.46, 227.48, 227.50, 227.52, 227.54, 227.56, and 227.58, concerning provisions for educator preparation candidates. The proposed amendments, new sections, and repeals would update the rules to reflect current law, add minimum standards for all educator preparation programs, while still allowing flexibility, and ensure consistency among educator preparation programs in the state. The proposed amendments, new sections, and repeals result from the SBEC's rule review conducted in accordance with Texas Government Code, §2001.039.

The SBEC rules in 19 TAC Chapter 227 are currently organized as follows: Subchapter A, Admission to an Educator Preparation Program, and Subchapter B, Teach for Texas Pilot Program. These subchapters establish requirements for admission to an educator preparation program and the Teach for Texas Pilot Program. The Texas Education Code (TEC), §21.049, authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional educator preparation programs. The TEC, §21.031, states that the SBEC is established to oversee all aspects of the certification and continuing education of public school educators, and to 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 proposed revisions to 19 TAC Chapter 227 would update the rules to reflect current law and provide minimum standards with flexibility for all educator program candidates. These proposed revisions reflect discussions held during the January 9, 2008, Educator Preparation Advisory Committee meeting and the January 24, 2008, and June 12, 2008, stakeholder meetings. Additional changes also reflect public input received at the March 2008 and May 2008 SBEC meetings and comments received on the rule review of Chapter 227.

General Provisions

Language in §227.1 would be amended in subsection (a) to clarify "candidates for certification" as "educator preparation candidates." Also, in subsection (b) language would be updated to reflect TEC, §22.083.

Definitions

Proposed new §227.5 would add definitions for words and terms used in Chapter 227.

Language has been added in proposed new §227.5(3), (6), and (9) to specify that clinical teaching, internship, or student teaching would occur at a public school accredited by the Texas Education Agency (TEA) or a TEA-recognized private school.

Admission Criteria

The proposed amendment to §227.10 would include amending language in subsection (a) that would ensure that all candidates accepted into an educator preparation program meet the same minimum requirements for admission. Language would be added to specify the minimum requirements for admission to an educator preparation program. Specifically, the proposed revisions would allow an exception from minimum admission criteria for career and technology education certification candidates in subsection (a); add minimum standards for undergraduates in a university educator preparation program and include the regional accrediting agencies recognized by the Texas Higher Education Coordinating Board in proposed new subsection (a)(1); and add minimum standards for an alternative certification program or post-baccalaureate program in proposed new subsection (a)(2). Subsection (b) would be amended to clarify preparation programs as educator preparation programs. Proposed new subsection (c) would specify that an educator preparation program may not admit a candidate who has either completed another educator preparation program in the same certification field or who has been employed for three years in a public school under a specified certificate. Proposed new subsection (d) would provide that the admission criteria for career and technology education candidates are specified in 19 TAC Chapter 230 and Chapter 233. Also, proposed new subsection (e) would specify requirements for educator preparation program candidates who have transcripts from outside the United States.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §227.10 has been modified to specify in proposed new subsection (a)(3) a minimum grade point average (GPA) requirement, a provision for waiver of the GPA requirement, and a minimum of 12 semester credit hours in the subject-specific content area or a passing score on a content examination for all educator preparation programs. Language has also been modified in subsection (a)(3) to allow a candidate to take a content certification examination before graduation or full acceptance into an educator preparation program. In subsection (a)(4), language has been modified to specify the Texas Academic Skills Program® (TASP®) test in rule since it was the former name of the Texas Higher Education Assessment® (THEA®). In proposed new subsection (a)(5), the requirement of an oral communication skills test would be added because oral communication would not be covered in the basic skills assessment referenced in proposed new subsection (a)(4). In proposed new subsection (a)(6), a screening requirement to determine the educator preparation candidate's appropriateness for the certification sought would be added. In proposed new subsection (c), language has been modified to clarify that a candidate who has been employed for three years in a public school would possess a "permit."

Contingency Admission

Proposed new §227.15 would provide flexibility to alternative certification program or post-baccalaureate program candidates who are in the final semester of their degree plan and who have met all other program requirements. These program candidates could be admitted into a program to begin training pending degree conferred or having met all degree requirements. The contingency would be valid only for the semester for which the application was submitted.

As a result of public input received at the June 12, 2008, stakeholder meeting, language in proposed new §227.15(b) has been modified to allow a candidate admitted on a contingency basis to be approved to take a certification examination but not be recommended for a probationary certificate until the candidate has been awarded a baccalaureate degree.

Implementation Date

Language would be revised in §227.20 to specify an implementation date of the 2009-2010 school year.

Teach for Texas Pilot Program

The rules for the Teach for Texas Pilot Program found in Chapter 227, Subchapter B, are proposed for repeal since the program no longer exists.

Technical Changes

Cross references to the SBEC rules would be updated to comply with Texas Register formatting requirements.

Regarding procedural and reporting implications for the proposed rule actions, educator preparation programs would be responsible for tracking the admission requirements of educator preparation candidates. The proposed rule actions would not include any additional locally maintained paperwork requirements.

Dr. Karen Loonam, deputy associate commissioner for educator certification and standards, has determined that for the first five-year period the proposed amendments, new sections, and repeals are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rule actions. The proposed amendments, new sections, and repeals will have no fiscal implications for educator preparation programs as a result of enforcing or administering the proposed rule actions, because the proposed rule actions merely set out the types of tests and qualifications that programs must use in admitting candidates.

Dr. Loonam has determined that for the first five-year period the proposed amendments, new sections, and repeals are in effect the public benefit anticipated as a result of the proposed rule actions would be the development of clear, minimum educator preparation program admission criteria that would ensure educators are prepared to positively impact the performance of the diverse student population of this state. There may be an unknown economic cost to persons required to comply with the proposed rule actions, but it is impossible to estimate the cost since many, if not most, of such educator preparation program candidates will have already taken examinations that meet the minimum standards.

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.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments, new sections, and repeals submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Dr. Karen Loonam, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

19 TAC §§227.1, 227.5, 227.10, 227.15, 227.20

The amendments and new sections are proposed under the TEC, §21.031, which states that the SBEC shall 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; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.045(a), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under TEC, §21.048(a), and performance based on the appraisal system for beginning teachers adopted by the SBEC; §21.049, which authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional educator preparation programs; §21.050(a), which specifies that 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 TEC, Chapter 28, Subchapter A; and §21.051, which authorizes the SBEC to propose rules providing flexible options for persons for any field experience or internship required for certification.

The proposed amendments and new sections implement the TEC, §§21.031; 21.044; 21.045(a); 21.049; 21.050(a); and 21.051.

§227.1.General Provisions.

(a) It is the responsibility of the education profession as a whole to attract candidates and to retain educators [ candidates for certification] who demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.

(b) Educator preparation programs should collaborate with local school districts [and education service centers] pursuant to the Texas Education Code, §22.083, to examine the criminal history of all educator preparation candidates [students] prior to participation in educator preparation activities that occur in a school [field-based setting].

§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) Alternative certification program--An approved educator preparation program, delivered by entities described in §228.20(a) of this title (relating to Governance of Educator Preparation Programs), specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a baccalaureate degree.

(2) Candidate--A participant in an educator preparation program seeking certification.

(3) Clinical teaching--A 12-week full-day teaching practicum in an alternative certification program at a public school accredited by the Texas Education Agency (TEA) or a TEA-recognized private school that may lead to completion of a standard certificate.

(4) Contingency admission--Conditional admission to an educator preparation program, pending graduation and degree conferred from a recognized regional accrediting organization as specified in Chapter 230, Subchapter Y, of this title (relating to Definitions); or an accrediting organization recognized by the Texas Higher Education Coordinating Board.

(5) Educator preparation program--An entity approved by the State Board for Educator Certification to recommend candidates in one or more educator certification fields.

(6) Internship--A one-year supervised professional assignment at a public school accredited by the TEA or a TEA-recognized private school that may lead to completion of a standard certificate.

(7) Practicum--Practical work in a particular field; refers to student teaching, clinical teaching, internship, or practicum for a professional certificate that is in the school setting.

(8) Semester credit hour--One semester credit hour is equal to 15 clock-hours at an accredited university.

(9) Student teaching--A 12-week full-day teaching practicum in a program provided by an accredited university at a public school accredited by the TEA or a TEA-recognized private school that may lead to completion of a standard certificate.

§227.10.Admission Criteria.

(a) The educator preparation program [entity ] delivering educator preparation shall require the following minimum criteria of all candidates prior to admission to the program, except candidates for career and technology education certification [ establish policies for the following]:

(1) for an undergraduate university program, a candidate shall be enrolled in an educator preparation program from an institution of higher education that is recognized by one of the following regional accrediting agencies by the Texas Higher Education Coordinating Board (THECB):

(A) Middle States Association of Colleges and Schools, Commission on Higher Education (MSA-CHE);

(B) New England Association of Schools and Colleges, Commission on Institutions of Higher Education (NEASC-CIHE);

(C) North Central Association of Colleges and Schools, Higher Learning Commission (NCA-HLC);

(D) Northwest Commission on Colleges and Universities (NWCCU);

(E) Southern Association of Colleges and Schools (SACS);

(F) Western Association of Schools and Colleges, Accrediting Commission for Community and Junior Colleges (WASC-ACCJC);

(G) Western Association of Schools and Colleges, Accrediting Commission for Senior Colleges and Universities (WASC-ACSCU);

(H) Association for Biblical Higher Education (ABHE); and

(I) Association of Theological Schools in the United States and Canada (ATS);

(2) for an alternative certification program or post-baccalaureate program, a candidate shall have a baccalaureate degree earned from and conferred by an institution of higher education that is recognized by one of the regional accrediting agencies by the THECB, specified in paragraph (1) of this subsection;

(3) for an undergraduate university program, alternative certification program, or post-baccalaureate program, a candidate shall meet the following criteria in order to be eligible to enter an educator preparation program:

(A) an overall grade point average (GPA) of at least 2.5 or at least 2.5 in the last 60 semester credit hours; or

(B) documentation and certification from the program director that a candidate's work, business, or career experience demonstrates achievement equivalent to the academic achievement represented by the GPA requirement. This exception to the minimum GPA requirement will 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 cohort of candidates; and

(C) for a program candidate who will be seeking an initial certificate, a minimum of 12 semester credit hours in the subject-specific content area for the certification sought, a passing score on a content certification examination, or a passing score on a content examination administered by a vendor on the Texas Education Agency (TEA)-approved vendor list published by the commissioner of education for the calendar year during which the candidate seeks admission;

(4) for a program candidate who will be seeking an initial certificate, the candidate shall pass the basic skills test in reading, written communication, and mathematics or demonstrate equivalent performance, using one of the following:

(A) the Texas Academic Skills Program® (TASP®) test or the Texas Higher Education Assessment® (THEA®) with a minimum score of 230 in reading, 230 in mathematics, and 220 in writing;

(B) the Accuplacer® test with a minimum score of 78 on Reading Comprehension, 63 on Elementary Algebra, 80 on Sentence Skills, and 6 on the Written Essay;

(C) the SAT® test with a minimum score of 500 on the verbal test and 500 on the mathematics test; or

(D) the ACT® test with a minimum score of 19 on the English test and 19 on the mathematics test;

(5) for a program candidate who will be seeking an initial certificate, the candidate shall demonstrate oral communication skills as specified in §230.413 of this title (relating to General Requirements);

(6) an application and either an interview or other screening instrument to determine the educator preparation candidate's appropriateness for the certification sought; and

[(1) screening activities to determine the candidate's appropriateness for the certification sought.]

[(2) screening for admission to include but not limited to college level skills in reading, oral and written communication, critical thinking, and mathematics.]

(7) [(3)] any other academic criteria for admission that are published and applied consistently to all educator preparation candidates.

(b) An educator preparation program [Preparation programs] may adopt requirements in addition to those explicitly required in this section.

(c) An educator preparation program may not admit a candidate who has completed another educator preparation program in the same certification field or who has been employed for three years in a public school under a permit or probationary certificate as specified in Chapter 232, Subchapter A, of this title (relating to Types and Classes of Certificates Issued).

(d) An educator preparation program may admit a candidate for career and technology education 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).

(e) An educator preparation program may admit a candidate 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).

[(c) Each preparation program must develop and implement specific criteria and procedures that allow admitted individuals to substitute experience and/or professional training directly related to the certificate being sought for part of the preparation requirements.]

§227.15.Contingency Admission.

(a) A candidate may be accepted into an alternative certification program or post-baccalaureate program on a contingency basis pending receipt of an official transcript showing degree conferred, as specified in §227.10(a)(2) of this title (relating to Admission Criteria), provided that:

(1) the candidate is currently enrolled in and expects to complete the courses and other requirements for obtaining a baccalaureate degree at the end of the semester in which admission to the program is sought; and

(2) all other program admission requirements have been met.

(b) A candidate admitted on a contingency basis may begin program training and may be approved to take a certification examination, but shall not be recommended for a probationary certificate until the candidate has been awarded a baccalaureate degree.

(c) The contingency admission will be valid for only the semester for which the contingency admission was granted and may not be extended for another semester.

§227.20.Implementation Date.

All educator preparation programs must implement this chapter for all candidates participating in clinical teaching, student teaching, internship, or practicum for the 2009-2010 school year [no later than Fall Semester 2000].

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804277

Karen Loonam

Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: September 21, 2008

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

SUBCHAPTER B. TEACH FOR TEXAS PILOT PROGRAM

19 TAC §§227.30, 227.32, 227.34, 227.36, 227.38, 227.40, 227.42, 227.44, 227.46, 227.48, 227.50, 227.52, 227.54, 227.56, 227.58

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under the Texas Education Code (TEC), §21.031, which states that the SBEC shall 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; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.045(a), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under TEC, §21.048(a), and performance based on the appraisal system for beginning teachers adopted by the SBEC; §21.049, which authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional educator preparation programs; §21.050(a), which specifies that 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 TEC, Chapter 28, Subchapter A; and §21.051, which authorizes the SBEC to propose rules providing flexible options for persons for any field experience or internship required for certification.

The proposed repeals implement the TEC, §§21.031; 21.044; 21.045(a); 21.049; 21.050(a); and 21.051.

§227.30.Purposes.

§227.32.Definitions.

§227.34.Available Funds.

§227.36.Authorized Entity and Funding Officer.

§227.38.Eligible Participants; Preferences.

§227.40.Hardship and Other Good Cause.

§227.42.Amount of Basic Financial Incentive.

§227.44.Participant Obligations for Basic Financial Incentive.

§227.46.Special Financial Incentives for Teaching in Underserved Areas.

§227.48.Conversion of Financial Incentive Award to Loan.

§227.50.Loan Interest.

§227.52.Repayment of Loans.

§227.54.Enforcement of Collection.

§227.56.Provisions for Disability and Death.

§227.58.Dissemination of Information.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804278

Karen Loonam

Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: September 21, 2008

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

19 TAC §§228.1, 228.2, 228.10, 228.20, 228.30, 228.35, 228.40, 228.50, 228.60

The State Board for Educator Certification (SBEC) proposes amendments to §§228.1, 228.2, 228.10, 228.20, 228.30, 228.40, 228.50, and 228.60, and new §228.35, concerning requirements for educator preparation programs. The proposed revisions would update the rules to reflect current law, add minimum standards for all educator preparation programs, while still allowing flexibility, and ensure consistency among the educator preparation programs in the state. The proposed amendments and new section result from the SBEC's rule review conducted in accordance with Texas Government Code, §2001.039.

The SBEC rules in 19 TAC Chapter 228 establish requirements for educator preparation programs. The Texas Education Code (TEC), §21.049, authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional educator preparation programs. The TEC, §21.031, states that the SBEC is established to oversee all aspects of the certification and continuing education of public school educators and to 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 proposed revisions to 19 TAC Chapter 228 would update the rules to reflect current law and provide minimum standards with flexibility for all educator program candidates. These proposed revisions reflect discussions held during the November 9, 2007, Educator Preparation Advisory Committee meeting and the January 24-25, 2008, and June 12, 2008, stakeholder meetings. Additional changes also reflect public input received at the March 2008 and May 2008 SBEC meetings.

General Provisions

Language in §228.1 would be amended to update the term "pre-kindergarten" to "early childhood" and delete the references to the "Centers for the Professional Development of Teachers," as they no longer exist. The reference to "alternative routes to certification" would also be deleted, as the rules apply to all educator preparation programs in the state.

Definitions

The proposed amendment to §228.2 would update terms to be used by all programs in the state to ensure effective communication among and with all educators and stakeholders in the state. Specifically, the proposed amendment would specify in new paragraphs (4), (12) and (17) that clinical teaching, internship, or student teaching would occur at a public school accredited by the Texas Education Agency (TEA) or a TEA-recognized private school; specify in proposed new paragraph (9) that field-based experiences must be conducted face-to-face in order to provide interaction with students and faculty; modify paragraph (18) to specify that instruction would occur for the majority of the instructional day instead of at least one class period; and clarify in proposed new paragraph (20) that the state curriculum is for Kindergarten-Grade 12.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §228.2 has been modified to specify in proposed new paragraph (13) that "a late hire" would refer to an individual who has been accepted into an educator preparation program and hired for a teaching assignment by a school after June 15 or after the school's academic year has begun to allow the individual time to complete the 30 clock-hours of field-based experiences while school is still in session.

Approval Process

The proposed changes to §228.10 would clarify in new subsection (a) that public university programs must have an approved degree plan from the Texas Higher Education Coordinating Board prior to applying to be an approved educator preparation program. Language would be added in subsection (b) to specify the program components to be incorporated into a proposal. Subsection (c) would be modified to delete the reference to the Texas State Partnership since it is a voluntary national accreditation process with standards that are not the same as the state. In addition, language would be added to specify that an entity approved by the SBEC before September 1, 2008, would be required to submit a status report and be reviewed at least once every five years, and that an entity approved after August 31, 2008, would be approved only for a term of 10 years and must reapply every 10 years thereafter. Proposed new subsection (d) would incorporate into rule the process for alternative certification programs to add a clinical teaching component. Language in subsection (e) would be amended to specify the requirements for adding additional certification fields and new classes of certificates. Proposed new subsection (f) would be added to require SBEC approval for new program locations. Also, current subsection (e) would be repealed since this provision is incorporated in proposed changes to §228.10.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §228.10 has been modified to allow in subsection (e)(1) that an "accredited" educator preparation program may submit a modified curriculum matrix for adding a certification field when the SBEC changes the grade level of a certificate if the educator preparation program was previously approved by the SBEC for the certification field of a similar grade level.

Governance of Educator Preparation Programs

Language in §228.20 would be amended in subsection (a) to allow an educator preparation program to be delivered by identified providers. Language in subsection (b) would be amended to specify a minimum requirement of at least two advisory meetings during the academic year to promote collaboration with the school districts that the educator preparation programs serve. In proposed new subsections (d) and (e), language would be added to ensure communication, clarity, and intent of programs.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §228.20 has been modified to add the word "or" in subsection (b) for clarification, and also provide in subsection (b) that the advisory committee must include members representing as many as possible of the groups identified as collaborators in that subsection.

Educator Preparation Curriculum

The proposed amendment to §228.30 would include reorganizing provisions in current subsections (a), (b), and (c) to other sections for clarification. Also, proposed new subsection (b) would be added to specify that the curriculum listed refers to programs for candidates seeking initial certification, and add language to provide specificity to the rule to ensure more consistency among the programs in the state.

Preparation Program Coursework and/or Training

Proposed new §228.35 would establish minimum preparation program coursework and/or training requirements. Language is proposed in new subsection (a) that would clarify coursework and/or training requirements for initial teacher certification and specify that all educator preparation programs in the state require a minimum of 300 clock-hours of training. Language in proposed new subsection (b) would be added to set out the coursework and/or training requirements for professional certification. In proposed new subsection (c), language would be added to allow for greater flexibility by permitting the required training to be done within a reasonable time in order to allow the district to hire a candidate on short notice, and language would be added to clarify that "late hire" refers to a candidate for a teaching position. Proposed new subsection (d) would set out the different types of field experiences that may be available through a program and establish the expectations for each type of experience. Proposed new subsection (e) would add the requirement that each new educator preparation program candidate be assigned a campus mentor and the requirement that a program provide training for the mentor. In proposed new subsection (f), language would be added to provide specificity for program supervision with minimum formal observations each semester to ensure support and instructional feedback.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in proposed new §228.35 has been modified in proposed new subsection (a)(5) to specify 50 clock-hours of training may be provided by a school district; to add in proposed new subsection (c)the phrase, "within 90 school days," for clarification; and to clarify in proposed new subsection (d)(2)(C)(i)(III) that authorized internships or teaching experiences completed through Head Start programs must be affiliated with a public school. Language has also been modified in proposed new subsection (f) to specify that two formal observations must be completed during the first semester and one formal observation must be completed during the second semester since a campus administrator also conducts at least one observation.

Assessment and Evaluation of Candidates for Certification and Program Improvement

The proposed amendment to §228.40 would update terminology and specify that programs shall not grant test approval until after a candidate has been fully accepted into the program. Also, current subsections (c) and (e) would be removed since these provisions are included in other SBEC rules. In addition, language has been added in proposed new subsection (d) to specify a five-year record retention requirement for documents that evidence a candidate's completion of all program requirements.

Implementation Date

Language in §228.60 would be amended to specify that all educator preparation programs must implement the changes for all candidates entering into student teaching, clinical teaching, an internship, or practicum for the 2009-2010 school year.

In response to public comment received on the amendment to 19 TAC §232.5, Temporary Teacher Certificates, language has been added to §228.60 that would specify that provisions in 19 TAC Chapter 228, Requirements for Educator Preparation Programs, shall apply to §232.5, upon the effective date of the rule actions adopted in Chapter 228.

As a result of public input received at the May 2008 SBEC meeting and a June 12, 2008, stakeholder meeting, language in §228.60 has been modified to specify in proposed new subsection (b) that 380 clock-hours of training would be required as included in the amendment to §232.5, Temporary Teacher Certificates.

Technical Changes

Throughout Chapter 228, numerous grammatical and technical changes are proposed, such as the term "Board" would be replaced by the term "State Board for Educator Certification." Also, statutory citation references would be updated and standardized to reflect current law and Texas Register formatting requirements. Sections would also be restructured for consistency and readability.

Regarding procedural and reporting implications for the proposed rule actions, educator preparation programs would be responsible for tracking the educator preparation program requirements for each educator preparation program candidate. The proposed rule actions would include an additional locally maintained paperwork requirement. Specifically, the proposed amendment to §228.40 would require in new subsection (d) that an educator preparation program retain documents relating to a candidate's completion of all program requirements for a period of five years after program completion.

Dr. Karen Loonam, deputy associate commissioner for educator certification and standards, has determined that for the first five-year period the proposed amendments and new section are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rule actions.

Dr. Loonam has determined that for the first five-year period the proposed amendments and new section are in effect the public benefit anticipated as a result of the proposed rule actions would be the development of clear, minimum educator preparation program requirements that would ensure educators are prepared to positively impact the performance of the diverse student population of this state. There is no anticipated economic cost to persons who are required to comply with the proposed amendments and new section.

The proposed amendments and new section may have an unknown economic cost for some educator preparation programs as a result of enforcing or administering the proposed rule actions. Educator preparation programs that are not already meeting the proposed new minimum preparation standards may have additional costs, such as an increase in staffing for supervision of program candidates and costs related to additional training hour requirements. The majority of educator preparation programs already meet the proposed new minimum standards and would have no additional economic costs as a result of the proposed rule actions.

There may be an anticipated economic impact for small businesses and microbusinesses that serve as educator preparation entities with alternative certification programs. It is estimated that the proposed rule actions will affect between 1-100 small businesses and 1-100 microbusinesses (businesses with 20 or fewer employees). The projected economic impact will be for compliance costs, such as an increase in staffing for supervision of program candidates and additional training hour requirements.

Minimizing the economic impact on small businesses and/or microbusinesses is not a viable option since it would cause the health, safety, and environmental and economic welfare of the state to not be protected; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed amendments and new section submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Dr. Karen Loonam, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The amendments and new section are proposed under the 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; §21.044, which authorizes the SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program and specify the minimum academic qualifications required for a certificate; §21.045(a), which authorizes the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs based on information that is disaggregated with respect to sex and ethnicity and that includes results of the certification examinations prescribed under TEC, §21.048(a), and performance based on the appraisal system for beginning teachers adopted by the SBEC; §21.050(a), which specifies that 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 TEC, Chapter 28, Subchapter A; and §21.051, which authorizes the SBEC to propose rules providing flexible options for persons for any field experience or internship required for certification.

The proposed amendments and new section implement the TEC, §§21.031(a); 21.044; 21.045(a); 21.050(a); and 21.051.

§228.1.General Provisions.

(a) To ensure the highest level of educator preparation and practice, the State Board for Educator Certification (SBEC) recognizes that the preparation of educators must be the joint responsibility of [both] educator preparation programs and the Early Childhood [Prekindergarten ]-Grade 12 public and private schools of Texas. Collaboration in the development, delivery, and evaluation of educator preparation is [will be] required.

(b) Consistent with the Texas Education Code, [ (TEC) §21.047 and] §21.049, the SBEC's rules governing educator preparation are designed to promote flexibility and creativity in the design of educator preparation programs[, including Centers for the Professional Development of Teachers and alternative routes to certification,] to accommodate the unique characteristics and needs of different regions of the state [State] as well as the diverse population of potential educators.

(c) All educator preparation programs are [will be ] subject to the same standards of accountability [ performance], as required under Chapter 229 of this title (relating to [the] Accountability System for Educator Preparation).

§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, September 1 through August 31.

[(1) Ongoing experiences--experiences that are continued and built upon throughout the entire preparation program of study.]

[(2) Relevant experiences--experiences that directly relate to the certificate sought.]

[(3) Field-based experiences--experiences in which the primary activity of a candidate for certification is the performance of professional educator activities while interacting with pre-kindergarten-Grade 12 students and teachers and entity faculty/staff members in a school-related setting. The professional activities include more than observation within a classroom. The interaction with students, teachers, and entity faculty/staff must be ongoing and relevant.]

[(4) Teaching practicum--supervised student teaching or internship with related duties and responsibilities.]

(2) [(5)] Alternative certification program--An [an] approved educator preparation program, delivered by entities described in §228.20(a) of this title (relating to Governance of Educator Preparation Programs) [ chapter], specifically designed as an alternative to a traditional undergraduate certification program, for individuals already holding at least a baccalaureate degree.

(3) Candidate--A participant in an educator preparation program seeking certification.

(4) Clinical teaching--A 12-week full-day teaching practicum in an alternative certification program at a public school accredited by the Texas Education Agency (TEA) or a TEA-recognized private school that may lead to completion of a standard certificate.

(5) Clock-hours--Fifteen clock-hours at an accredited university is equal to one semester credit hour.

(6) Cooperating teacher--The campus-based mentor teacher for the student teacher or clinical teacher.

(7) Educator preparation program--An entity approved by the State Board for Educator Certification (SBEC) to recommend candidates in one or more educator certification fields.

(8) Entity--The legal entity that is approved to deliver an educator preparation program.

(9) Field-based experiences--Face-to-face experiences in which the primary activity of a candidate for certification is the performance of professional educator activities while interacting with Early Childhood-Grade 12 students, teachers, and faculty/staff members in a school setting that is part of regular classroom instruction. The professional activities include more than observation within a classroom. The interaction with students, teachers, and entity faculty/staff must be ongoing and relevant.

(10) Field supervisor--A certified educator, hired by the educator preparation program, who preferably has advanced credentials, to observe candidates, monitor his or her performance, and provide constructive feedback to improve his or her professional performance.

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

(12) Internship--A one-year supervised professional assignment at a public school accredited by the TEA or a TEA-recognized private school that may lead to completion of a standard certificate.

(13) Late hire--An individual who has been accepted into an educator preparation program and hired for a teaching assignment by a school after June 15 or after the school's academic year has begun.

(14) Mentor--For a classroom teacher, a certified educator assigned by the campus administrator who has completed mentor training; who guides, assists, and supports the beginning teacher in areas such as planning, classroom management, instruction, assessment, working with parents, obtaining materials, district policies; and who reports the beginning teacher's progress to that teacher's educator preparation program.

(15) Pedagogy--The art and science of teaching, incorporating instructional methods that are developed from scientifically-based research.

(16) Practicum--Practical work in a particular field; refers to student teaching, clinical teaching, internship, or practicum for a professional certificate that is in the school setting.

(17) Student teaching--A 12-week full-day teaching practicum in a program provided by an accredited university at a public school accredited by the TEA or a TEA-recognized private school that may lead to completion of a standard certificate.

(18) [(6)] Teacher of record--An [ an] educator employed by a school district who teaches the majority of the instructional day [at least one class period] in an academic instructional setting and is responsible for evaluating student achievement and assigning grades.

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

(20) 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.

§228.10.Approval Process.

(a) Approval to Operate. A public institution of higher education must provide documentation to the Texas Education Agency (TEA) from the Texas Higher Education Coordinating Board (THECB) of approval to operate in Texas prior to submitting a proposal to offer an educator preparation and/or alternative certification program.

(b) [(a)] New Entity Approval. An entity [Entities] seeking initial approval to deliver an educator preparation program shall submit an application and [a] proposal [in accordance with guidelines established by the Texas Education Agency (TEA) staff,] with evidence indicating the ability to comply with the provisions of this chapter and Chapter 227 of this title (relating to Provisions for Educator Preparation Candidates [ Students]). The proposal shall include the following program approval components: entity commitment to adequate preparation of certification candidates, program standards, and community collaboration; criteria for admission to an educator preparation program; curriculum; program delivery and evaluation; and a plan for ongoing support of the candidates. The proposal must also identify the certificates proposed to be offered by the entity and meet applicable federal statutes or regulations. The proposal will be reviewed [under procedures approved] by the TEA staff and a pre-approval site visit will be conducted.[, and the] The TEA staff shall recommend to the State Board for Educator Certification (SBEC) whether the entity should be approved [or denied accreditation pursuant to §229.3(c) of this title (relating to The Accreditation Process)].

(c) [(b)] Continuing Entity Approval. An entity [Entities] approved by the SBEC under this chapter prior to September 1, 2008, shall be reviewed at least once every five years under procedures approved by the TEA staff; however, a review may be conducted at any time at the discretion of the TEA staff. At the time of the review, the entity shall submit to the SBEC a status report regarding its compliance with existing standards for educator preparation programs and the entity's original proposal. An entity approved by the SBEC under this chapter after August 31, 2008, shall be approved for a term of ten years and must reapply every ten years thereafter for approval by the SBEC in the same manner as a new educator preparation program seeking approval. [Entities accredited under a Texas State Partnership Agreement with a national accrediting body shall be considered to have met the cyclical review requirements, unless the TEA staff determines that a review is appropriate.]

(d) Approval of Clinical Teaching for an Alternative Certification Program. 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 the TEA staff:

(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 mentor teachers;

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

(5) description of program supervision; and

(6) description of how candidates are evaluated.

(e) [(c)] Addition of Certificate Fields.

(1) An educator preparation program that is rated "accredited," as provided in §229.3 of this title (relating to The Accreditation Process), [Preparation programs which are fully accredited] may request additional certificate fields be approved by TEA staff, by submitting [ appropriate documentation to meet] the curriculum matrix; a description of how the standards for Texas educators are incorporated into the educator preparation program; and documentation showing that the program has the staff knowledge and expertise to support individuals participating in each certification field being requested [and staff support criteria established by the TEA staff]. The curriculum matrix must include the standards, framework competencies, applicable Texas Essential Knowledge and Skills, course and/or module names, and the benchmarks or assessments used to measure successful program progress. An educator preparation program rated "accredited," as provided in §229.3 of this title, and currently approved to offer a content area certificate for which the SBEC is changing the grade level of the certificate may request to offer the preapproved content field at different grade levels by submitting a modified curriculum matrix that includes the standards, course and/or module names, and the benchmarks or assessments used to measure successful program progress. The requested additional certificate fields must be within the classes of certificates for which the educator preparation program has [ entities have] been previously approved by the SBEC. An educator preparation program that is not rated "accredited" may not apply to offer additional certificate fields or classes of certificates.

(2) An educator preparation program that is rated "accredited" [Preparation programs which are fully accredited] may request the addition of certificate fields in a class of certificates that has not been previously approved by the SBEC, but [ . Under guidelines established by the TEA staff, the entity] must present a full proposal for consideration and approval by the SBEC.

[(3) For purposes of this section, "TEA staff" means staff of the Texas Education Agency assigned by the commissioner of education to perform the SBEC's administrative functions and services.]

(f) Addition of Program Locations. An educator preparation program that proposes to provide educator preparation in a different geographic location from that contained in its approved proposal shall present a new proposal for consideration and approval by the SBEC that includes provisions for meeting all program requirements at the new location.

(g) [(d)] Contingency of Approval. Approval of all educator preparation programs by the SBEC or by the TEA staff, including each specific certificate field, is contingent upon approval by other lawfully established governing bodies, such as the THECB [Texas Higher Education Coordinating Board], boards of regents, or school district boards of trustees. Continuing educator preparation program approval is contingent upon compliance with superseding state and [or] federal law [or both].

[(e) Denial of Approval. Entities that fail to meet the requirements of this chapter; Chapter 227 of this title; or Chapter 229 of this title (relating to Accountability System for Educator Preparation), will not be approved to deliver educator preparation.]

§228.20.Governance[, Design, and Delivery] of Educator Preparation Programs.

(a) Preparation for the certification of educators may [shall] be delivered by an institution [ institutions] of higher education, regional education service center [centers], public school district [ districts], or other entity [entities] approved by the State Board for Educator Certification (SBEC) [ Board] under §228.10 of this title (relating to Approval Process).

(b) The preparation of educators shall be a collaborative effort among public schools accredited [public schools] by the Texas Education Agency (TEA) and/or TEA-recognized private schools[, as defined by Chapter 230, Subchapter Y of this title (relating to Definitions)]; regional education service centers; institutions of higher education; and/or [and] business and community interests; and shall be delivered in cooperation with public schools accredited by the TEA [public schools] and/or TEA-recognized private schools. An advisory committee with members representing as many as possible of the groups identified as collaborators in this subsection [ each of the above] shall assist in the design, delivery, evaluation, and major policy decisions of the educator preparation program. The approved educator preparation program [entity ] shall approve the roles and responsibilities of each member of the advisory committee and shall meet a minimum of twice during each academic year.

(c) The governing body and chief operating officer of an entity approved to deliver educator preparation [ Executives at the entities' highest levels] shall provide sufficient support [for educator preparation] to enable the educator preparation program [all programs] to meet all standards set by the SBEC , and shall be accountable for the quality of the educator preparation program [programs] and the candidates whom the program recommends [recommended ] for certification.

(d) All educator preparation programs must be implemented as approved by the SBEC as specified in §228.10 of this title. An approved educator preparation program may not expand to other geographic locations without prior approval of the SBEC.

(e) Proposed amendments to an educator preparation program shall be submitted to the TEA staff and approved prior to implementation. Significant amendments, related to the five program approval components specified in §228.10(b) of this title, must be approved by the SBEC.

§228.30.Educator Preparation Curriculum.

(a) The educator standards adopted by the State Board for Educator Certification (SBEC) [board] shall be the curricular basis for all educator preparation and, for each certificate, address the relevant Texas Essential Knowledge and Skills (TEKS). [knowledge and skills adopted by the State Board of Education pursuant to the Texas Education Code (TEC) §28.002(c) -(d). In addition, the preparation of all candidates for certification must include the specified requirements for reading instruction adopted by the Board for each certificate. Entities shall ensure that all preparation, including field-based experiences, comply with this subsection. ]

(b) The curriculum for each educator preparation program shall rely on scientifically-based research to ensure teacher effectiveness and align to the TEKS. The following subject matter shall be included in the curriculum for candidates seeking initial certification:

(1) the specified requirements for reading instruction adopted by the SBEC for each certificate;

(2) the code of ethics and standard practices for Texas educators, pursuant to Chapter 247 of this title (relating to Educators' Code of Ethics);

(3) child development;

(4) motivation;

(5) learning theories;

(6) TEKS organization, structure, and skills;

(7) TEKS in the content areas;

(8) state assessment of students;

(9) curriculum development and lesson planning;

(10) classroom assessment for instruction/diagnosing learning needs;

(11) classroom management/developing a positive learning environment;

(12) special populations;

(13) parent conferences/communication skills;

(14) instructional technology;

(15) pedagogy/instructional strategies;

(16) differentiated instruction; and

(17) certification test preparation.

[(b) Educator preparation entities shall provide evidence of on-going and relevant field-based experiences throughout the program, as determined by the collaborative, in a variety of educational settings with diverse student populations, including observation, modeling, and demonstration of promising practices to improve student learning.]

[(c) Prior to issuance of the Standard Certificate under Chapter 232, Subchapter A of this title (relating to the Types and Classes of Certificates Issued), the preparation program shall require all candidates for certification to complete a field-based practicum in the area and at the level for which the certificate is sought.]

[(1) Undergraduate teacher certification candidates, shall complete a minimum of 12 weeks of full-day teaching practicum. Supervision shall be conducted with the structured guidance and regular ongoing support of an experienced educator who has been trained as a mentor.]

[(2) Alternative routes to teacher certification shall provide a field-based practicum or internship that allows the candidate either to serve as teacher of record on a probationary certificate, in accordance with the conditions and requirements stipulated in §232.4 of this title for at least one school year, or to complete a teaching practicum comparable to that required in an undergraduate teacher certification program as described in this section. The internship shall include high quality professional development that is sustained, intensive, and classroom focused. Supervision shall be conducted with the structured guidance and regular ongoing support of an experienced educator who has been trained as a mentor.]

[(3) Programs preparing candidates for classes of certificates other than classroom teacher shall provide either a supervised field-based practicum or an internship that allows the candidate to serve as an educator on a probationary certificate in accordance with the conditions and requirements stipulated in §232.4 of this title, for candidates to develop and to demonstrate the knowledge and skills related to the certificate sought.]

§228.35.Preparation Program Coursework and/or Training.

(a) Coursework and/or Training for Candidates Seeking Initial Certification.

(1) An educator preparation program shall provide coursework and/or training to ensure the educator is effective in the classroom.

(2) Professional development should be sustained, intensive, and classroom focused.

(3) An educator preparation program shall provide each candidate with a minimum of 300 clock-hours of coursework and/or training that includes the following:

(A) 30 clock-hours of field-based experience to be completed prior to student teaching, clinical teaching, or internship;

(B) 80 clock-hours of training prior to student teaching, clinical teaching, or internship; and

(C) six clock-hours of test preparation.

(4) All coursework and training shall be completed prior to educator preparation program completion and standard certification.

(5) With appropriate documentation, 50 clock-hours of training may be provided by a school district and/or campus that is an approved Texas Education Agency (TEA) continuing professional education provider.

(6) Each educator preparation program must develop and implement specific criteria and procedures that allow candidates to substitute experience and/or professional training directly related to the certificate being sought for part of the educator preparation requirements.

(b) Coursework and/or Training for Professional Certification (i.e. superintendent, principal, school counselor, school librarian, educational diagnostician, reading specialist, and/or master teacher). An educator preparation program shall provide coursework and/or training to ensure that the educator is effective in the professional assignment. An educator preparation program shall provide a candidate with a minimum of 200 clock-hours of coursework and/or training that is directly aligned to the state standards for the applicable certification field.

(c) Late Hires. A late hire for a teaching position shall complete 30 clock-hours of field-based experience as well as 80 clock-hours of initial training within 90 school days of assignment.

(d) Educator Preparation Program Delivery. An educator preparation entity shall provide evidence of on-going and relevant field-based experiences throughout the educator preparation program, as determined by the advisory committee as specified in §228.20 of this title (relating to Governance of Educator Preparation Programs), in a variety of educational settings with diverse student populations, including observation, modeling, and demonstration of effective practices to improve student learning.

(1) For initial certification, each educator preparation program shall provide field-based experience, as defined in §228.2 of this title (relating to Definitions), for a minimum of 30 clock-hours. The field-based experience must be completed prior to assignment in an internship, student teaching, clinical teaching, or practicum.

(2) For initial certification, each educator preparation program shall also provide one of the following:

(A) student teaching, as defined in §228.2 of this title, for a minimum of 12 weeks;

(B) clinical teaching, as defined in §228.2 of this title, for a minimum of 12 weeks; or

(C) internship, as defined in §228.2 of this title, for a minimum of one academic year (or 180 school days) for the assignment that matches the certification field for which the individual is accepted into the educator preparation program. The individual would hold a probationary certificate and be classified as a "teacher" as reported on the campus Public Education Information Management System (PEIMS) data. An educator preparation program may permit an internship of up to 30 school days less than the minimum if due to maternity leave, military leave, illness, or late hire date.

(i) An internship, student teaching, or clinical teaching for an Early Childhood-Grade 4 and Early Childhood-Grade 6 candidate may be completed at a Head Start Program with the following stipulations:

(I) the Head Start program is participating in either the School Readiness Integration (SRI) or the Texas Early Education Model (TEEM);

(II) a certified teacher is available as a trained mentor;

(III) the Head Start program is affiliated with a public school accredited by the TEA;

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

(V) the state's pre-kindergarten curriculum guidelines are being implemented.

(ii) An internship, student teaching, or clinical teaching experience may not be held in a distance learning lab setting.

(3) For candidates seeking professional certification as a superintendent, principal, school counselor, school librarian, or an educational diagnostician, each educator preparation program shall provide a practicum, as defined in §228.2 of this title, for a minimum of 160 clock-hours.

(e) Campus Mentors and Cooperating Teachers. In order to support a new educator and to increase teacher retention, an educator preparation program shall collaborate with the campus administrator to assign each candidate a campus mentor during his or her internship or assign a cooperating teacher during the candidate's student teaching or clinical teaching experience. The educator preparation program is responsible for providing mentor and/or cooperating teacher training that relies on scientifically-based research, but the program may allow the training to be provided by a school district, if properly documented.

(f) On-Going Educator Preparation Program Support. Supervision of each candidate shall be conducted with the structured guidance and regular ongoing support of an experienced educator who has been trained as a field supervisor. The initial contact with the assigned candidate must occur within the first three weeks of assignment. The program must provide a minimum of two formal observations during the first semester and one formal observation during the second semester. Each observation must be at least 45 minutes in duration and must be conducted by the field supervisor. The first observation must occur within the first six weeks of assignment. The field supervisor shall document instructional practices observed, provide written feedback through an interactive conference with the candidate, and provide a copy of the written feedback to the candidate's campus administrator. Informal observations and coaching shall be provided by the field supervisor as appropriate.

§228.40.Assessment and Evaluation of Candidates for Certification and Program Improvement.

(a) To ensure [assure] that a candidate for educator [candidates for ] certification is [are] prepared to receive the standard certificate, the entity [ Standard Certificate, entities] delivering educator preparation shall establish benchmarks and structured assessments of the candidate's progress throughout the educator preparation program.

(b) An [Entities delivering] educator preparation program shall determine the readiness of each candidate [its candidates] to take the appropriate certification assessment(s), including assessments of knowledge of content, pedagogy and professional responsibilities [development ], and professional ethics and standards of conduct. An educator preparation program shall not grant test approval until a candidate has met all of the requirements for admission to the program and has been fully accepted into the educator preparation program.

[(c) Entities shall not recommend individuals to enter an induction period unless those individuals hold at least the baccalaureate degree, unless specifically exempted in rules adopted by the board.]

(c) [(d)] For the purposes of educator preparation program improvement, an entity [ entities] shall continuously evaluate the design and delivery of the educator preparation curriculum based on performance data, scientifically-based research [research-based promising ] practices, and the results of internal and external assessments.

(d) An educator preparation program 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 program completion.

[(e) Entities shall regularly and substantively participate in induction efforts for beginning educators. Observations and results from this participation shall be used in the evaluations conducted under subsection (d) of this section.]

§228.50.Professional Conduct.

During the period of preparation, the educator preparation entity shall ensure that the individuals preparing candidates and the candidates themselves demonstrate adherence to Chapter 247 of this title (relating to Educators' Code of Ethics [and Standard Practices for Texas Educators]).

§228.60.Implementation Date.

(a) All approved educator preparation programs must implement this chapter for all candidates participating in clinical teaching, student teaching, internship, or practicum for the 2009-2010 school year. [Not later than January 1, 2000, all approved educator preparation programs shall affirm compliance with the provisions of this chapter under procedures approved by the executive director.]

(b) All provisions in this chapter shall apply to §232.5 of this title (relating to Temporary Teacher Certificates) upon the effective date of the rule actions adopted in this chapter, except that a certificate issued under §232.5 of this title shall require 380 total clock-hours of training.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804279

Karen Loonam

Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: September 21, 2008

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

SUBCHAPTER G. CERTIFICATION REQUIREMENT FOR CLASSROOM TEACHERS

19 TAC §230.191

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The State Board for Educator Certification (SBEC) proposes the repeal of §230.191, concerning certification requirement for classroom teachers. The section establishes a provision for preparation required in all programs. The proposed repeal would remove this provision for preparation required in all programs from rule.

The Texas Education Code (TEC), §21.031, states that the SBEC is established to oversee all aspects of the certification and continuing education of public school educators and to 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 proposed repeal of 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter G, Certification Requirement for Classroom Teachers, §230.191, Preparation Required in All Programs, is necessary since the program preparation requirements in this rule have been incorporated into the proposed revisions to 19 TAC Chapter 228, Requirements for Educator Preparation Programs, or have an expiration date in rule of September 1, 2007. The proposed revisions to 19 TAC Chapter 228 can be found in the Proposed Rules section of this issue

Dr. Karen Loonam, deputy associate commissioner for educator certification and standards, has determined that for each year of the first five years the proposed repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed repeal.

Dr. Loonam has determined that for the first five-year period the proposed repeal is in effect the public benefit anticipated as a result of the proposed repeal would be the development of clear, minimum educator preparation program admission criteria that would ensure educators are prepared to positively impact the performance of the diverse student population of this state. There is no anticipated economic cost to persons who are required to comply with the proposed repeal.

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.

Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to sbecrules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed repeal submitted under the Administrative Procedure Act must be received by the Department of Educator Quality and Standards, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, Attention: Dr. Karen Loonam, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The repeal is proposed under the 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; §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; and §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid.

The proposed repeal implements the TEC, §21.031(a) and §21.041(b)(1), (2), and (3).

§230.191.Preparation Required in All Programs.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on August 11, 2008.

TRD-200804280

Karen Loonam

Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency

State Board for Educator Certification

Earliest possible date of adoption: September 21, 2008

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