PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 232. GENERAL CERTIFICATION PROVISIONS
The State Board for Educator Certification (SBEC) adopts amendments to §§232.1 - 232.3, 232.6, 232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 232.870 - 232.872, 232.880, and 232.890 and the repeal of §232.900, concerning general certification provisions. The amendments to §§232.1 - 232.3, 232.6, 232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 232.870 - 232.872, 232.880, and 232.890 and the repeal of §232.900 are adopted without changes to the proposed text as published in the February 1, 2008, issue of the Texas Register (33 TexReg 828) and will not be republished.
The Texas Education Code (TEC), §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B. The TEC, §21.031, authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of the state.
The SBEC adopted the following changes to 19 TAC Chapter 232 to update the rules to reflect current law and add specificity to the requirements relating to types and classes of certificates issued, certificate renewal, and continuing professional education requirements. The adopted changes also clarify the requirements for the renewal of certificates and classroom assignments.
Language has been revised in §§232.1(b), 232.800(h), 232.830(b)(2), and 232.830(e) to add that voluntary surrender of a certificate will be in lieu of revocation.
Language has been revised in §232.2(b)(5) and §232.3(c)(2) to remove specification of the types of master teacher certificates in order to avoid additional amendments to the rules if new master teacher certificate areas are added.
Language has been revised in §232.3(f) to provide that certification examinations can be recommended to the SBEC.
Adopted amendment to §232.3(h) adds a definition for Texas Education Agency (TEA) staff.
Language has been amended in §232.810 to remove subsections (b) and (c) as they are no longer applicable.
Section 232.820 has been changed by adding new subsection (c) to specify that the expiration date for a certificate issued to the holder of an educational aide certificate who obtains a standard classroom teaching certificate will be based on the issuance date of the classroom teaching certificate.
Language has been revised in §232.830(a)(1) to add that the mailing address used to notify educators will be specified in rule.
Language has been revised in §232.860(2) to specify that an accredited institution of higher education must be recognized by the Texas Higher Education Coordinating Board.
Language has been revised in §232.860(7) that clarifies that the mentoring will be mentoring of another educator.
Language has been revised in §232.870 to remove subsection (a)(8) to clarify that pre-approved providers will not include private companies, private entities, and individuals.
Section 232.900 has been repealed since it is obsolete.
Changes to Comply with Senate Bill (SB) 9, 80th Texas Legislature, 2007
As a result of passage of SB 9, language has been added to §232.6(b)(7) and §232.830(b)(8) to require that an individual submit fingerprints in accordance with the TEC, §22.0831.
Technical Changes
Throughout Chapter 232, numerous grammatical and technical changes have been made, such as replacing the term "Executive Director" with the term "TEA staff" and replacing the term "Board" with the term "State Board for Educator Certification." Also, statutory citation references have been updated and standardized to reflect current law and Texas Register formatting requirements.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
Following the January 2008 SBEC meeting, the proposed revisions to 19 TAC Chapter 232 were filed with the Texas Register initiating the official public comment period. The following comment was received regarding the proposed revisions.
Comment: An individual commented that the rules should be amended to allow a person who has (1) received a letter of completion for a bachelor's degree from a college or institution of higher education; (2) passed the Examination for the Certification of Educators in Texas (ExCET) tests in his or her field or area; and (3) completed all coursework towards a bachelor's degree to apply for a probationary or temporary teaching certificate until the degree is conferred in the next graduation period. The individual described her personal situation in which she was unable to be hired as a teacher, while waiting for her degree to be conferred, even though she had completed all coursework and passed all ExCET tests. The individual further stated that an applicant should be allowed to substitute a letter from a university stating that the applicant had met all degree requirements for the actual bachelor's degree that is currently required.
Board Response: The SBEC disagreed and took action to adopt, subject to State Board of Education (SBOE) review, the rules as published as proposed. The degree requirement standard should not be changed from the current standard. Until a university has conferred a degree, there is no assurance that the degree will be granted. The best evidence that a degree has been earned is the degree itself. Supporting documentation other than the degree could be subject to some form of contingency. The TEA staff has determined that if such a rule change were to be made, the change would need to be made to 19 TAC Chapter 230, Professional Educator Preparation and Certification, §230.481, General Provisions, which contains the requirement for a bachelor's degree.
The SBOE took no action on the review of the amendments to 19 TAC §§232.1 - 232.3, 232.6, 232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 232.870 - 232.872, 232.880, and 232.890 and the repeal of §232.900 at the May 23, 2008, SBOE meeting.
SUBCHAPTER A. TYPES AND CLASSES OF CERTIFICATES ISSUED
The amendments are adopted under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(5), which requires the SBEC to propose rules that provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to the TEC, §21.052; §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements.
The adopted amendments implement the TEC, §§21.003(a), 21.031, 21.041(b)(1) - (5) and (9).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 2, 2008.
TRD-200802822
Karen Loonam
Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 22, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 475-1497
19 TAC §§232.800, 232.810, 232.820, 232.830, 232.840, 232.850, 232.860, 232.870 - 232.872, 232.880, 232.890
The amendments are adopted under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031(a), which states that the State Board for Educator Certification (SBEC) is established to recognize public school educators as professionals and to grant educators the authority to govern the standards of their profession, and 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; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; and §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements.
The adopted amendments implement the TEC, §§21.003(a), 21.031(a), 21.041(b)(1) - (3) and (9).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 2, 2008.
TRD-200802823
Karen Loonam
Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 22, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 475-1497
The repeal is adopted under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031(a), which states that the State Board for Educator Certification (SBEC) is established to recognize public school educators as professionals and to grant educators the authority to govern the standards of their profession, and 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; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; and §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements.
The adopted repeal implements the TEC, §§21.003(a), 21.031(a), 21.041(b)(1) - (3) and (9).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 2, 2008.
TRD-200802824
Karen Loonam
Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 22, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 475-1497
19 TAC §§233.1 - 233.9, 233.11 - 233.14
The State Board for Educator Certification (SBEC) adopts amendments to §§233.1 - 233.9 and 233.11 - 233.14, concerning categories of classroom teaching certificates. The amendments are adopted without changes to the proposed text as published in the February 1, 2008, issue of the Texas Register (33 TexReg 837) and will not be republished. The adopted amendments to §§233.1 - 233.9 and 233.11 - 233.14 update the rules to reflect current law and clarify the appropriate certification for specific assignment eligibility for the holders of the Early Childhood-Grade 4, Early Childhood-Grade 6, Grades 4-8, Grades 8-12, and Early Childhood-Grade 12 certificates.
The Texas Education Code (TEC), §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B. The TEC, §21.031(b), 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 the state.
The SBEC rules in 19 TAC Chapter 233 establish the general categories of classroom teaching certificates, specific grade levels and subject areas of classroom certificates, and assignments that may be taught by the holder of each certificate.
The SBEC adopted amendments to 19 TAC Chapter 233 that clarify the categories and requirements for classroom teaching certificates, including changes to 19 TAC §233.1, General Authority, that specify the applicable requirements to be issued a certificate, such as the passing of an examination. The following adopted changes also establish certificates for Bilingual Generalist: Early Childhood-Grade 6 in 19 TAC §233.6 and English as a Second Language Generalist: Early Childhood-Grade 6 in 19 TAC §233.7.
Language has been revised in §233.1(e) to clarify that a person seeking an initial certificate must pass the appropriate grade level of pedagogy and professional responsibility certification examination in addition to passing the appropriate content subject examination(s) for the certification sought. Language has also been added in subsection (e) that authorizes an educator to use a passing score on an examination to obtain a certificate within two years (rather than one year) after the elimination of the examination in the case of catastrophic illness of the educator or an immediate family member or due to an educator's military service.
Language has been revised in §233.1 to add subsection (f) to address technology applications. The adopted amendment allows the holder of a certificate valid for Grades 4-8 to teach technology applications in those grade levels.
Language has been modified in §233.2 to add technology applications to the list of subjects the holder of a Generalist: Early Childhood-Grade 4 or Generalist: Early Childhood-Grade 6 certificate can teach. The Texas Education Agency (TEA) staff have verified that the technology application standards are included in the Pedagogy and Professional Responsibilities Generalist: Early Childhood-Grade 4 certification examination.
As a result of issues raised regarding teaching assignments at the September 27, 2007, stakeholder meeting, the following changes are also adopted:
Language has been added to §233.3(d) to clarify that the English Language Arts and Reading: Grades 8-12 certificate holder may not teach Journalism and Speech courses. Following the stakeholder meeting, the TEA staff reviewed the English Language Arts and Reading: Grades 8-12 certification test standards and determined that none of the Journalism content knowledge and standards were addressed in the certification examination and only 10 percent of the examination addressed the Speech content knowledge and standards.
Language has been revised in §233.4(a) to include Algebra I for high school credit. Following the stakeholder meeting, the TEA staff reviewed the Mathematics: Grades 4-8 certification test standards and determined that 21 percent of the Algebra content knowledge and standards were addressed in the certification examination.
Language has been added to §233.12(g) to clarify that the Business Education: Grades 6-12 certificate holder may not teach Economics courses. Following the stakeholder meeting, the TEA staff reviewed the Business Education: Grades 6-12 certification test standards and determined that only four to seven percent of the Economics content knowledge and standards were addressed in the certification examination.
The section title for §233.5 has been revised to include computer science.
Technical Changes
Throughout Chapter 233, numerous grammatical and technical changes have been made. Also, statutory citation references have been updated and standardized to reflect current law and Texas Register formatting requirements.
There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
Following the January 2008 SBEC meeting, the proposed amendments to 19 TAC Chapter 233 were filed with the Texas Register initiating the official public comment period. The following comments were received regarding the proposed amendments.
Comment: The Texas Classroom Teachers Association (TCTA) commented that §233.1(e) should be further revised to establish a deadline of one year from the date the examination is eliminated, rather than one year from the date the applicant passed the eliminated examination, if applying for certification using an examination that has been eliminated. The TCTA stated that such a revision would make the provision more uniform and easier for the agency to enforce.
Board Response: The SBEC disagreed and took action to adopt, subject to State Board of Education (SBOE) review, the rule as published as proposed that specifies a fixed deadline. Section 233.1(e) provides notice to the educator that an application should be filed within one year of the date on which the applicant passed an examination.
Comment: Several individuals asked for clarification on whether the proposed amendment to §233.4(a), allowing an educator with a Mathematics: Grades 4-8 certificate to teach Algebra I for high school credit, will be extended to other subject areas.
Board Response: The SBEC offers the following clarification. The provision in §233.4(a) applies specifically to Algebra I because the Texas Essential Knowledge and Skills for Algebra I are contained in the content area examination for the Mathematics: Grades 4-8 certification. At this time, the TEA staff has no plans to recommend applying similar provisions to other subject areas. Extensive reviews of content area certification examinations would need to be conducted.
The SBOE took no action on the review of the amendments to 19 TAC §§233.1 - 233.9 and 233.11 - 233.14 at the May 23, 2008, SBOE meeting.
The amendments are adopted under the Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(6), which requires the SBEC to propose rules that provide for special or restricted certification of educators, including certification of instructors of American Sign Language.
The adopted amendments implement the TEC, §§21.003(a), 21.031, 21.041(b)(1), (2), (4), and (6).
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June 2, 2008.
TRD-200802825
Karen Loonam
Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency
State Board for Educator Certification
Effective date: June 22, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 475-1497