Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION
Chapter 232. GENERAL CERTIFICATION PROVISIONS
Subchapter A. TYPES AND CLASSES OF CERTIFICATES ISSUED
The State Board for Educator Certification (SBEC) proposes amendments to §232.4 and §232.5, relating to types and classes of certificates issued. The proposed amendments replace the earlier versions that were published as proposed in the February 1, 2008, issue of the Texas Register (33 TexReg 828), which have been withdrawn. Notice of the withdrawn amendments to §232.4 and §232.5 can be found in the Withdrawn Rules section of this issue. Like the earlier versions, the proposed amendments would clarify the requirements for probationary certificates and temporary teacher certificates. The new proposal also addresses special education assignment at the public middle or high school level (Grades 7-12) and training requirements for temporary teacher certificate holders.
The Texas Education Code (TEC), §21.003(a), states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B. The TEC, §21.031, authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state.
The Texas Education Agency (TEA) staff presented draft proposed changes to the SBEC at the July 2007 meeting and at the November 2007 meeting following a September 26, 2007, staff meeting with stakeholders. The SBEC took action at the January 2008 meeting to approve proposed revisions to 19 TAC Chapter 232 for filing as proposed with the Texas Register. Following the public comment period, the SBEC took action to adopt, subject to State Board of Education review, proposed revisions to 19 TAC Chapter 232 as published as proposed, with the exception of §232.4, Probationary Certificates, and §232.5, Temporary Teacher Certificates. The SBEC also took action to approve substitute rule text for §232.4 and §232.5 for filing as proposed.
Following is a description of the proposed amendments to §232.4 and §232.5.
Language would be revised in §232.4(a)(4) and (5) to provide for incorporation of requirements imposed by subsequent amendments to the No Child Left Behind Act (NCLB) into the rule. Also, a definition for Early Childhood would be added to §232.4(a).
Language would be revised in §232.4(c)(1) to clarify that a recognized regional accrediting organization would be as specified in 19 TAC Chapter 230, Subchapter Y. Language would also be added to include an accrediting organization recognized by the Texas Higher Education Coordinating Board (THECB). Also, the phrase, "or otherwise approved by a state department of education," would be deleted to ensure educators meet rigorous standards outlined by the accrediting agencies recognized by the THECB.
Language would be revised in §232.4(c)(3) and (d)(1) to remove reference to an alternative certification program.
Language would be revised in §232.4(c)(7) to further define public elementary school level as Early Childhood-Grade 6 and public middle or high school level as Grades 7-12. Language would be added in subsection (c)(7)(B) specifying that an educator would need to pass the appropriate content area certification examination to teach in Grades 7-12. Language would also be revised to specify that the upper division coursework would need to be in the subject taught.
Section 232.4 would be changed by adding new subsection (c)(8) to clarify the requirements for a probationary certificate in a special education assignment. The change being proposed in subsection (c)(8)(A) would specify the special education assignment requirements at the public elementary school level. The change being proposed in subsection (c)(8)(B) reflects action taken by the SBEC at its March 7, 2008, meeting that would require a teacher in a special education assignment at the public middle or high school level to pass the appropriate special education Early Childhood-Grade 12 examination and demonstrate content area mastery by either: (1) passing the appropriate content area certification examination, or (2) completing 24 college-level semester hours in the content area. This new change in subsection (c)(8)(B) replaces an earlier version, which has been withdrawn, after TEA staff discovered that the language was incorrect and would have been contrary to established practice.
Language would be revised in §232.4(d) to clarify that a probationary certificate would be for a 12-month period from the date of issuance. Language would also be amended in subsection (d)(2) to change from three school years to three 12-month periods the maximum term that an individual may be employed under a probationary certificate and to list the certificate(s) an individual would be required to hold during the time period.
Language in §232.5(f) reflects action taken by the SBEC at its March 7, 2008, meeting, after TEA staff determined that the training and support requirements should align with the requirements for educator preparation programs in 19 TAC Chapter 228. This new change being proposed would provide that coursework, mentoring, and training for a temporary teacher certificate holder would be the same as that required of an educator preparation program in Chapter 228. The earlier version, which has been withdrawn, would have retained training and support requirements currently in rule for temporary teacher certificate holders. A clerical correction is proposed to §232.5(i) in order to conform an existing cross-reference to reflect these changes.
Language would be amended in §232.5(j) that would clarify that the district has the option of recommending an individual for the standard certificate upon completion of all requirements.
Changes to Comply with Senate Bill (SB) 9, 80th Texas Legislature, 2007
As a result of passage of SB 9, changes are recommended to §232.4(c)(6) and §232.5(a)(4). Language would be added to require that an individual submit fingerprints in accordance with the TEC, §22.0831.
Technical Changes
Throughout §232.4 and §232.5, numerous grammatical and technical changes would be 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 would be updated and standardized to reflect current law and Texas Register formatting requirements.
Dr. Raymond Glynn, acting deputy commissioner for school district leadership and educator quality, has determined that for each year of the first five years the proposed amendments are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendments.
Dr. Glynn has determined that for each year of the first five years the proposed amendments are in effect the public benefit anticipated as a result of the proposed amendments would be ensuring that certified educators have the appropriate training and certificate to address the educational needs of students. There is no anticipated economic cost to persons who are required to comply with the proposed amendments.
No economic impact is anticipated for small businesses or 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 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. Raymond Glynn, not more than 15 calendar days after notice of the proposal has been published in the Texas Register.
The amendments are proposed under the TEC, §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041(b)(5), which requires the SBEC to propose rules that provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state or foreign country, subject to the TEC, §21.052; §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; §22.0831(c), which states that the SBEC shall review the national criminal history record information of a person who has not previously submitted fingerprints to the department or been subject to a national criminal history record information review; §22.0831(f), which allows the SBEC to propose rules establishing deadlines for a person to submit fingerprints and photographs in compliance with §22.0831, National Criminal History Record Information Review of Certified Educators; and sanctions for a person's failure to comply with the requirements of §22.0831, including suspension or revocation of a certificate or refusal to issue a certificate; and §22.0831(g), which requires the SBEC to establish a schedule for obtaining and reviewing the information a certified educator must provide the SBEC under §22.0831. Not later than September 1, 2011, the SBEC must obtain all national criminal history record information on all certified educators.
The proposed amendments implement the TEC, §§21.003(a); 21.031; 21.041(b)(1) - (5) and (9); and 22.0831(c), (f), and (g).
§232.4.Probationary Certificates.
(a) The following definitions apply, when used in this
section [chapter
], unless the rule or context in
which the word or phrase is used requires a different definition.
[:]
(1) ["] Alternative certification program--An [
" means an] educator preparation program that offers
an alternative route to certification as authorized under Chapter
228 of this title ( [,] relating to Requirements
for Educator Preparation Programs).
(2) ["] Core academic subject--[" means
] English, reading or language arts, mathematics, science,
foreign languages, civics and government, economics, history, geography,
or the arts.
(3) Early Childhood--Children ages 3-5.
(4) [(3)] High-quality professional
development--As [as] defined by the No Child
Left Behind Act of 2001, 20 United States Code (USC), §7801 (2001,
as amended) and its subsequent amendments, which includes,
but is not limited to, activities that are sustained, intensive, and
classroom-focused in order to have a positive and lasting impact on
classroom instruction; that advance the teacher's understanding of
effective instructional strategies; that are developed with participation
of teachers, principals, parents, and administrators; and that are
regularly evaluated for their impact on increased teacher effectiveness
and improved student academic achievement.
(5) [(4)] Mentoring--As [as
] defined under the No Child Left Behind Act of 2001, 20 USC [
U. S. C.], §7801 and its subsequent amendments,
which includes, but is not limited to, activities that consist
of structured guidance and regular ongoing support for beginning educators,
especially beginning teachers, as part of a developmental induction
process designed to assist educators [the educator]
in their professional growth and development. Beginning educator support
is to be provided by an experienced educator who has been trained
in mentoring.
(b) A probationary certificate may be issued for any class of certificate except educational aide.
(c) A probationary certificate may be issued to an individual who meets the conditions and requirements prescribed in this subsection.
(1) The individual must hold, unless otherwise approved by
the State Board for Educator Certification (SBEC) [SBEC
], at least a bachelor's degree from an institution of higher
education that, when the degree was conferred, was accredited by a
[or otherwise approved by a state department of education,]
recognized governmental organization; [, or]
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. [;]
(2) The individual must meet appropriate requirements
prescribed in §230.413 of this title
( [,] relating to General Requirements ). [
;]
(3) The individual must have been accepted to participate
in an approved Texas educator preparation [
alternative certification
] program and has been assigned to serve in the subject
area and at the grade level of certification sought.
[;]
(4) The individual must receive mentoring and high-quality
professional development that is sustained, intensive, and classroom-focused
prior to and throughout the assignment. [;]
(5) The individual must pay the fee prescribed in [by
] §230.436 of this title ( [,]
relating to Schedule of Fees for Certification Services). [Fees;
]
(6) The individual must submit fingerprints in accordance with §232.905(c) of this title (relating to Submission of Required Information) and the Texas Education Code (TEC), §22.0831.
[(6) The teacher in a core
academic subject in a program supported with funds under Title I,
Part A, of the No Child Left Behind Act of 2001, 20 U. S. C., §§6311-6339
must demonstrate mastery of each subject to be taught-]
[(A) at the public elementary school level, by passing the appropriate certification examination as prescribed in Chapter 230, Subchapter A, of this title, relating to Educator Assessment; or]
[(B) at the public middle or high school level,]
[(i) by passing the appropriate certification examination as prescribed in Chapter 230, Subchapter A, of this title, relating to Educator Assessment; or]
[(ii) have an academic major, graduate degree, or coursework equivalent to an academic major that complies with Section 21.050, Education Code , and comprises not fewer than 24 semester hours; and]
(7) The teacher in a core academic subject must demonstrate
mastery of each subject to be taught: [-]
(A) at the public elementary school level (Early
Childhood-Grade 6), by passing the appropriate certification
examination as prescribed in Chapter 230, Subchapter A, of this title
(relating to Assessment of Educators) [, relating to Educator
Assessment]; or
(B) at the public middle or high school level (Grades 7-12):
[,]
(i) by passing the appropriate content area certification
examination as prescribed in Chapter 230, Subchapter A, of this title[
, relating to Educator Assessment]; or
(ii) by completing [have] an
academic major, graduate degree, or coursework equivalent to an academic
major that complies with the TEC, §21.050 [Section
21.050, Education Code], and comprises not fewer than 24 semester
hours, including 12 semester hours of upper division coursework
in the subject taught.
(8) The teacher in a special education assignment must demonstrate mastery of each subject to be taught:
(A) at the public elementary school level (Early Childhood-Grade 6):
(i) by passing the appropriate certification examination as prescribed in Chapter 230, Subchapter A, of this title for the assignment; and
(ii) by passing a special education Early Childhood-Grade 12 examination; or
(B) at the public middle or high school level (Grades 7-12):
(i) by passing the appropriate content area certification examination as prescribed in Chapter 230, Subchapter A, of this title for the assignment or by completing an academic major, graduate degree, or coursework equivalent to an academic major comprised of not fewer than 24 semester hours, including 12 semester hours of upper division coursework in the subject taught; and
(ii) by passing a special education Early Childhood-Grade 12 examination.
(d) A probationary certificate shall be valid for a
12-month period [one calendar year
] from the date
of issuance, except as otherwise provided under this title.
(1) A certificate may be extended for no more than
two annual terms following expiration of the initial term. A probationary
certificate may be extended for an annual term only if the
Texas educator preparation [
alternative certification] program,
recommends extension and certifies that the holder
is making satisfactory progress toward standard certification.
(2) Without obtaining initial, standard certification, an individual may not serve for more than three 12-month periods while holding:
(A) probationary certificates as described in this subsection;
(B) emergency certificates as specified in §230.512 of this title (relating to Emergency Certificates); or
(C) one-year certificates as specified in Chapter 230, Subchapter O, of this title (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States) and Chapter 245 of this title (relating to Certification of Educators from Other Countries).
[(2) An individual may
not serve for more than three school years without obtaining initial,
standard certification.]
(e) The Texas Education Agency (TEA) staff [
executive director of the State Board for Educator Certification or
a designee] shall establish reasonable procedures to implement
this section.
[(1) Subsection (c)(6)
of this section shall be effective immediately.]
[(2) Subsection (c)(7)
of this section shall be effective and shall supersede subsection
(c)(6) of this section on June 30, 2006.]
(f) For purposes of this section, "TEA staff" means staff of the TEA assigned by the commissioner of education to perform the SBEC's administrative functions and services.
§232.5.Temporary Teacher Certificates.
(a) A person may be temporarily certified to teach
only in Grades [grade levels] 8-12 if the person:
(1) holds a baccalaureate or advanced degree from an
accredited institution of higher education received with an academic
major or interdisciplinary academic major, including reading, other
than education, that is related to at least one area of the curriculum
as prescribed under the Texas Education Code (TEC), Chapter 28,
Subchapter A[, Chapter 28, Texas Education Code]; [
and]
(2) performs satisfactorily on the appropriate examinations
prescribed under the TEC, §21.048 [Section 21.048,
Texas Education Code]; [and]
(3) passes a criminal history background check by submitted
fingerprints for review; and [.]
(4) submits fingerprints in accordance with §232.905(c) of this title (relating to Submission of Required Information) and the TEC, §22.0831.
(b) A certificate issued under this section is valid for a term not to exceed two academic years.
(c) A person may receive a certificate to teach only
in a subject area of the curriculum prescribed under
the TEC, Chapter 28, Subchapter A, [Chapter 28,
] in which
the person holds a baccalaureate or advanced degree from an institution
of higher education with an academic major related to that area of
the curriculum. Guidelines for determining the academic major related
to the current Grades [grades] 8-12 certificate
structure will be developed by the Texas Education Agency (TEA) staff
[Executive Director].
(d) A person who applies for a temporary teaching certificate under this section shall pay a fee equal to that required of applicants for a probationary certificate under §230.436 of this title (relating to Schedule of Fees for Certification Services).
(e) A person who holds a certificate under this section may be employed by a school district only if the person and the school district agree that the person will be employed under a probationary contract for each year of the person's employment with the district.
(f) A school district employing a person who holds a certificate issued under this section must provide the same coursework, mentoring, and training that is required by Chapter 228 of this title (relating to Requirements for Educator Preparation Programs).
[(f) A school district
employing a person who holds a certificate issued under this section
must provide the board with evidence that it will provide the person
with intensive support during the person's employment with the district,
including:]
[(1) mentoring in which the mentoring program is modeled on research-based mentoring and induction programs;]
[(2) pre-service training that addresses the following areas before the first day of the start of the student academic year and ongoing appropriate professional development must include, but not be limited to, the following areas:]
[(A) school policies and relevant state and federal law;]
[(B) instructional methods and strategies that emphasize practical applications of the teaching-learning processes,]
[(C) curriculum organization, planning, and evaluation, including the scope and sequence of the Texas Essential Knowledge and Skills in the subject area in which the teacher holds a certificate, and]
[(D) basic principles and procedures of classroom management with emphasis on classroom discipline, using group and individual processes.]
(g) Districts delivering the required intensive support
for an educator holding the temporary teacher certificate must follow
guidelines established by the TEA staff [
Executive Director
] with evidence indicating the ability to comply with
the provisions of this chapter.
(h) A school district may require that a person who will be employed by the district and who holds a temporary teacher certificate issued under this section complete a teacher training program.
(i) At the end of the two years of employment, the
person must apply to the SBEC [State Board for Educator
Certification] for a standard certificate. The person must also
be recommended by the current employing school district for certification.
All employing school districts must provide evidence to the SBEC
[board] that each district complied with the requirements
of subsection (f) of this section [provided the aforementioned
intensive support].
(j) A standard teaching certificate may [shall
] be issued to a person under this section if:
(1) the person held a temporary teacher certificate issued under this section;
(2) the person has been continuously employed as a teacher of record in a public school district for two academic years; and
(3) the employing district(s) has (have) favorably
reviewed the person's performance, including classroom performance
and performance in any teacher training program(s). Each school district
must predominately base the review of a person's performance on the
increase in achievement of his or her [the]
students [over which the person has had charge].
(k) At the end of the two years of employment, if a
person is granted a standard certificate, the person may not apply
for or receive another temporary certificate under this
section [rule] .
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 March 17, 2008.
TRD-200801475
Karen Loonam
Deputy Associate Commissioner, Educator Certification and Standards, Texas Education Agency
State Board for Educator Certification
Earliest possible date of adoption: April 27, 2008
For further information, please call: (512) 475-1497