Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
Chapter 229.
ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION
The State Board for Educator Certification adopts the repeal of §§229.1-229.5
and new §§229.1-229.12, concerning Accountability System for Educator
Preparation, without changes to the proposed text as published in the November
30, 2001, issue of the
Texas Register
(26
TexReg 9718) and will not be republished.
No comments were received regarding adoption of the rules.
The following is a summary of the factual basis for the rules as adopted
that demonstrates a rational connection between the factual basis for the
rules and the rules as adopted:
Under TAC Chapter 229, educator preparation programs are held accountable
for performance. The adopted amendments are refinements to the rules for the
Accountability System for Educator Preparation (ASEP), to be used for issuing
annual accreditation ratings in September 2002 and beyond. In addition to
revisions for state accountability purposes, the amendments will result in
a closer alignment of ASEP with federal accountability required under Title
II of the Higher Education Act.
It is important that SBEC rules and policies be continually reviewed so
that ASEP effectively, equitably, and appropriately assures that entities
are held accountable for the readiness for certification of individuals completing
their programs. The proposed refinements represent the recommendations of
the ASEP Advisory Committee, comprised of educators from educator preparation
programs and other stakeholders. Generally, the proposed rules would significantly
revise the accountability system beginning with the 2003-2004 ASEP ratings,
as described below.
(1) (§229.2 and §229.3.) "Program completers" would replace "test
takers" as the basis of the accountability ratings. That is, a preparation
program's accreditation status would be determined by looking at the certification
(ExCET) exam performance of persons who have completed program requirements,
but for passing their ExCET exams (e.g., obtained a degree from a college
or university program or finished required training at an alternative certification
program). Now, programs are held accountable for the test performance of their
candidates regardless of whether they have completed the program.
(2) (§229.3 and §229.6.) To coincide with federal Title II reporting,
annual accountability ratings would be issued in the spring (April/May) rather
than in the fall (September/October). Ratings issued in Spring 2003 would
determine programs' accreditation status for the 2003-2004 school year. Coupled
with the change to using completer data, the shift from fall to spring reporting
of ratings will give programs more notice and opportunity to make improvements
before the next reporting cycle ends.
(3) (§229.3.) Use of data for small groups will change. As required
by Section 21.045(a) of the Education Code, ASEP data are disaggregated according
to ethnicity and gender. Each group (all candidates, and ethnic and gender
groups) is required to perform acceptably on either the first-year or final
pass rate. Data representing the performance of a small group of individuals
or tests, however, must be used with caution for evaluating an educational
program. Consequently, the advisory committee extensively discussed the use
of such data in ASEP and SBEC agreed with the advisory committee's recommendations,
which are represented in the proposed rules.
Under current rules, a "small" group consists of fewer than 30 candidates.
Under the proposed rules for Spring 2003 ratings and beyond, a small group
would consist of 15 or fewer candidates. If the current pass rate for an ethnic
or gender group were acceptable, that performance would be used for accreditation
purposes, regardless of the number of candidates in the group. If the group's
current pass rate were unacceptable and represented more than 15 candidates,
the program would be rated Accredited-Under Review based on the group's low
performance. If the group's current pass rate were unacceptable but represented
15 or fewer candidates, the program would be rated Accredited-Under Review
only if the previous year's performance for the group was also unacceptable.
The program, however, could appeal to the SBEC executive director and Board
for reconsideration of that status because of the small number of candidates
considered.
Additionally, the amendments would make limited revisions for the 2002-2003
accountability ratings. These changes include the following:
(1) (§§229.1, 229.8-229.12.) Effective Date. Ratings issued in
September 2002 would determine programs' accreditation status for the 2002-2003
school year.
(2) (§229.9) Use of Data for Small Groups. For ratings issued only
in September 2002, a small group would continue to be fewer than 30 candidates
(i.e., "test takers"). In the proposed rules for 2002-2003, data for a small
ethnic or gender group (fewer than 30 test takers) will be combined with data
from previous year(s) only if the group's performance is unacceptable.
Further, for ratings to be issued for 2002 and 2003 and beyond, the proposed
amendments clarify the requirement that an administrator must be appointed
by the executive director if the entity is rated Accredited-Under Review for
a third consecutive academic year. (§229.6 and §29.11.)
Because no party submissions or proposals were received, an explanation
of the Board's reasons for disagreement is not required.
19 TAC §§229.1 - 229.5
The repeals are adopted under the Texas Education Code (TEC) §21.045,
which requires the Board to propose rules governing the continuing accountability
of all educator preparation programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 14, 2002.
TRD-200200163
William Franz
Executive Director
State Board for Educator Certification
Effective date: February 3, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 469-3011
19 TAC §§229.1 - 229.12
The new rules are adopted under the Texas Education Code (TEC) §21.045,
which requires the Board to propose rules governing the continuing accountability
of all educator preparation programs.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2002.
TRD-200200164
William Franz
Executive Director
State Board for Educator Certification
Effective date: February 3, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 469-3011
Subchapter J. CERTIFICATION REQUIREMENTS FOR EDUCATORS OTHER THAN CLASSROOM TEACHERS AND EDUCATIONAL AIDES
The State Board for Educator Certification adopts amended 19 Texas
Administrative Code Chapter 230, Subchapter J, §§230.304, 230.306,
230.308, 230.313, 230.314 (repeals) and §230.319 (amendment), relating
to educators other classroom teachers without changes to the proposed text
as published in the November 30, 2001, issue of the
Texas Register
(26 TexReg 9726) and will not be republished.
No comments were received regarding adoption of the rules.
REASONED JUSTIFICATION FOR RULES AS ADOPTED:
The following is a summary of the factual basis for the rules as adopted
that demonstrates a rational connection between the factual basis for the
rules and the rules as adopted:
On January 4, 2002, the State Board for Educator Certification (SBEC) proposed
conforming amendments to repeal obsolete school administrator certificate
rules, 19 TAC §§230.304 and 230.306, that have been superseded by
the new principal rules in 19 TAC Ch. 241 and the new superintendent rules
in 19 TAC Ch. 242.
On January 4, 2002, SBEC also adopted the repeal of rules at 19 TAC §§230.308,
230.313, 230.314, and 230.319(b), which are related to credentials no longer
issued, including supervisor, visiting teacher, special education supervisor
and visiting teacher, and vocational supervisor. By their own terms, these
rules expired on September 1, 2001, and SBEC has decided not to readopt them.
Further, on January 4, 2002, SBEC adopted an amendment to 19 TAC §232.510(b)
creating a new class of certificate for instructional educators other than
classroom teachers. The reading specialist certificate would be the only member
of this class for now.
The affected sections of SBEC's rules are the following:
19 Tex. Admin. Code Ch. 230, Subch. J:
§230.304 (repeal), relating to professional administrators' certificates
(superintendent, principal, and assistant principal).
Superseded by new 19 Tex. Admin. Code Ch's 241 and 242, relating to the
principal and superintendent certificates, respectively.
§230.306 (repeal), relating to the supervisor certificate.
No longer issued. SBEC has already eliminated the assignment criteria for
supervisors-districts are not required under SBEC's rules to employ a certified
educator to fill this position.
Districts may require whatever certification they deem appropriate for
the assignment.
§230.308 (repeal), relating to the visiting teacher certificate.
No longer issued. SBEC has already eliminated the assignment criteria for
visiting teachers-districts are not required under SBEC's rules to employ
a certified educator to fill this position.
Districts may require whatever certification they deem appropriate for
the assignment.
§230.313 (repeal), relating to the special education supervisor certificate.
No longer issued. SBEC has already eliminated the assignment criteria for
special education supervisors-districts are not required under SBEC's rules
to employ a certified educator to fill this position.
SBEC's remaining special education teacher certification and other credentials
could accommodate any certificate requirements for a special education supervisor
under TEA or federal rules (
see, e.g.
, 19
TAC §89.1131, relating to qualifications of special education, related
service, and paraprofessional personnel).
§230.314 (repeal), relating to the special education visiting teacher
certificate.
No longer issued. SBEC has already eliminated the assignment criteria for
special education visiting teachers-districts are not required under SBEC's
rules to employ a certified educator to fill this position.
SBEC's remaining special education teacher certification and other credentials
could accommodate any certificate requirements for a special education visiting
teacher under TEA or federal rules (see, e.g., 19 TAC §89.1131, relating
to qualifications of special education, related service, and paraprofessional
personnel).
§230.319(b) (repeal), relating to the vocational supervisor (administrator)
certificate.
No longer issued. SBEC has already eliminated the assignment criteria for
vocational supervisors-districts are not required under SBEC's rules to employ
a certified educator to fill this position.
Districts may require whatever certification they deem appropriate for
the assignment.
19 Tex. Admin. Code §232.510(b) (addition), relating to classes of
certificates.
Adds to the classes of certificates "instructional educator other than
classroom teacher, including reading specialist."
The reading specialist certificate is still issued but is not included
in the current list of certificate classes.
By using phrase "instructional educator other than classroom teacher,"
other certificates like reading specialist will be covered by the listing
without having to amend the rule again.
Because no party submissions or proposals were received, an explanation
of the Board's reasons for disagreement is not required.
19 TAC §§230.304, 230.306, 230.308, 230.313, 230.314
The repeals are adopted under Texas Education Code (TEC) §21.041(a),
which requires SBEC to propose rules for the general administration of TEC
Ch. 21, Subch. B; §21.041(b)(2), which requires SBEC to propose rules
that specify the classes of educator certificates to be issued; and §21.041(b)(4),
which requires SBEC to specify the requirements for the issuance and renewal
of an educator certificate.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 14, 2002.
TRD-200200165
William Franz
Executive Director
State Board for Educator Certification
Effective date: February 3, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 469-3011
19 TAC §230.319
The amendment is adopted under Texas Education Code (TEC) §21.041(a),
which requires SBEC to propose rules for the general administration of TEC
Ch. 21, Subch. B; §21.041(b)(2), which requires SBEC to propose rules
that specify the classes of educator certificates to be issued; and §21.041(b)(4),
which requires SBEC to specify the requirements for the issuance and renewal
of an educator certificate.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on January 14, 2002.
TRD-200200166
William Franz
Executive Director
State Board for Educator Certification
Effective date: February 3, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 469-3011
19 TAC §230.436
The State Board for Educator Certification adopts amended §230.436,
relating to schedule of fees for certification services, without changes to
the proposed text as published in the November 30, 2001, issue of the
No comments were received regarding adoption of the rule.
REASONED JUSTIFICATION FOR RULES AS ADOPTED:
The following is a summary of the factual basis for the rules as adopted
that demonstrates a rational connection between the factual basis for the
rules and the rules as adopted:
The increased fee on out-of-state educators was adopted to implement House
Bill 1721 (77th Leg.) by Rep. Martinez Fisher (Act of May 23, 2001, 77th Leg.,
R.S., ch. 1306, 2001 Tex. Sess. Law Serv. 3032 (Vernon) (to be codified as
an amendment to Tex. Educ. Code Ann. §21.052(a))). House Bill 1721 allows
the State Board for Educator Certification (SBEC) to certifiy certain educators
from other states or countries without requiring them to pass Texas's certification
tests. An educator from outside Texas who passed another jurisdiction's credentialing
exams will not have to pass the corresponding Texas exams as long as the other
jurisidiction's exams are "similar to" and "at least as rigorous as" Texas's
exams.
To determine which jurisdictions give tests that will qualify their educators
for a test exemption in Texas, SBEC must conduct a comparability study of
other jurisdictions' certification exams. To pay for the comparability study
and to cover other costs related to implementing House Bill 1721, SBEC must
raise additional fee revenue.
Contingent on sufficiently increased fee revenue, the Legislature appropriated
$761,688 over the biennium to SBEC for the implementation of House Bill 1721.
In the related contingent appropriations rider, the Legislature expressed
its intent that SBEC increase fees for out-of-state educators to recover costs
and lost revenue from implementing this legislation. By increasing the credential
review fee for out-of-state educators from $75 to $175, sufficient revenue
will be generated to complete the comparability study of other jursidictions'
credentialing exams and to otherwise cover the cost of implementing House
Bill 1721.
Under the adopted amendment, the agency could raise fees to pay for the
comparability study as required to implement House Bill 1721. The fee increase
would also let the agency adjust its operating budget for loss of test revenue
resulting from test exemptions granted to out-of-state educators under House
Bill 1721.
Because no party submissions or proposals were received, an explanation
of the Board's reasons for disagreement is not required.
The amendment is adopted under §21.041(c), Education Code,
which requires the State Board for Educator Certification (SBEC) to propose
a rule adopting a fee for the issuance and maintenance of an educator certificate
that is adequate to cover the cost of administering Chapter 21, Subchapter
B, Education Code; Act of May 23, 2001, 77th Leg., R.S., ch. 1306, 2001 Tex.
Sess. Law Serv. 3032 (Vernon) (to be codified as an amendment to Tex. Educ.
Code Ann. §21.052(a)), which authorizes SBEC to certify educators from
outside Texas who have already passed another jurisdiction's certification
exam that is similar to and at least as rigorous as the comparable Texas exam;
and the current General Appropriations Act-Act of May 24, 2001, 77th Leg.,
R.S., S.B. 1, Art. IX-99, Sec. 10.60-which requires SBEC to increase certification
fees on out-of-state educators to pay for the implementation of House Bill
1721 (77th Legislature).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on January 14, 2002.
TRD-200200167
William Franz
Executive Director
State Board for Educator Certification
Effective date: February 3, 2002
Proposal publication date: November 30, 2001
For further information, please call: (512) 469-3011
Subchapter M. TYPES AND CLASSES OF CERTIFICATES ISSUED
Chapter 230.
PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION
Subchapter N. CERTIFICATE ISSUANCE PROCEDURES
Chapter 232.
GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED