TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

Subchapter N. CERTIFICATE ISSUANCE PROCEDURES

19 TAC §230.436

The State Board for Educator Certification (SBEC or Board) adopts an amendment to §230.436, relating to the schedule of fees for certification services without changes to the proposed text as published in the November 15, 2002, issue of the Texas Register (27 TexReg 10696) and will not be republished.

Section 230.436 was previously amended on an emergency basis in the August 23, 2002, issue of the Texas Register (27 TexReg 7677). The State Board for Educator Certification submitted a notice of Renewal of Effectiveness for §230.436, published in the December 6, 2002, issue of the Texas Register (27 TexReg 11353). The renewal was for an additional 60 days (for a final total of 180 days). The Texas Register published an incorrect expiration date of January 19, 2003. The correct expiration date is February 8, 2003. Section 230.436 is currently adopted so the amendment will become permanent. This adoption shall supercede the emergency amendment.

The following is a summary of the factual basis for the rule as adopted that demonstrates a rational connection between the factual basis for the rule and the rule as adopted:

The amendment to 19 TAC §230.436 would reduce by $20, from $75 to $55, the fee a school district must pay to have SBEC issue an emergency permit to employ a person who is not appropriately certified for a teaching assignment. The decreased fee would apply only to permits requested by school districts using the new web-based system beginning with the 2002-2003 school year.

School districts apply to SBEC for emergency permits to employ or to assign teachers who are not appropriately certified. SBEC has replaced the current permit application process with a new, more efficient web-based system to be used to process emergency permits, nonrenewable permits, and temporary exemption permits. Some cost savings related to permit processing have been realized since implementation of the system on September 1, 2002. Reducing the fee will benefit school districts by annually returning an estimated $240,000 to $300,000 to school districts statewide in reduced permit costs. School districts may convert the savings into enhanced professional development activities for emergency permit holders to help them become fully certified.

No comments were received in response to the notice of proposed rules as published in the above-referenced issue of the Texas Register .

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 the statutory authority of Section 21.041(c), Education Code, which provides that SBEC shall propose rules adopting a fee for the issuance and maintenance of an educator certificate, including an emergency permit, that is adequate to cover the costs of administration of Chapter 21, Subchapter B, in a manner consistent with that subchapter.

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 16, 2003.

TRD-200300243

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 5, 2003

Proposal publication date: November 15, 2002

For further information, please call: (512) 469-3011


Subchapter U. ASSIGNMENT OF PUBLIC SCHOOL PERSONNEL

19 TAC §230.601

The State Board for Educator Certification (SBEC or Board) adopts an amendment to §230.601, relating to assignment of public school personnel certified by SBEC, without changes to the proposed text as published in the November 29, 2002, issue of the Texas Register (27 TexReg 11030) and will not be republished.

Elsewhere in this issue of the Texas Register , SBEC contemporaneously adopts amendments to §§233.2-233.6 and new §233.7 and §233.8, concerning Categories of Classroom Teaching Certificates.

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:

At its March 1, 2002, meeting, the Board asked staff to convene a focus group to recommend changes, if any, for the improvement of the rules related to assignment of public school personnel. A group composed of public school administrators, educator preparation program staff, representatives of professional organizations, SBEC Board members and staff from various curriculum areas at the Texas Education Agency was organized. The members of the group represented a wide range of interests and experiences in the educational community.

The group met on April 29 and June 5, 2002 to review current assignment rules, discuss critical issues related to assignments and to make recommendations regarding any possible rule changes. The group discussions focused primarily on two critical issues:

1. continuation of current assignment rules for certain educators, and

2. flexibility in assignment of teachers who will receive one of the new EC-4, 4-8 and 8-12 certificates that will be available beginning in fall 2002.

The group generally agreed that the assignment criteria specified in 19 TAC Chapter 230, Subchapter U, Assignment of Public School Personnel , should remain in place for persons who are issued certificates based on standards developed before SBEC approved new certificates aligned with the current statewide curricula for public schools, the Texas Essential Knowledge and Skills (TEKS). The group also agreed with SBEC staff recommendations to make any necessary amendments to streamline Subchapter U, where possible, and to ensure continued alignment with the state-adopted curriculum and other applicable state and federal regulations.

Amendments to 19 TAC §230.601 are discussed below:

In assigning personnel who became certified by passing the appropriate Examination for the Certification of Educators in Texas (ExCET) tests based on standards promulgated in 1987 or obtained certification based on standards promulgated prior to 1987 and revalidated their certificate by passing the Texas Examination of Current Administrators & Teachers (TECAT), school administrators may rely on SBEC assignment rules promulgated under the appropriate standards. Grandfathering holders of certificates issued under former standards will promote stability in the public-school system by not requiring these educators to obtain another certificate based on new standards to remain in their positions, thereby avoiding interruption of the delivery of needed educational services during a period of teacher shortages. Though holding certificates not issued under standards aligned with the TEKS, these educators have been provided opportunities to participate in professional development and continuing education programs that address the TEKS.

A cross-reference is made to 19 TAC Chapter 233 to ensure classroom teachers issued certificates based on new standards are assigned in conformity with the TEKS. Special education assignments are aligned with current state and federal requirements.

Certified teachers who are assigned prior to the 2003-2004 school year to teach one or more of the six Technology Applications courses offered at grades 9-12 will be allowed to continue to teach those course(s) (and only those courses) without further certification. When the TEKS were adopted by the State Board of Education, SBEC offered no teaching certificate in the new area of Technology Applications. Although SBEC now issues a Technology Applications certificate, no certification exam exists for this area. Certificates are currently available in Technology Applications and Computer Science for grades 8-12 to qualified candidates who have completed and been recommended by an SBEC-approved preparation program. SBEC rules (Chapter 230, Subchapter U) also allows a district to assign a teacher with any elementary or secondary certificate to teach Technology Applications courses in grades 6-8 if it determines they are competent to do so. Similarly, a district may determine that any certified secondary teacher is competent to teach six of the Technology Applications courses offered at grades 9-12 (Web Mastering, Desktop Publishing, Multimedia, Digital Graphics and Animation, Video Technology, and Independent Study in Technology Applications). To teach Computer Science I and II, a teacher must hold the superseded Computer Information Systems certificate or the new Computer Science certificate.

Current assignment rules are streamlined by appropriately removing specific public school courses listed under certain broad curriculum areas. This change will provide districts more flexibility in offering courses aligned with the affected broad curriculum areas and in assigning personnel to them.

All credentials issued by other state and national licensing agencies are removed from the current assignment rules. Arising from the Texas Legislature's rewrite of the Education Code in 1995, this overdue change reflects the Board's current statutory authority and jurisdiction in linking public school assignments to the credentials issued by SBEC.

Amendments to 19 TAC Chapter 233, which establish the new standard classroom teacher's certificates aligned with the TEKS, are discussed below:

Section 233.2: The amendments provide flexibility by allowing educators holding the Standard EC-4 Generalist, EC-4 Bilingual Education Generalist, or the EC-4 English as a Second Language Generalist Certificate to be assigned in self-contained 5th and 6th grade classrooms during the 2003-2004, 2004-2005 and 2005-2006 school years only under certain conditions. A discussion of issues related to the assignment of individuals who will hold the new TEKS-aligned certificates in grades EC-4, 4-8, and 8-12 generated concerns related to the potential difficulties that school districts will face in staffing 5th and 6th grade classrooms, particularly those in self-contained settings. These concerns stemmed from the low numbers of educator preparation programs currently approved to offer the 4-8 Generalist Certificate and the potential impact that this will have on the teacher pool for middle grade assignments. There are approximately twelve programs throughout the state that are currently approved to offer the 4-8 Generalist Certificate. There are less than 100 students currently registered in these programs.

Sections 233.3 - 233.5: The amendments clarify the curriculum areas that the holder of the EC-4, 4-8 and 8-12 certificates may teach.

Section 233.6: The amendments provide that the holder of the Bilingual Generalist or Bilingual Education Supplemental certificate may teach English as a Second Language at the same grade levels and in the content areas of the holder's base certificate. This section is also amended to reflect the flexible assignment criteria provided by changes to §233.2 above.

Section 233.7: This new section establishes in rule the revised English as a Second Language Generalist EC-Grade 4 and Grade 4-8 certificates and the English as a Second Language Supplemental certificate, which were approved by the Board in October 2001. These certificates will work much like the Bilingual Generalist and Bilingual Supplemental certificates already in rule.

Section 233.8: This new section establishes in rule the revised Special Education EC-Grade 12 and Special Education Supplemental certificates, which were approved by the Board in October 2001. The new all-level Special Education Certificate will serve as an initial or stand-alone certificate. Unlike the current special education certificate or endorsement, this certificate will include mathematics and English language arts and reading content in addition to the special education standards. The amendments allow the holder of the certificate to teach in a special education classroom at any grade level without an additional content area certificate. The Special Education Supplemental certificate will be similar to the current special education endorsement. It is based on the new special education standards but excludes standards related to mathematics and English language arts. As a supplemental certificate, this certificate must be added to an existing content area certificate. The amendments limit the validity of the Special Education Supplemental certificate to the grade levels and content area(s) of the holder's base certificate.

No comments were received in response to the notice of proposed rules as published in the above-referenced issue of the Texas Register .

Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

The amendments to 19 TAC §230.601 and the amendments to and the new rules in 19 TAC Chapter 233 are proposed under the following sections of the Education Code: §21.031(a), which vests SBEC with the authority to 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 Chapter 21, Subchapter B, Education Code, in a manner consistent with that subchapter; and §21.041(b)(2), which requires SBEC to propose rules that specify the classes of educator certificates to be issued.

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 17, 2003.

TRD-200300259

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 6, 2003

Proposal publication date: November 29, 2002

For further information, please call: (512) 469-3011


Chapter 232. GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED

Subchapter R. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

19 TAC §232.851

The State Board for Educator Certification adopts an amendment to §232.851, relating to the number of required continuing professional education hours by classes of certificates and specifically for the Reading Specialist Certificate, without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10859) and will not be republished.

Elsewhere in this issue of the Texas Register , SBEC contemporaneously adopts new §239.90-239.95, concerning Reading Specialist Certificate.

The following is a summary of the factual basis for the rule as adopted that demonstrates a rational connection between the factual basis for the rule and the rule as adopted:

New 19 TAC Ch. 239, Subch. D (§§239.90 - 239.95) is discussed below:

§239.90 (General Provisions): This new section establishes in rule the Reading Specialist Certificate. As consumers of professional educational services, students and their parents should be able to trust that any person holding a Reading Specialist Certificate has demonstrated competence and is accountable to a professional board of governance, such as SBEC.

In 1997, Congress asked the Director of the National Institute of Child Health and Human Development (NICHD), along with the Secretary of Education, to convene a national panel on reading. The National Reading Panel (Panel) was asked by Congress to assess the status of research-based knowledge about reading, including the effectiveness of various approaches to teaching children to read. The Panel determined that reading instruction should be scientifically based and that more interactions between teachers and researchers need to be encouraged. The Panel also determined that in-service professional development for teachers results in significantly higher achievement for their students. The Panel found this to be true for established as well as new teachers.

Likewise, the Reading Specialist Standards Development Committee convened by SBEC concluded that the holder of the Reading Specialist Certificate must understand the theoretical foundations of literacy and implement a research-based reading/literacy curriculum for all students. The Standards Committee also decided that the Reading Specialist must participate in professional development programs.

For these reasons, new §239.90 requires the Reading Specialist to possess the knowledge and skills necessary to improve all students' performance. Further, each individual serving as a reading specialist is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Compliance with §239.90 requires the Reading Specialist to maintain currency in best practices and research as related to both campus leadership and student learning.

Section 239.91 (Minimum Requirements for Admission to a Reading Specialist Preparation Program): Applicants to a Reading Specialist Preparation Program must meet the same admission requirements as those seeking another student-services certificate, such as School Librarian, School Counselor, or Educational Diagnostician. In addition to other requirements set out in 19 TAC §227.10, relating to general admission criteria for any educator preparation program, the Reading Specialist applicant must have a baccalaureate degree from an accredited institution of higher education. These admission requirements help ensure that Reading Specialist applicants have acquired the following minimum knowledge and skills before entering a preparation program: reached a satisfactory level of general educational development; obtained a foundation for lifelong learning and self-development and responsibility for one's own learning; acquired an understanding of theoretical studies and how they may guide practical applications; developed critical, analytical, and problem-solving abilities; and developed communication and interpersonal skills that enable them to function effectively both as individuals and with a group.

Section 239.92 (Preparation Requirements): This new section requires the certificate candidates to receive training in the approved Reading Specialist standards through field-based experiences and applications at diverse types of campuses. According to Louisa C. Moats, a former project director for the Washington, D.C., site of the National Institute of Child Health and Human Development (NICHD) Early Interventions Project, and clinical associate professor of pediatrics, University of Texas, Houston, Health Sciences Center, knowledge of best reading instruction practices does not necessarily equip the teacher with practical teaching skills. Without instruction and practice, teachers are unlikely to develop the questioning techniques and discussion strategies that promote thoughtful reading by groups of children knowledge teachers must have and how that knowledge may be applied in teaching reading. Translating knowledge into practice requires experience with a range of students. Internship programs should be designed to allow new teachers to collaborate with peers and with mentor teachers, and to observe experts applying skills new teachers need to manage the range of reading levels and instructional challenges they will encounter in their classrooms.

Section 239.93 (Requirements for the Issuance of the Reading Specialist Certificate): In this section, the experience requirements for the new standards-based Reading Specialist Certificate are consistent with those for the other new student services certificates (School Librarian, School Counselor, and Educational Diagnostician). They differ, however, from the current Reading Specialist requirements in that the adopted rules require two years of classroom teaching experience in a public or accredited private school. The superseded rules required a candidate to have a valid teaching certificate and three years of classroom teaching experience. The Board determined that providing the option of having taught in a private school outweighed the need to have obtained a teacher's certificate. Additionally, the Board found that requiring three years of classroom teaching experience was an unnecessary barrier to certification as a Reading Specialist and that two years was adequate. Because such a large number of teachers drop out of the profession after three years, more qualified candidates would be inclined to pursue the Reading Specialist Certificate after two years of classroom teaching as a way of advancing their careers and would be less likely to leave the profession altogether.

Section 239.94 (Requirements to Renew the Standard Reading Specialist Certificate): For the Reading Specialist Certificate renewal requirements, the section makes a cross-reference to 19 TAC Chapter 232, Subchapter R, relating to certificate renewal and continuing professional education requirements. See the explanation of the amendment to 19 TAC §232.851, relating to the number of required continuing professional education hours by classes of certificates.

Section 239.95 (Transition and Implementation Dates): The Reading Specialist Examination for the Certification of Educators in Texas (ExCET) is scheduled for deletion on August 31, 2003, and the new Texas Examination of Educator Standards (TExES) Reading Specialist test and associated standards-based Reading Specialist Certificate are scheduled for implementation on September 1, 2003. The adopted rule provides for candidates who have taken and passed the Reading Specialist ExCET prior to September 1, 2003, to have until August 31, 2004, to meet all other requirements for the current (ExCET-based) Reading Specialist Certificate issued under 19 TAC §230.310. Specifically, some candidates will have taken and passed the Reading Specialist ExCET but may not have finished their three years of teaching experience requirement or may not have completed all of their coursework for program completion. The adopted rule will allow those candidates one additional year for that test to remain valid for certification while completing all other requirements for the current (ExCET-based) Reading Specialist Certificate.

The amendment to 19 TAC §232.851, relating to the number of required continuing professional education hours by classes of certificates, requires holders of a Standard Reading Specialist Certificate to complete 200 hours of continuing professional education (CPE) every five years in order to renew the certificate. This renewal requirement is consistent with the requirements for other Student Services Certificates (e.g., School Counselor, Educational Diagnostician). For the reasons presented in the justification of new 19 TAC §239.90, relating to general provisions for the Reading Specialist Certificate, the Board determined that these certificate holders should obtain the maximum amount of CPE currently required of any certificate class. With federal funding of research into and regulation of effective reading instruction rapidly expanding, it is essential for the Reading Specialist to maintain currency in the field.

No comments were received in response to the notice of proposed rules as published in the above-referenced issue of the Texas Register .

Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

The amendment to 19 TAC §232.851 is adopted under the statutory authority of the following Education Code sections: §21.031(a), which vests SBEC with the authority to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; §21.041(b)(1), which requires SBEC to propose rules that provide for the regulation of educators and the general administration of Chapter 21, Subchapter B, in a manner consistent with that subchapter; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.041(b)(9), which requires SBEC to provide for continuing education requirements.

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 17, 2003.

TRD-200300260

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 6, 2003

Proposal publication date: November 22, 2002

For further information, please call: (512) 469-3011


Chapter 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §§233.2 - 233.8

The State Board for Educator Certification (SBEC or Board) adopts amendments to §233.2, relating to the generalist certificates for teaching in early childhood programs through grade 4 or in grades 4-8; §233.3, relating to the certificates for teaching English language arts and reading, social studies, or history in grades 4-8 or 8-12; §233.4, relating to the certificates for teaching mathematics or science in grades 4-8 or 8-12; §233.5, relating to certificates for teaching technology applications in grades; §233.6, relating to certificates for teaching in bilingual education programs and new §233.7, relating to certificates for teaching English as a second language and new §233.8, relating to certificates for teaching in special education. The rules are adopted without changes to the proposed text as published in the November 29, 2003, issue of the Texas Register (27 TexReg 11031), and §233.2 and §233.5 as corrected in the December 13, 2002, issue of the Texas Register (27 TexReg 11833). The text of the rules will not be republished.

Elsewhere in this issue of the Texas Register , SBEC contemporaneously adopts an amendment to §230.601, relating to assignment of public school personnel certified by SBEC.

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:

At its March 1, 2002, meeting, the Board asked staff to convene a focus group to recommend changes, if any, for the improvement of the rules related to assignment of public school personnel. A group composed of public school administrators, educator preparation program staff, representatives of professional organizations, SBEC Board members and staff from various curriculum areas at the Texas Education Agency was organized. The members of the group represented a wide range of interests and experiences in the educational community.

The group met on April 29 and June 5, 2002 to review current assignment rules, discuss critical issues related to assignments and to make recommendations regarding any possible rule changes. The group discussions focused primarily on two critical issues:

1. continuation of current assignment rules for certain educators, and

2. flexibility in assignment of teachers who will receive one of the new EC-4, 4-8 and 8-12 certificates that will be available beginning in fall 2002.

The group generally agreed that the assignment criteria specified in 19 TAC Chapter 230, Subchapter U, Assignment of Public School Personnel , should remain in place for persons who are issued certificates based on standards developed before SBEC approved new certificates aligned with the current statewide curricula for public schools, the Texas Essential Knowledge and Skills (TEKS). The group also agreed with SBEC staff recommendations to make any necessary amendments to streamline Subchapter U, where possible, and to ensure continued alignment with the state-adopted curriculum and other applicable state and federal regulations.

Amendments to 19 TAC §230.601 are discussed below:

In assigning personnel who became certified by passing the appropriate Examination for the Certification of Educators in Texas (ExCET) tests based on standards promulgated in 1987 or obtained certification based on standards promulgated prior to 1987 and revalidated their certificate by passing the Texas Examination of Current Administrators & Teachers (TECAT), school administrators may rely on SBEC assignment rules promulgated under the appropriate standards. Grandfathering holders of certificates issued under former standards will promote stability in the public-school system by not requiring these educators to obtain another certificate based on new standards to remain in their positions, thereby avoiding interruption of the delivery of needed educational services during a period of teacher shortages. Though holding certificates not issued under standards aligned with the TEKS, these educators have been provided opportunities to participate in professional development and continuing education programs that address the TEKS.

A cross-reference is made to 19 TAC Chapter 233 to ensure classroom teachers issued certificates based on new standards are assigned in conformity with the TEKS. Special education assignments are aligned with current state and federal requirements.

Certified teachers who are assigned prior to the 2003-2004 school year to teach one or more of the six Technology Applications courses offered at grades 9-12 will be allowed to continue to teach those course(s) (and only those courses) without further certification. When the TEKS were adopted by the State Board of Education, SBEC offered no teaching certificate in the new area of Technology Applications. Although SBEC now issues a Technology Applications certificate, no certification exam exists for this area. Certificates are currently available in Technology Applications and Computer Science for grades 8-12 to qualified candidates who have completed and been recommended by an SBEC-approved preparation program. SBEC rules (Chapter 230, Subchapter U) also allows a district to assign a teacher with any elementary or secondary certificate to teach Technology Applications courses in grades 6-8 if it determines they are competent to do so. Similarly, a district may determine that any certified secondary teacher is competent to teach six of the Technology Applications courses offered at grades 9-12 (Web Mastering, Desktop Publishing, Multimedia, Digital Graphics and Animation, Video Technology, and Independent Study in Technology Applications). To teach Computer Science I and II, a teacher must hold the superseded Computer Information Systems certificate or the new Computer Science certificate.

Current assignment rules are streamlined by appropriately removing specific public school courses listed under certain broad curriculum areas. This change will provide districts more flexibility in offering courses aligned with the affected broad curriculum areas and in assigning personnel to them.

All credentials issued by other state and national licensing agencies are removed from the current assignment rules. Arising from the Texas Legislature's rewrite of the Education Code in 1995, this overdue change reflects the Board's current statutory authority and jurisdiction in linking public school assignments to the credentials issued by SBEC.

Amendments to 19 TAC Chapter 233, which establish the new standard classroom teacher's certificates aligned with the TEKS, are discussed below:

Section 233.2: The amendments provide flexibility by allowing educators holding the Standard EC-4 Generalist, EC-4 Bilingual Education Generalist, or the EC-4 English as a Second Language Generalist Certificate to be assigned in self-contained 5th and 6th grade classrooms during the 2003-2004, 2004-2005 and 2005-2006 school years only under certain conditions. A discussion of issues related to the assignment of individuals who will hold the new TEKS-aligned certificates in grades EC-4, 4-8, and 8-12 generated concerns related to the potential difficulties that school districts will face in staffing 5th and 6th grade classrooms, particularly those in self-contained settings. These concerns stemmed from the low numbers of educator preparation programs currently approved to offer the 4-8 Generalist Certificate and the potential impact that this will have on the teacher pool for middle grade assignments. There are approximately twelve programs throughout the state that are currently approved to offer the 4-8 Generalist Certificate. There are less than 100 students currently registered in these programs.

Sections 233.3 - 233.5: The amendments clarify the curriculum areas that the holder of the EC-4, 4-8 and 8-12 certificates may teach.

Section 233.6: The amendments provide that the holder of the Bilingual Generalist or Bilingual Education Supplemental certificate may teach English as a Second Language at the same grade levels and in the content areas of the holder's base certificate. This section is also amended to reflect the flexible assignment criteria provided by changes to §233.2 above.

Section 233.7: This new section establishes in rule the revised English as a Second Language Generalist EC-Grade 4 and Grade 4-8 certificates and the English as a Second Language Supplemental certificate, which were approved by the Board in October 2001. These certificates will work much like the Bilingual Generalist and Bilingual Supplemental certificates already in rule.

Section 233.8: This new section establishes in rule the revised Special Education EC-Grade 12 and Special Education Supplemental certificates, which were approved by the Board in October 2001. The new all-level Special Education Certificate will serve as an initial or stand-alone certificate. Unlike the current special education certificate or endorsement, this certificate will include mathematics and English language arts and reading content in addition to the special education standards. The amendments allow the holder of the certificate to teach in a special education classroom at any grade level without an additional content area certificate. The Special Education Supplemental certificate will be similar to the current special education endorsement. It is based on the new special education standards but excludes standards related to mathematics and English language arts. As a supplemental certificate, this certificate must be added to an existing content area certificate. The amendments limit the validity of the Special Education Supplemental certificate to the grade levels and content area(s) of the holder's base certificate.

No comments were received in response to the notice of proposed rules as published in the above-referenced issue of the Texas Register .

Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

The amendments to 19 TAC §230.601 and the amendments to and the new rules in 19 TAC Chapter 233 are adopted under the following sections of the Education Code: §21.031(a), which vests SBEC with the authority to 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 adopt rules that provide for the regulation of educators and the general administration of Chapter 21, Subchapter B, Education Code, in a manner consistent with that subchapter; and §21.041(b)(2), which requires SBEC to adopt rules that specify the classes of educator certificates to be issued.

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 17, 2003.

TRD-200300261

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 6, 2003

Proposal publication date: November 29, 2002

For further information, please call: (512) 469-3011


Chapter 239. STUDENT SERVICES CERTIFICATES

Subchapter D. READING SPECIALIST CERTIFICATE

19 TAC §§239.90 - 239.95

The State Board for Educator Certification (SBEC or Board) adopts new §§239.90 - 239.95, relating to the Reading Specialist Certificate. Section 239.90 concerns general provisions for issuance of the reading specialist certificate; §239.91 concerns minimum requirements for admission to a reading specialist preparation program; §239.92 concerns preparation requirements, §239.93 concerns requirements for the issuance of the reading specialist certificate; §239.94 concerns requirements to renew the standard reading specialist certificate; and §239.95 concerns transition and implementation dates. The rules are adopted without changes to the proposed text as published in the November 22, 2002, issue of the Texas Register (27 TexReg 10860) and will not be republished.

Elsewhere in this issue of the Texas Register , SBEC contemporaneously adopts an amendment to §232.851, concerning Number of Required Continuing Professional Education Hours by Classes of Certificates.

The following is a summary of the factual basis for the rule as adopted that demonstrates a rational connection between the factual basis for the rule and the rule as adopted:

New 19 TAC Ch. 239, Subch. D (§§239.90 - 239.95) is discussed below:

Section 239.90 (General Provisions): This new section establishes in rule the Reading Specialist Certificate. As consumers of professional educational services, students and their parents should be able to trust that any person holding a Reading Specialist Certificate has demonstrated competence and is accountable to a professional board of governance, such as SBEC.

In 1997, Congress asked the Director of the National Institute of Child Health and Human Development (NICHD), along with the Secretary of Education, to convene a national panel on reading. The National Reading Panel (Panel) was asked by Congress to assess the status of research-based knowledge about reading, including the effectiveness of various approaches to teaching children to read. The Panel determined that reading instruction should be scientifically based and that more interactions between teachers and researchers need to be encouraged. The Panel also determined that in-service professional development for teachers results in significantly higher achievement for their students. The Panel found this to be true for established as well as new teachers.

Likewise, the Reading Specialist Standards Development Committee convened by SBEC concluded that the holder of the Reading Specialist Certificate must understand the theoretical foundations of literacy and implement a research-based reading/literacy curriculum for all students. The Standards Committee also decided that the Reading Specialist must participate in professional development programs.

For these reasons, new §239.90 requires the Reading Specialist to possess the knowledge and skills necessary to improve all students' performance. Further, each individual serving as a reading specialist is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Compliance with §239.90 requires the Reading Specialist to maintain currency in best practices and research as related to both campus leadership and student learning.

Section 239.91 (Minimum Requirements for Admission to a Reading Specialist Preparation Program): Applicants to a Reading Specialist Preparation Program must meet the same admission requirements as those seeking another student-services certificate, such as School Librarian, School Counselor, or Educational Diagnostician. In addition to other requirements set out in 19 TAC §227.10, relating to general admission criteria for any educator preparation program, the Reading Specialist applicant must have a baccalaureate degree from an accredited institution of higher education. These admission requirements help ensure that Reading Specialist applicants have acquired the following minimum knowledge and skills before entering a preparation program: reached a satisfactory level of general educational development; obtained a foundation for lifelong learning and self-development and responsibility for one's own learning; acquired an understanding of theoretical studies and how they may guide practical applications; developed critical, analytical, and problem-solving abilities; and developed communication and interpersonal skills that enable them to function effectively both as individuals and with a group.

Section 239.92 (Preparation Requirements): This new section requires the certificate candidates to receive training in the approved Reading Specialist standards through field-based experiences and applications at diverse types of campuses. According to Louisa C. Moats, a former project director for the Washington, D.C., site of the National Institute of Child Health and Human Development (NICHD) Early Interventions Project, and clinical associate professor of pediatrics, University of Texas, Houston, Health Sciences Center, knowledge of best reading instruction practices does not necessarily equip the teacher with practical teaching skills. Without instruction and practice, teachers are unlikely to develop the questioning techniques and discussion strategies that promote thoughtful reading by groups of children knowledge teachers must have and how that knowledge may be applied in teaching reading. Translating knowledge into practice requires experience with a range of students. Internship programs should be designed to allow new teachers to collaborate with peers and with mentor teachers, and to observe experts applying skills new teachers need to manage the range of reading levels and instructional challenges they will encounter in their classrooms.

Section 239.93 (Requirements for the Issuance of the Reading Specialist Certificate): In this section, the experience requirements for the new standards-based Reading Specialist Certificate are consistent with those for the other new student services certificates (School Librarian, School Counselor, and Educational Diagnostician). They differ, however, from the current Reading Specialist requirements in that the adopted rules require two years of classroom teaching experience in a public or accredited private school. The superseded rules required a candidate to have a valid teaching certificate and three years of classroom teaching experience. The Board determined that providing the option of having taught in a private school outweighed the need to have obtained a teacher's certificate. Additionally, the Board found that requiring three years of classroom teaching experience was an unnecessary barrier to certification as a Reading Specialist and that two years was adequate. Because such a large number of teachers drop out of the profession after three years, more qualified candidates would be inclined to pursue the Reading Specialist Certificate after two years of classroom teaching as a way of advancing their careers and would be less likely to leave the profession altogether.

Section 239.94 (Requirements to Renew the Standard Reading Specialist Certificate): For the Reading Specialist Certificate renewal requirements, the section makes a cross-reference to 19 TAC Chapter 232, Subchapter R, relating to certificate renewal and continuing professional education requirements. See the explanation of the amendment to 19 TAC §232.851, relating to the number of required continuing professional education hours by classes of certificates.

Section 239.95 (Transition and Implementation Dates): The Reading Specialist Examination for the Certification of Educators in Texas (ExCET) is scheduled for deletion on August 31, 2003, and the new Texas Examination of Educator Standards (TExES) Reading Specialist test and associated standards-based Reading Specialist Certificate are scheduled for implementation on September 1, 2003. The adopted rule provides for candidates who have taken and passed the Reading Specialist ExCET prior to September 1, 2003, to have until August 31, 2004, to meet all other requirements for the current (ExCET-based) Reading Specialist Certificate issued under 19 TAC §230.310. Specifically, some candidates will have taken and passed the Reading Specialist ExCET but may not have finished their three years of teaching experience requirement or may not have completed all of their coursework for program completion. The adopted rule will allow those candidates one additional year for that test to remain valid for certification while completing all other requirements for the current (ExCET-based) Reading Specialist Certificate.

The amendment to 19 TAC §232.851, relating to the number of required continuing professional education hours by classes of certificates, requires holders of a Standard Reading Specialist Certificate to complete 200 hours of continuing professional education (CPE) every five years in order to renew the certificate. This renewal requirement is consistent with the requirements for other Student Services Certificates (e.g., School Counselor, Educational Diagnostician). For the reasons presented in the justification of new 19 TAC §239.90, relating to general provisions for the Reading Specialist Certificate, the Board determined that these certificate holders should obtain the maximum amount of CPE currently required of any certificate class. With federal funding of research into and regulation of effective reading instruction rapidly expanding, it is essential for the Reading Specialist to maintain currency in the field.

No comments were received in response to the notice of proposed rules as published in the above-referenced issue of the Texas Register .

Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

New Subchapter D (new §§239.90 - 239.95), relating to the Reading Specialist Certificate, of 19 TAC Chapter 239 is adopted under the statutory authority of the following Education Code sections: §21.031(a), which vests SBEC with the authority to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; and §21.041(b)(1), Education Code, which requires SBEC to propose rules that provide for the regulation of educators and the general administration of Chapter 21, Subchapter B, in a manner consistent with that subchapter; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.048, which requires SBEC to propose rules prescribing comprehensive examinations for the reading specialist 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 17, 2003.

TRD-200300262

William Franz

Executive Director

State Board for Educator Certification

Effective date: February 6, 2003

Proposal publication date: November 22, 2002

For further information, please call: (512) 469-3011