Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
Chapter 228.
REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS
19 TAC §§228.2, 228.10, 228.30
The State Board for Educator Certification (SBEC) proposes
amendments to 19 TAC Chapter 228, Requirements for Educator Preparation Programs: §§228.2,
Definitions; 228.10, Approval Process; and 228.30, Educator Preparation Curriculum.
The proposed amendments would align SBEC's regulation of alternative certification
programs and the beginning teachers participating in them with the requirements
of the Elementary and Secondary Education Act, Title I, as reauthorized and
amended by the No Child Left Behind Act of 2001 (NCLB Act) (Public Law 107-110).
The amendments to chapter 228 are proposed in conjunction with amendments
to 19 TAC chapter 232, relating to types and classes of certificates, proposed
elsewhere in this issue. The amendments to both chapters are based on recommendations
made by representatives of alternative and traditional university-based certification
programs as well as a teacher's professional organization. SBEC received no
adverse testimony when the Board proposed the rules.
To implement the NCLB Act, the United States Department of Education (USDE)
has issued new regulations at 34 C.F.R. §200.56 setting standards for
alternative route to certification programs that provide beginning teachers
to public school programs supported with federal education funds intended
to improve academic achievement of the disadvantaged under Title I of the
Elementary and Secondary Education Act of 1965. The proposed rules would conform
SBEC's regulation of alternative certification programs (ACPs) to federal
standards for alternative route to certification programs.
Title I provides the state and districts funds to improve the academic
achievement of the disadvantaged. Under NCLB, public schools, including charter
schools, must ensure that any teacher hired after the first day of the 2002-2003
school year and who teaches a core academic subject in Title I-supported programs
is "highly qualified." By the end of the 2005-2006 school year, all teachers
of core academic subjects must be "highly qualified," regardless of whether
they are teaching in a program supported with Title I funds or not. USDE Rule
specifies the core academic subjects as English, reading or language arts,
mathematics, science, foreign languages, civics and government, economics,
arts (fine arts), history, and geography.
The new federal regulations define a "highly qualified" teacher to include
those participating in alternative route to certification programs that meet
certain standards. The proposed rules would conform SBEC's regulation of alternative
certification programs (ACPs) to federal standards and would enable holders
of SBEC's probationary certificate, which is issued to ACP participants serving
as the teacher of record, to be considered "highly qualified" under the NCLB
Act and USDE's implementing regulations.
The amendment adding new paragraph (4) to §228.2, relating to definitions,
defines "teaching practicum," which current §228.30 requires certification
candidates to complete but does not define. By using the word "supervised"
in the definition, the amendment ensures compliance with federal regulation.
Proposed new paragraph (5) to §228.2 defines "alternative certification
program" to be the same type of educator preparation program the federal regulation
refers to as "alternative route to certification program." Proposed new paragraph
(6) to §228.2 provides a definition for "teacher of record" to be consistent
with customary usage of the term in the education community and to distinguish
the role of a probationary certificate holder participating in an ACP from
that of a candidate doing student teaching as part of a traditional university-based
preparation program or assuming a limited teaching role as part of another
type of internship.
The proposed amendment to §228.10, relating to the approval process
for educator preparation programs, puts ACPs on notice that they are primarily
responsible for complying with new federal standards for alternative routes
to certification programs and ensuring that their participants meet applicable
federal standards for teachers to be "highly qualified."
The proposed amendments to §228.30, relating to the educator preparation
curriculum, reflect SBEC's progress toward a standards-based regulatory scheme
for preparation programs while ensuring that the manner in which programs
achieve standards complies with federal regulations related to "highly qualified"
teachers.
Steve Wright, Chief Financial Officer, State Board for Educator Certification,
has determined that, for the first five-year period the rules are in effect,
enforcing or administering the proposed amendments would not have foreseeable
implications relating to cost or revenues of state or local governments.
Dan Junell, General Counsel, State Board for Educator Certification, has
determined that, for each year of the first five years the rules are in effect,
the public benefits by providing a renewable supply of highly qualified teachers
prepared by alternative certification programs that comply with federal law,
thereby helping ensure Texas continues to receive federal funds for disadvantaged
students.
In accordance with Section 2001.022, Government Code, SBEC has determined
that the adopted rule will not impact local economies and, therefore, the
agency has not filed a request for a local employment impact statement with
the Texas Workforce Commission.
Implementation of the proposed rules will not affect small or micro businesses.
If adopted, the proposed rule would be a governmental action regulating
issuance of an educator certificate, a statutory privilege, issued by SBEC
under Chapter 21, Subchapter B, Education Code, and therefore would not affect
private real property under the Private Real Property Preservation Act (Chapter
2007, Government Code).
Comments regarding the proposed amendments may be submitted to Dan Junell,
General Counsel, State Board for Educator Certification, 4616 West Howard
Lane, Suite 120, Austin, Texas 78728, by facsimile transmission at (512) 238-3201,
or by e-mail at "dan.junell@sbec.state.tx.us."
The amendments are proposed under the statutory authority of
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),
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; §21.042,
which requires SBEC to submit proposed rules to the State Board of Education
for review prior to adoption; §21.044, which requires SBEC to propose
rules establishing the training requirements a person must accomplish to obtain
a certificate, enter an internship, or enter an induction-year program; §21.045(a),
which requires SBEC to propose rules establishing standards to govern the
approval and continuing accountability of all educator preparation programs; §21.049,
which requires SBEC to propose rules providing for educator certification
programs as an alternative to traditional educator preparation programs; §21.050,
which requires SBEC to provide for a minimum number of semester credit hours
of internship to be included in the hours needed for certification; and §21.051,
which requires SBEC to propose rules providing flexible options for persons
for any field experience or internship required for certification. The rules
are also proposed under the authority of 20 U.S.C. §7801(23), relating
to the definition of "highly qualified teacher," and 34 C.F.R. §200.56,
adopted under the authority of §7801(23) and which requires the State
to ensure federal standards for alternative routes to certification programs
and their participants are met through its certification process.
No other statutes, articles, or codes are affected by the proposed amendments.
§228.2.Definitions.
The following words and terms when used in this chapter shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Ongoing experiences--experiences that are continued and
built upon throughout the entire preparation program of study.
(2)
Relevant experiences--experiences that directly relate
to the certificate sought.
(3)
Field-based experiences--experiences in which the primary
activity of a candidate for certification is the performance of professional
educator activities while interacting with pre-kindergarten-Grade 12 students
and teachers and entity faculty/staff members in a school-related setting.
The professional activities include more than observation within a classroom.
The interaction with students, teachers, and entity faculty/staff must be
ongoing and relevant.
(4)
Teaching practicum--supervised
student teaching or internship with related duties and responsibilities.
(5)
Alternative certification program--an
approved educator preparation program, delivered by entities described in §228.20(a)
of this chapter, specifically designed as an alternative to a traditional
undergraduate certification program, for individuals already holding at least
a baccalaureate degree.
(6)
Teacher of record--an educator
employed by a school district who teaches at least one class period in an
academic instructional setting and is responsible for evaluating student achievement
and assigning grades.
§228.10.Approval Process.
(a)
New Entity Approval. Entities seeking initial approval
to deliver educator preparation shall submit a proposal in accordance with
guidelines established by the Executive Director, with evidence indicating
the ability to comply with the provisions of this chapter and Chapter 227
of this title (relating to Admission to an Educator Preparation Program).
The proposal must also identify the certificates proposed to be offered by
the entity. The proposal will be reviewed under procedures approved by the
executive director, and the executive director shall recommend to the Board
whether the entity should be approved or denied accreditation pursuant to
Chapter 229, §229.3(c) of this title (relating to the Accreditation Process).
(b)
Continuing Entity Approval. Entities approved by the State
Board for Educator Certification under this chapter shall be reviewed at least
once every five years under procedures approved by the executive director;
however, a review may be conducted at any time at the discretion of the executive
director. Entities accredited under a Texas State Partnership Agreement with
a national accrediting body shall be considered to have met the cyclical review
requirements, unless the executive director determines that a review conducted
by the SBEC is appropriate.
(c)
Addition of Certificate Fields.
(1)
Preparation programs which are fully accredited may request
by "letter of intent" additional certificate fields within the classes of
certificates for which they have been previously approved by the Board. The
Executive Director must approve the request.
(2)
Preparation programs which are fully accredited may request
the addition of certificate fields in a class of certificates that has not
been previously approved by the Board. Under guidelines established by the
Executive Director, the entity must present a full proposal for consideration
and approval by the Board.
(d)
Approval of all education preparation programs by the Board
or by the Executive Director, including each specific certificate field, is
contingent upon approval by other lawfully established governing bodies, such
as the Texas Higher Education Coordinating Board, boards of regents, or school
district boards of trustees.
Continuing program approval is contingent
upon compliance with superceding state or federal law or booth.
(e)
Denial of Approval. Entities that fail to meet the requirements
of this chapter; Chapter 227 of this title (relating to Admission to an Educator
Preparation Program); or Chapter 229 of this title (relating to Accountability
System for Educator Preparation), will not be approved to deliver educator
preparation.
§228.30.Educator Preparation Curriculum.
(a)
The educator [
(b)
Educator preparation entities shall provide evidence of
on-going and relevant field-based experiences
throughout the program
, as determined by the collaborative, in a variety of educational settings
with diverse student populations, including observation, modeling, and demonstration
of promising practices to improve student learning.
(c)
Prior to issuance of the Standard Certificate under Chapter
232, Subchapter
A
[
(1)
Undergraduate teacher certification
candidates, shall complete a minimum of 12 weeks of full-day teaching practicum.
Supervision shall be conducted with the structured guidance and regular ongoing
support of an experienced educator who has been trained as a mentor.
(2)
Alternative routes to teacher
certification shall provide a field-based practicum or internship that allows
the candidate either to serve as teacher of record on a probationary certificate,
in accordance with the conditions and requirements stipulated in §232.4
of this title for at least one school year, or to complete a teaching practicum
comparable to that required in an undergraduate teacher certification program
as described in this section. The internship shall include high quality professional
development that is sustained, intensive, and classroom focused. Supervision
shall be conducted with the structured guidance and regular ongoing support
of an experienced educator who has been trained as a mentor.
(3)
Programs preparing candidates
for classes of certificates other than classroom teacher shall provide either
a supervised field-based practicum or an internship that allows the candidate
to serve as an educator on a probationary certificate in accordance with the
conditions and requirements stipulated in §232.4 of this title, for candidates
to develop and to demonstrate the knowledge and skills related to the certificate
sought.
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 June 16, 2003.
TRD-200303670
William Franz
Executive Director
State Board for Educator Certification
Earliest possible date of adoption: July 27, 2003
For further information, please call: (512) 238-3280
The State Board for Educator Certification (SBEC) proposes changes
to 19 TAC Chapter 232, General Requirements Applicable to All Certificates
Issued: the repeal of subchapter M, Types and Classes of Certificates Issued,
including §232.500, Types of Certificates; §232.510, Classes of
Certificates; and §232.515, Development, Approval, Implementation, and
Evaluation of Teacher Certification Standards; and the addition of subchapter
A, Types and Classes of Certificates Issued, including §232.1, Types
of Certificates; §232.2, Classes of Certificates; §232.3, Development,
Approval, Implementation, and Evaluation of Teacher Certification Standards;
and §232.4, Probationary Certificates. The repeal of subchapter M, §§232.500,
232.510, 232.515 and additions of subchapter A, §§232.1 - 232.3
are being proposed to renumber the affected subchapter and sections.
Proposed new §232.4 would align SBEC's regulation of beginning teachers
serving on a probationary certificate while participating in an alternative
certification program with the requirements of the Elementary and Secondary
Education Act, Title I, as reauthorized and amended by the No Child Left Behind
Act of 2001 (NCLB Act) (Public Law 107-110). Section 232.4 is proposed in
conjunction with amendments to 19 TAC chapter 228, relating to requirements
for educator preparation programs, proposed elsewhere in this issue. The addition
of §232.4 and the amendments to chapter 228 are based on recommendations
made by representatives of alternative and traditional university-based certification
programs as well as a teacher's professional organization. SBEC received no
adverse testimony when the Board proposed the rules.
To implement the NCLB Act, the United States Department of Education (USDE)
has issued new regulations at 34 C.F.R. §200.56 setting standards for
alternative route to certification programs that provide beginning teachers
to public school programs supported with federal education funds intended
to improve academic achievement of the disadvantaged under Title I of the
Elementary and Secondary Education Act of 1965. The proposed rules would conform
SBEC's regulation of alternative certification programs (ACPs) to federal
standards for alternative route to certification programs.
Title I provides the state and districts funds to improve the academic
achievement of the disadvantaged. Under NCLB, public schools, including charter
schools, must ensure that any teacher hired after the first day of the 2002-2003
school year and who teaches a core academic subject in Title I-supported programs
is "highly qualified." By the end of the 2005-2006 school year, all teachers
of core academic subjects must be "highly qualified," regardless of whether
they are teaching in a program supported with Title I funds or not. USDE Rule
specifies the core academic subjects as English, reading or language arts,
mathematics, science, foreign languages, civics and government, economics,
arts (fine arts), history, and geography.
The new federal regulations define a "highly qualified" teacher to include
those participating in alternative route to certification programs that meet
certain standards. The proposed rules would conform SBEC's regulation of alternative
certification programs (ACPs) to federal standards and would enable holders
of SBEC's probationary certificate, which is issued to ACP participants serving
as the teacher of record, to be considered "highly qualified" under the NCLB
Act and USDE's implementing regulations.
The repeal of subsection (d) of §232.500 and its replacement with §232.4
provides a detailed rule governing probationary certificate holders for the
first time since SBEC repealed ACP and probationary certificate rules in 1999
and adopted one set of rules to regulate all preparation programs under the
same standards. Because new federal regulations, 34 C.F.R. §200.56(a)(2)(ii)(A),
however, set standards for "alternative routes to certification programs"
for purposes of deeming the beginning teachers who participate in them to
be "highly qualified," it is necessary for SBEC to propose commensurate state
rules. USDE regulation, 34 C.F.R. §200.56(a)(2)(ii)(B), requires SBEC
to reflect these federal standards for ACPs and probationary certificates
in board rules. Further, the proposed SBEC rules in chapters 228 and 232 will
ensure that probationary certificate holders are employable as "highly qualified"
beginning teachers by school districts.
Steve Wright, Chief Financial Officer, State Board for Educator Certification,
has determined that, for the first five-year period the rules are in effect,
enforcing or administering the proposed rules would not have foreseeable implications
relating to cost or revenues of state or local governments.
Dan Junell, General Counsel, State Board for Educator Certification, has
determined that, for each year of the first five years the rules are in effect,
the public benefits by providing a renewable supply of highly qualified teachers
prepared by alternative certification programs that comply with federal law,
thereby helping ensure Texas continues to receive federal funds for disadvantaged
students.
In accordance with Section 2001.022, Government Code, SBEC has determined
that the adopted rule will not impact local economies and, therefore, the
agency has not filed a request for a local employment impact statement with
the Texas Workforce Commission.
Implementation of the proposed rules will not affect small or micro businesses.
If adopted, the proposed rule would be a governmental action regulating
issuance of an educator certificate, a statutory privilege, issued by SBEC
under Chapter 21, Subchapter B, Education Code, and therefore would not affect
private real property under the Private Real Property Preservation Act (Chapter
2007, Government Code).
Comments regarding the proposed rules may be submitted to Dan Junell, General
Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite
120, Austin, Texas 78728, by facsimile transmission at (512) 238-3201, or
by e-mail at "dan.junell@sbec.state.tx.us."
Subchapter A. TYPES AND CLASSES OF CERTIFICATES ISSUED
proficiencies and
] standards adopted
by the board shall be the curricular basis for all educator preparation and,
for each certificate, address the relevant knowledge and skills adopted by
the State Board of Education pursuant to the Texas Education Code (TEC) §28.002(c)-(d).
In addition, the preparation of all candidates for certification must include
the specified requirements for reading instruction adopted by the Board for
each certificate. Entities shall ensure that all preparation, including field-based
experiences, comply with this subsection.
M
] of this title (relating to the
Types and Classes of Certificates Issued), the preparation program shall require
all candidates for certification to complete a
field-based
[
minimum of 12 weeks of full day teaching
] practicum
in the area
and at the level for which the certificate is sought
.
Chapter 232.
GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED