Part 2. TEXAS EDUCATION AGENCY

Chapter 102. EDUCATIONAL PROGRAMS

Subchapter HH. COMMISSIONER'S RULES CONCERNING TEXAS GOVERNOR'S SCHOOLS

19 TAC §102.1101

The Texas Education Agency (TEA) proposes new §102.1101, concerning the Texas Governor's Schools Program. The proposed new section would implement the requirements of the Texas Education Code (TEC), Chapter 29, Educational Programs, Subchapter D, Educational Programs for Gifted and Talented Students, §29.124, Texas Governor's Schools, as added by House Bill (HB) 1, 79th Texas Legislature, Third Called Session, 2006. The TEC, §29.124, requires the commissioner of education to adopt rules for the implementation of the Texas Governor's Schools Program.

HB 1, 79th Texas Legislature, Third Called Session, 2006, amended the TEC, Chapter 29, by adding §29.124, authorizing the establishment of Texas Governor's Schools, summer programs for advanced students to study mathematics, science, the humanities, leadership, and/or public policy. The statute also requires the commissioner of education by rule to establish application requirements for Texas Governor's Schools to receive funding. The legislation requires the application to include certain information including curriculum statements, criteria for selecting students, and a statement of the length and location of the program.

The proposed new 19 TAC §102.1101, Texas Governor's Schools Program, would set forth the program's purpose and address student and institution eligibility, funding, and award of credit. The proposal would also establish that the commissioner of education will designate the responsibility for administering the Texas Governor's Schools Program to the Texas Higher Education Coordinating Board (THECB) through an interagency contract.

Susan Barnes, Associate Commissioner for Standards and Alignment, has determined that for the first five-year period the new section is in effect there will be fiscal implications for state government as a result of enforcing or administering the new section. The proposed new rule would implement statutorily-established funding. Texas Education Code, §29.124(e), specifies that from funds appropriated to the agency, the commissioner may make a grant in an amount not to exceed $750,000 each year to public senior colleges or universities whose applications are approved under this section to pay the costs of administering a Texas Governor's School. Through an interagency contract, the commissioner of education and the commissioner of higher education have agreed that the Texas Governor's Schools Program will be funded and administered entirely by the THECB. There will be no fiscal implications for local government.

Dr. Barnes has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the new section will be the opportunity for qualified students to participate in advanced summer enrichment programs. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed new section.

The public comment period on the proposal begins March 30, 2007, and ends April 29, 2007. 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 rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed new section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.

The new section is proposed under the Texas Education Code, §29.124, which requires the commissioner of education to adopt rules for the implementation of the Texas Governor's Schools Program.

The new section implements the Texas Education Code, §29.124.

§102.1101.Texas Governor's Schools Program.

(a) Purpose. In accordance with the Texas Education Code (TEC), §29.124, the purpose of the Texas Governor's Schools Program is to establish summer residential programs for high-achieving high school students at public senior colleges or universities.

(b) Student eligibility. To be considered for participation in a Texas Governor's School, a student must be:

(1) high-achieving in the educational curricula area served by the Texas Governor's School to which he or she applies;

(2) enrolled in Grade 10 or 11 at the time of application; and

(3) enrolled in a Texas public high school or open-enrollment charter school at the time of application.

(c) Institution eligibility. Public senior colleges and universities, as defined in the TEC, §61.003, are eligible to apply to implement a Texas Governor's School.

(d) Funding.

(1) The amount of funding awarded to each approved Texas Governor's School shall be determined by the commissioner of higher education.

(2) The funds shall be distributed to each approved Texas Governor's School in a manner and time to be prescribed by the commissioner of higher education.

(e) Award of credit.

(1) Approved Texas Governor's Schools may offer college credit courses as part of their program.

(2) Approved Texas Governor's Schools may offer dual credit courses in accordance with §74.25 of this title (relating to High School Credit for College Courses) as part of their program.

(3) Approved Texas Governor's Schools may not award high school credit.

(4) The home high school of a participating student may award high school credit to a student who successfully completes a Texas Governor's School course only through compliance with §74.26 of this title (relating to Award of Credit).

(f) Administration. Through an interagency contract, the commissioner of education shall designate the responsibility for administering the Texas Governor's Schools Program to the Texas Higher Education Coordinating Board (THECB). The interagency contract shall include assurances from the THECB that the Texas Governor's Schools Program shall be administered in accordance with the TEC, §29.124.

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 19, 2007.

TRD-200701078

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Earliest possible date of adoption: April 29, 2007

For further information, please call: (512) 475-1497

Chapter 228. REQUIREMENTS FOR EDUCATOR PREPARATION PROGRAMS

19 TAC §228.10

The State Board for Educator Certification (SBEC) proposes an amendment to §228.10, relating to requirements for educator preparation programs. The section addresses the approval process for requesting additional certificate fields. The proposed amendment would update the process for requesting additional certificate fields to ensure that educator preparation programs have the capacity to offer support, training, and quality coursework for candidates.

Texas Education Code (TEC), §21.049, authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional educator preparation programs. The rule in 19 TAC §228.10, Approval Process, specifies the current process for approving new and continuing entities, adding certificate fields for fully accredited programs, and denying approval. The rule also specifies approval contingent on compliance with state and/or federal law and approval of other lawfully established governing bodies.

Section 228.10(c) establishes that programs fully accredited may request by "letter of intent" the addition of certificate fields within the classes of certificates for which they have been previously approved by the SBEC. The rule also currently states that the request must be approved by the executive director.

The current approval process in the rule is meant to save time; however, the process does not ensure that educator preparation programs have the staff and resources to adequately support the candidates in the additional certificate fields. Although most new program proposals only request one or few certificate fields, the practice has been to add other fields using the "letter of intent" process authorized in 19 TAC §228.10(c)(1). Research conducted by Educator Standards staff at the Texas Education Agency revealed that the 19 educator preparation programs currently rated "Accredited Preliminary Status" have added 321 additional certificate fields. Eight of those programs added the certificate fields following SBEC board action taken on May 6, 2005, that allowed the executive director to grandfather educator preparation programs between January and March 2005 by way of letters of intent. Research also identified eight educator preparation programs that added 138 certificate fields contrary to the rule.

The proposed amendment to 19 TAC §228.10 would modify the current process for educator preparation programs to add certificate fields to allow for higher standards. The proposed amendment would add language to §228.10(c)(1) requiring that requests for additional certificate fields include a curriculum alignment matrix, as required in the initial proposal, and supporting documentation of staff expertise in the additional certificate field. Only educator preparation programs that have a current "Accredited" rating may submit requests for additional certificate fields. The "Accredited" rating is determined by the student pass rates on approved certificate area examinations as indicated by the annual accountability rating in the Accountability System for Educator Preparation (ASEP), codified in 19 TAC Chapter 229. The ASEP would include certificate fields under 19 TAC §229.4 beginning in spring 2007.

Throughout 19 TAC §228.10, "executive director" would be changed to "Texas Education Agency staff" to reflect the assignment of the SBEC's administrative functions and services to the Texas Education Agency in TEC, §21.035. Proposed new subsection (c)(3) has been added to track that statutory assignment. In addition, House Bill 1116, 79th Texas Legislature, Regular Session, 2005, repealed TEC, §21.039, which established the SBEC executive director position. Other technical edits, such as changing "board" to "State Board for Educator Certification," would also be recommended for clarity. Changes in 19 TAC §228.10 regarding the approval process for additional certificate fields may impact procedures for staff reviewing the requests.

Dr. Raymond Glynn, acting associate commissioner for educator quality and standards, has determined that for each year of the first five years the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.

Dr. Glynn has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be the implementation of higher standards to ensure that educator preparation program participants receive the support necessary for success, resulting in a positive impact on students. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment.

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 amendment 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 amendment is proposed under TEC, §21.031(a), which vests the 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, in a manner consistent with that subchapter; §21.041(b)(2), which requires the SBEC to specify the classes of certificates to be issued; §21.044, which requires the SBEC to propose rules establishing the training requirements and minimum academic qualifications required for a certificate; §21.045(a), which requires the SBEC to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs; and §21.049, which authorizes the SBEC to adopt rules providing for educator certification programs as an alternative to traditional educator preparation programs.

The proposed amendment implements TEC, §§21.031(a), 21.041(b)(1) and (2), 21.044, 21.045(a), and 21.049.

§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 Texas Education Agency (TEA) staff [ Executive Director], with evidence indicating the ability to comply with the provisions of this chapter and Chapter 227 of this title (relating to Provisions for Educator Preparation Students [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 TEA staff [executive director], and the TEA staff [executive director] shall recommend to the State Board for Educator Certification (SBEC) [Board] whether the entity should be approved or denied accreditation pursuant to [Chapter 229,] §229.3(c) of this title (relating to The [the] Accreditation Process).

(b) Continuing Entity Approval. Entities approved by the SBEC [ State Board for Educator Certification] under this chapter shall be reviewed at least once every five years under procedures approved by the TEA staff [executive director] ; however, a review may be conducted at any time at the discretion of the TEA staff [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 TEA staff [ 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 by submitting appropriate documentation to meet the curriculum and staff support criteria established by the TEA staff. The requested additional certificate fields must be within the classes of certificates for which the entities [they] have been previously approved by the SBEC [ 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 SBEC [Board]. Under guidelines established by the TEA staff [Executive Director ], the entity must present a full proposal for consideration and approval by the SBEC [Board].

(3) For purposes of this section, "TEA staff" means staff of the Texas Education Agency assigned by the commissioner of education to perform the SBEC's administrative functions and services.

(d) Contingency of Approval. Approval of all educator [education] preparation programs by the SBEC [Board] or by the TEA staff [ 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 superseding [superceding] state or federal law or both [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.

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 19, 2007.

TRD-200701049

Raymond Glynn

Acting Associate Commissioner, Educator Quality and Standards

State Board of Educator Certification

Earliest possible date of adoption: April 29, 2007

For further information, please call: (512) 475-1497