Adopted Rules Title 19

TITLE 19. EDUCATION

PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

SUBCHAPTER C. ASSESSMENT OF EDUCATORS

The State Board for Educator Certification (SBEC) adopts an amendment to 19 Texas Administrative Code (TAC) §230.25, concerning test exemptions for persons with a hearing impairment. The amendment is adopted with a change since published as proposed in the December 30, 2022 issue of the Texas Register (47 TexReg 8848) and will be republished. The adopted amendment creates a carve-out for the Science of Teaching Reading (STR) examination, removing the requirement that a candidate be unable to process only written linguistic information to allow an exemption; removes the requirement that to qualify for an exemption, a person who is already certified in another state and seeking a one-year certificate in Texas must have a recommendation from an SBEC-approved Texas educator preparation program (EPP); and eliminates the limitation that persons who qualify for an exemption to one certification examination cannot ever take another certification examination unless they have regained their ability to process written linguistic information.

REASONED JUSTIFICATION: Texas Education Code (TEC), §21.048(b) and (d), require the SBEC to give exemptions from required written examinations for persons with hearing impairments. TEC, §21.048(d), defines hearing impairment as "so severe that the person cannot process linguistic information with or without amplification." The SBEC has tailored this to the context of written exams in 19 TAC §230.25(b)(1) to require proof "that the person cannot process written linguistic information."

Since 19 TAC §230.25(b)(1) was last revised, the Texas Legislature has created TEC, §21.048(a-2), which requires that in order to teach Prekindergarten-Grade 6, a person must have passed the STR examination. The STR examination is different from the other written certification examinations the SBEC requires, in that it requires the test-taker to listen to recorded speech and phonetic sounds and answer written questions about them. Since this examination requires that test-takers be able to hear and process the linguistic information on the recording without any subtitles or other written translation indicating the errors in the speech, the exemption for individuals who are unable to process only written linguistic information is insufficient to address the difficulty that candidates who are Deaf or Hard of Hearing face when attempting the STR examination. To address this issue, the adopted amendment to §230.25(b)(1) and adopted new §230.25(b)(1)(A) and (B) create a carve-out for the STR examination to allow an exemption for any person who is unable to process any linguistic information with or without amplification--not only written linguistic information. The adopted amendment maintains the requirement that a candidate be unable to process written linguistic information to qualify for an exemption for the other SBEC-required certification examinations, which do not include a listening component that requires interpretation of phonetic sounds.

The adopted amendment to §230.25(b)(2) and (d) removes the requirement that to qualify for an exemption, a person who is already certified in another state and seeking a one-year certificate in Texas in accordance with 19 TAC Chapter 230, Subchapter H, Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States, must have a recommendation from an SBEC-approved Texas EPP. This amendment allows candidates who are Deaf or Hard of Hearing who have already been vetted and certified in other states to get certified and begin teaching in Texas without incurring the additional time and expense required to get approval from a Texas EPP, which is not required of out-of-state candidates who are Deaf or Hard of Hearing.

The adopted amendment to §230.25(c) creates a relettering of subsections (c) and (d) and eliminates the limitation that persons who qualify for an exemption to one certification examination cannot ever take another certification examination unless they have regained their ability to process written linguistic information. The SBEC initially enacted this prohibition to prevent persons who are Deaf or Hard of Hearing from attaining certification in areas for which they were not qualified. In practice, however, it prevents qualified educators who are Deaf or Hard of Hearing from attaining more than one certification and from advancing their careers with administrator certifications. The number of individuals who request an exemption based on hearing impairment averages fewer than 20 annually. Given that Texas certifies approximately 20,000-30,000 educators every year, this small minority of educators who are Deaf or Hard of Hearing will not significantly harm the Texas education system, even if a few attain certificates through waived examinations for which they are not qualified.

At adoption and in response to public comment, the SBEC changed the amended language of 19 TAC §230.25(b)(1)(A) to add "auditory" to create a contrast with "written" in 19 TAC §230.25(b)(1)(B) to clarify the difference between the types of linguistic information presented by the STR examination as compared with the other written educator certification examinations.

SUMMARY OF COMMENTS AND RESPONSES. The public comment period on the proposal began December 30, 2022, and ended January 30, 2023. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the February 10, 2023 meeting in accordance with the SBEC board operating policies and procedures. The following public comments were received on the proposal.

Comment: Twelve individuals and the Texas School for the Deaf commented in support of the proposed amendment, noting that the portion of the STR examination that involves listening to a child reading a book in a video is not accessible for candidates who are Deaf or Hard of Hearing, making it unfairly difficult or even impossible for candidates who are Deaf or Hard of Hearing to pass the STR examination.

Response: The SBEC agrees. The listening portion of the examination is not accessible to individuals who are Deaf or Hard of Hearing, even if those individuals are able to read and write. An exemption from the STR examination is therefore necessary for a candidate with a hearing impairment, regardless of whether the candidate is able to process written linguistic information.

Comment: The Texas School for the Deaf and one individual commented in support of the proposed amendment to remove "written" from the description of hearing impairments that would be exempt from taking the STR examination. The commenters recommended that the SBEC add "access auditory" instead of "process" in proposed 19 TAC §230.25(b)(1)(A), so that the phrase would read "the person cannot access auditory linguistic information with or without amplification."

Response: The SBEC agrees Adding "auditory" to 19 TAC §230.25(b)(1)(A) would create a contrast with "written" in 19 TAC §230.25(b)(1)(B) to clarify the difference between the types of linguistic information presented by the STR examination as compared with the other written educator certification examinations. However, the authorizing statute, Texas Education Code (TEC) §21.048(d)(1), allows the examination exemption when "the person cannot process linguistic information with or without amplification." It is therefore necessary to maintain "cannot process" rather than "cannot access" as the verb in the rule.

Comment: Five individuals commented in support of the proposed amendment because many of the methods of teaching reading tested on the STR examination such as phonics cannot be used to teach reading to students who are Deaf or Hard of Hearing that are usually assigned to educators who are Deaf or Hard of Hearing.

Response: The SBEC agrees. Candidates who are Deaf or Hard of Hearing should not be required to take an examination that requires listening to and identifying phonetic mistakes in a student's reading, since that portion of the examination would be inaccessible to them and tests on a teaching method they would not use as educators.

Comment: Two individuals and the Texas School for the Deaf commented in support of the proposed amendment that eliminates the prohibition on hearing-impaired educators receiving an examination exemption more than once. The commenters stated that the current rule is unfair to educators who are Deaf or Hard of Hearing because it prevents them from changing careers or advancing within the education profession. The commenters also noted that school district administrators can evaluate candidate's qualifications and abilities when making hiring decisions.

Response: The SBEC agrees. Qualified hearing-impaired educators should not be prohibited from either attaining more than one certification or from advancing their careers with administrator certifications. Given the small number of individuals who apply for examination exemptions for hearing impairment each year, allowing individuals who are hearing impaired to attain more than one certification through an examination waiver will not have a significant impact on the overall preparedness of educators in Texas.

Comment: One individual commented in opposition to the proposed amendment, stating that teachers certified in another state such as Arizona or Oklahoma should be exempt from taking the STR examination, even if the teacher did not take an STR examination to get certified.

Response: The SBEC disagrees. TEC, §21.048(a-2), requires that anyone certified in Texas after January 1, 2021, to teach Prekindergarten-Grade 6 must have passed an STR examination, regardless of whether they were previously certified in another state. The commissioner of education has created exception from the STR examination requirement in 19 TAC §152.1001(c)(2)(B) for educators who were previously certified in states that require a similarly rigorous examination on the science of teaching reading for certification. Oklahoma is among the listed states, but Arizona is not. However, any Oklahoma-certified candidate who achieved certification without taking the Oklahoma STR examination would not meet the requirements for the exemption, or the statutory requirement for certification. SBEC does not have the statutory authority to create an exception to the STR examination requirement for out-of-state educators who have not taken an STR examination for certification in the other state.

Comment: The Texas School for the Deaf commented in opposition to the proposed amendment because it preserves the existing requirement that a licensed audiologist issue a report "addressing the relationship between the candidate's age at the onset or diagnosis of hearing loss and the candidate's ability to process linguistic information." The Texas School for the Deaf noted that audiologists are not generally trained to judge a person's ability to process language, only to test and to document a person's hearing levels on an audiogram.

Response: The SBEC disagrees. The requirement for the audiologist's analysis is not significantly changed by the amendment and has been in place for several years. During that time, candidates have been able to get reports with the required information from audiologists and to attain exemptions.

Comment: The Texas School for the Deaf commented in opposition to the use of the term "hearing impaired" in the proposed rules.

Response: The SBEC disagrees. The authorizing statute that provides the SBEC rulemaking authority for this amendment, TEC, §21.048, uses the term "hearing impairment" and defines it to mean "a hearing impairment so severe that the person cannot process linguistic information with or without amplification."

The State Board of Education (SBOE) took no action on the review of the amendment to §230.25 at the April 14, 2023 SBOE meeting.

STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public-school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(a),which allows SBEC to adopt rules as necessary for its own procedures; TEC, §21.041(b)(1)-(4), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; and requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; the period for which each class of educator certificate is valid; and the requirements for the issuance and renewal of an educator certificate; TEC, §21.045(a)(1), which authorizes the SBEC to propose rules necessary to establish standards to govern the continuing accountability of all EPPs based on the following information that is disaggregated with respect to race, sex, and ethnicity: results of the certification examinations prescribed under the TEC, §21.048(a); TEC, §21.048(a) and (a-2), which state that the SBEC shall propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC and that all candidates teaching prekindergarten through grade six must demonstrate proficiency in the science of teaching reading on a certification examination; and TEC, §21.048(b), (c), and (d),which state that the SBEC may not administer a written examination to an educator who has a hearing impairment unless the examination has been field tested to determine its appropriateness, reliability and validity for persons with hearing impairments. It defines "hearing impairment" as "so severe that the person cannot process linguistic information with or without amplification;" that an educator who has a hearing impairment is exempt from taking a written examination for a period ending on the first anniversary of the date on which the SBEC determines, on the basis of appropriate field tests, that the examination complies with the standards specified in subsection (b) of this section; and that the definitions for hearing impairment, reliability, and validity when used in the TEC, §21.048.

CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.031; 21.041(a) and (b)(1)-(4); 21.045(a)(1); and 21.048(a), (a-2), (b), (c), and (d).

§230.25.Test Exemptions for Persons with a Hearing Impairment.

(a) A candidate who has a hearing impairment may request exemption from educator certification and competence examinations that have not been field-tested for appropriateness, reliability, and validity as applied to persons with hearing impairments.

(b) A request for such an exemption shall include:

(1) a report by a licensed audiologist dated no more than one year from the date of the request for the exemption, addressing the relationship between the candidate's age at the onset or diagnosis of hearing loss and the candidate's ability to process linguistic information, and documenting that the candidate has a hearing impairment so severe that:

(A) for a person requesting an exemption from the Science of Teaching Reading (STR) examination, the person cannot process auditory linguistic information with or without amplification; or

(B) for a person requesting an exemption to an examination other than the STR examination, the person cannot process written linguistic information; and

(2) for candidates who are not seeking certification under Chapter 230, Subchapter H, of this title (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States), a recommendation for exemption and certification of the candidate by an approved Texas educator preparation program (EPP). The recommendation shall be based on the EPP's determination of the candidate's qualification for the exemption and competency in each certification class and category in which certification is sought. The EPP shall make and document its determination of educator standards competency, as follows:

(A) by reviewing and approving transcripts from an accredited institution of higher education that demonstrate that the candidate has completed 24 semester credit hours in the educator standards, including 12 semester credit hours of upper division coursework, and documenting that the coursework is aligned to the Texas educator standards;

(B) if an EPP uses an alternative assessment to measure competency in any certification class and category in which a certification is being sought, by documenting the method and validity of the means of assessment, the results of the assessment, and the alignment of the assessment to the applicable Texas educator standards; and

(C) for the Texas pedagogy and professional responsibilities examination, by documenting successful completion of EPP coursework and training covering educator standards for the grade level for which certification is sought.

(c) This section does not affect the procedures for one-year certificates, extensions, and permits based on out-of-state credentials pursuant to §230.113 of this title (relating to Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States).

(d) As with other EPP completion and admission documentation under §228.40 of this title (relating to Assessment and Evaluation of Candidates for Certification and Program Improvement), all documentation required under this section shall be retained by an EPP for five years and is subject to audit by Texas Education Agency staff.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 21, 2023.

TRD-202301439

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Effective date: May 11, 2023

Proposal publication date: December 30, 2022

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

CHAPTER 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §§233.1 - 233.3, 233.5, 233.8, 233.10, 233.14, 233.15

The State Board for Educator Certification (SBEC) adopts amendments to 19 Texas Administrative Code (TAC) §§233.1-233.3, 233.5, 233.8, 233.10, 233.14, and 233.15, concerning categories of classroom teaching certificates. The amendments are adopted without changes to the proposed text as published in the December 30, 2022 issue of the Texas Register (47 TexReg 8850) and will not be republished. The adopted amendments remove certificates no longer issued by the SBEC; strike, where applicable, language referencing deadlines for use of test scores for certificate issuance; add three new special education certificates into rule; update language specific to licensure requirements for cosmetology certification; and propose the addition of a new foreign language certificate to the list of credentials issued by the SBEC. Technical changes also provide clarification and consistent information related to the classroom teacher certificates issued by the SBEC.

REASONED JUSTIFICATION: The SBEC rules in 19 TAC Chapter 233, Categories of Classroom Teaching Certificates, establish separate certificate categories within the certificate class for the classroom teacher. These categories identify the content area or special population the holder may teach, the grade levels the holder may teach, and the earliest date the certificate may be issued.

Following is a description of the proposed amendments.

§233.1. General Authority.

The adopted amendment in 19 TAC §233.1(e) deletes references to use of test scores for certificate issuance and applicability of catastrophic illness and military service since these provisions are addressed in other SBEC rules. The adopted amendment also ensures that there is clarity around required tests for certification and deadlines for certificate issuance as reflected in Figure §230.21(e) of 19 TAC Chapter 230, Subchapter C, Assessment of Educators.

§233.2. Early Childhood; Core Subjects.

The adopted amendment in §233.2(b) Core Subjects: Early Childhood-Grade 6 and §233.2(c) Core Subjects: Grades 4-8 certificates deletes these certificate references since they are no longer credentials issued by the SBEC. The adopted amendment in §233.2(d) Core Subjects with Science of Teaching Reading: Early Childhood-Grade 6 certificate deletes references to use of passing scores on Core Subjects examinations and related deadlines for purposes of certificate issuance. The remaining rules in this section are lettered subsections (b) and (c).

§233.3. English Language Arts and Reading; Social Studies.

The adopted amendment to §233.3(a) English Language Arts and Reading: Grades 4-8 and §233.3(d) English Language Arts and Reading/Social Studies: Grades 4-8 certificates deletes these certificate references since they are no longer issued by the SBEC. The adopted amendment to §233.3(b) also deletes references to use of passing scores on the 117 ELAR 4-8 TExES examination and related deadlines for purposes of certificate issuance. The remaining rules in this section are lettered subsections (a)-(h).

§233.5. Technology Applications and Computer Science.

The adopted amendment to §233.5(a) deletes the reference to the Technology Applications: Grades 8-12 certificate that is no longer issued by the SBEC. The remaining rules in this section are lettered subsections (a) and (b).

§233.8. Special Education.

The adopted amendment adds the following three new special education certificates into rule: §233.8(a), Core Subjects with Science of Teaching Reading/Special Education: Early Childhood-Grade 6; §233.8(b), Deafblind Supplemental: Early Childhood-Grade 12; and §233.8(d), Special Education Specialist: Early Childhood-Grade 12. The adopted addition of these new certificates reflects years of work completed by Texas Education Agency (TEA) staff and stakeholders in developing new special education standards approved by the SBEC and honors the continuing test development work completed by stakeholders and advisory committees. The adopted amendment also specifies that the new special education certificates would be issued by the SBEC no earlier than September 1, 2025, and September 1, 2026, accordingly. The remaining rules in this section are lettered subsections (c)-(g).

§233.10. Fine Arts.

The adopted amendment to §233.10(d) deletes the Dance: Grades 8-12 certificate that is no longer issued by the SBEC. The remaining rules in this section are lettered subsection (d).

§233.14. Career and Technical Education (Certificates requiring experience and preparation in a skill area).

The adopted amendment to §233.14(d)(2), Trade and Industrial Education: Grades 6-12 certificate, provides a technical edit by clarifying the acronym, NOCTI, which refers to the National Occupational Competency Testing Institute. NOCTI's teacher assessments are designed to measure an individual's knowledge of high-level concepts, theories, and applications in specific technical areas and to evaluate individuals with a combination of education, training, and work experiences. The adopted amendment also updates references to the credentials that must be held by a cosmetology teacher (i.e., a valid Cosmetology Operator license or Class A Barber Operator license) and aligns with legislation to eliminate the outdated reference to a current cosmetology instructor license issued by the Texas Department of Licensing and Regulation.

The adopted amendment to §233.14(d)(3) clarifies that individuals seeking initial certification in Trade and Industrial Education: Grades 6-12 certificate satisfies the required years of classroom teaching experience on an intern or probationary certificate, and not on an emergency permit. The emergency permit reference is removed because SBEC rules do not allow the experience serving on that credential to count toward completion of EPP preparation and certification requirements for licensure. This amendment aligns with other SBEC rules and does not reflect a change in procedures.

§233.15. Languages Other Than English.

Adopted new §233.15(a)(14), Tamil: Early Childhood-Grade 12, adds a new foreign language certificate area to the list of certificates to be issued by the SBEC no earlier than September 1, 2025. The addition of the Tamil certificate addresses a petition for a new certificate area from 2018 and aligns with the certification examination and corresponding implementation date being added as an amendment to Figure: 19 TAC §230.21(e) in 19 TAC Chapter 230, Professional Educator Preparation and Certification, Subchapter A, General Provisions, and Subchapter C, Assessment of Educators, presented to the SBEC for discussion at its February 2023 meeting. The adopted deletion of §233.15(15), Urdu: Early Childhood-Grade 12, removes this credential from the list of certificates issued by the SBEC as standards or test development activities were never initiated for this certificate area. The remaining rules are numbered paragraphs (15) and (16).

Comment: One individual and the Texas Tamil Academy commented in support of the proposed amendments because they open a pathway for a Tamil educator certification and for high school-level courses in Tamil that allow students to learn about Tamil language and culture while still in high school.

Response: The SBEC agrees.

Comment: One individual commented in opposition to striking from rule the certificates that the SBEC no longer offers and expressed concern that the proposed amendments would mean that educators would lose these certificates if they already held them.

Response: The SBEC disagrees. Removing certificate categories from this rule only means that the SBEC will no longer issue them. Any educator who has previously earned a certificate will keep the certificate, and it will remain a valid credential that allows the educator to teach in Texas public schools as long as the educator continues to renew it.

Comment: The Texas Council of Administrators of Special Education commented neither in support nor in opposition to the proposed amendments but requested that consideration be given in the future regarding how the new special education certificates are implemented in Chapter 231.

Response: The SBEC disagrees. The comment is outside the scope of the proposed rulemaking; however, TEA staff will consider this feedback for future rulemaking under the jurisdiction of the SBEC.

The State Board of Education (SBOE) took no action on the review of amendments to §§233.1-233.3, 233.5, 233.8, 233.10, 233.14, and 233.15 at the April 14, 2023 SBOE meeting.

STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §21.003(a), which states that a person may not be employed as a teacher, teacher intern or teacher trainee, librarian, educational aide, administrator, educational diagnostician, or school counselor by a school district unless the person holds an appropriate certificate or permit issued as provided by the TEC, Chapter 21, Subchapter B; TEC, §21.031, which authorizes the SBEC to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators, and states that in proposing rules under the TEC, Chapter 21, Subchapter B, the SBEC shall ensure that all candidates for certification or renewal of certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state; TEC, §21.041(b)(1), which requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B; TEC, §21.041(b)(2), which requires the SBEC to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; TEC, §21.041(b)(3), which requires the SBEC to propose rules that specify the period for which each class of educator certificate is valid; TEC, §21.041(b)(4), which requires the SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; TEC, §21.041(b)(6), which requires the SBEC to propose rules that provide for special or restricted certification of educators, including certification of instructors of American Sign Language; TEC, §21.044(e), which provides the requirements that SBEC rules must specify for a person to obtain a certificate to teach a health science technology education course; TEC, §21.044(f), which provides that SBEC rules for obtaining a certificate to teach a health science technology education course shall not specify that a person must have a bachelor's degree or establish any other credential or teaching experience requirements that exceed the requirements under TEC, §21.044(e); TEC, §21.0442, which requires the SBEC to create an abbreviated educator preparation program (EPP) for trade and industrial workforce training; TEC, §21.048(a), which requires the SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the SBEC. TEC, §21.048(a), also specifies that the commissioner of education shall determine the satisfactory level of performance required for each certification examination and require a satisfactory level of examination performance in each core subject covered by the generalist certification examination; TEC, §21.048(a-2), which requires the SBEC to adopt rules to require individuals teaching any grade level from Prekindergarten-Grade 6 to demonstrate proficiency in the science of teaching reading; TEC, §21.0487, which requires the SBEC to establish a standard Junior Reserve Officer Training Corps teaching certificate; TEC, §21.0489, which requires the SBEC to create a Prekindergarten-Grade 3 certificate; TEC, §21.0491, which requires the SBEC to create a probationary and standard trade and industrial workforce training certificate; and TEC, §22.0831(f)(1) and (2), which state the SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.003(a); 21.031; 21.041(b)(1)-(4) and (6); 21.044(e) and (f); 21.0442; 21.048(a) and (a-2); 21.0487; 21.0489; 21.0491; and 22.0831(f)(1) and (2).