PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION

CHAPTER 229. ACCOUNTABILITY SYSTEM FOR EDUCATOR PREPARATION PROGRAMS

19 TAC §§229.1, 229.3, 229.4, 229.6, 229.7

The State Board for Educator Certification (SBEC) adopts amendments to 19 Texas Administrative Code (TAC) §§229.1, 229.3, 229.4, 229.6, and 229.7, concerning the performance standards and procedures for educator preparation program (EPP) accountability. The amendments are adopted without changes since published as proposed in the August 18, 2023 issue of the Texas Register (48 TexReg 4467) and will not be republished. The adopted amendments provide for adjustments to the 2022-2023 Accountability System for Educator Preparation (ASEP) Manual, clarify the system for accreditation assignments, clarify provisions for continuing approval reviews, and include technical updates.

REASONED JUSTIFICATION: EPPs are entrusted to prepare educators for success in the classroom. Texas Education Code (TEC), §21.0443, requires EPPs to adequately prepare candidates for certification. Similarly, TEC, §21.031, requires the SBEC to ensure candidates for certification demonstrate the knowledge and skills necessary to improve the performance of the diverse student population of this state. TEC, §21.045, also requires SBEC to establish standards to govern the continuing accountability of all EPPs. The SBEC rules in 19 TAC Chapter 229 establish the process used for issuing annual accreditation ratings for all EPPs to comply with these provisions of the TEC and to ensure the highest level of educator preparation, which is codified in the SBEC Mission Statement.

Following is a description of the adopted amendments to 19 TAC Chapter 229.

§229.1. General Provisions and Purpose of Accountability System for Educator Preparation Programs.

Update of ASEP Manual:

The adopted amendment to Figure: 19 TAC §229.1(c) updates the ASEP manual as follows:

Updates to the title update the appropriate date to the 2022-2023 academic year.

Technical edits to the table of contents update the title of Chapter 7 to match the corresponding change in the manual and capitalize the title of Chapter 5 to apply style standards for capitalization.

Updates to Chapter 1 update the appropriate date to the 2022-2023 academic year.

Updates to Chapter 2 update the small group aggregation to align with 19 TAC §229.4(c)(4) that provides that an EPP with a three-year cumulated group that is fewer than ten individuals, the group will be measured against the performance standard of the current year or an alternative performance standard of up to one candidate failing to meet the requirement, whichever is more favorable to the EPP. This allows an EPP to miss the standard by one candidate without failing the performance standard for accountability purposes. The update also includes a diagram to provide a demonstration of the small group aggregation to provide transparency to the field.

Updates to Chapter 3 update the appropriate dates to the 2022-2023 academic year. Additionally, an unnecessary year designation would be removed to simplify the annual update process.

Updates to Chapter 4 provide a technical edit to correct the cross-reference to 19 TAC §229.2(19), regarding the definition of first-year teacher. Updates also clarify that only teachers on standard, intern, and probationary certificates are included in the population of individuals that principals will complete surveys regarding preparation. This provides additional transparency to the field.

Updates to Chapter 5 provide a technical edit to correct the worked example.

Updates to Chapter 6 replace the term "license" with the term "certificate" to clarify that individuals apply for a teaching certificate, not license. This provides consistency of language. Updates also clarify that surveys related to Indicator 4b are only associated with individuals in the academic year in which they have been issued a certificate. This provides clarity to the field that although candidates submit a survey when they apply for their certificate, the survey is not used for accountability purposes until the academic year in which they are issued that certificate.

Updates to Chapter 7 add "Evaluation of Educator Preparation Programs by Teachers" to "New Teacher Satisfaction" in the title and the summary paragraph. This update was recommended by stakeholders to communicate the importance of the instrument for the purpose of increasing response rates. It also aligns with how the instrument is described to teachers. Updates also clarify that beginning in the 2023-2024 academic year, the population included in new teachers submitting a survey will align with the same population as the principal survey. This was recommended by stakeholders and ensures consistency in which individuals are included in surveys related to EPP accountability.

Updates to Chapter 8 provide a technical edit to replace the term "petition" with the term "application" to align with the term regarding EPP commendation, Innovative Educator Preparation.

Updates to Chapter 9 shift language about the applicability of the Index system from an option for status determination to the way that the status determination is made. This aligns with the contents of updated 19 TAC §229.4(b).

§229.3. Required Submissions of Information, Surveys, and Other Data.

The adopted amendment to §229.3(f) strikes §229.3(f)(3) as it was never utilized to measure Indicator 3 in ASEP. This provides clarity as to which data submissions are used for accountability. The subsequent provisions are renumbered accordingly.

§229.4. Determination of Accreditation Status.

The adopted amendment to §229.4(a)(4)(A) prescribes that EPPs that do not meet the performance standard for the frequency, duration, and documentation of field supervision due to only one candidate failing to receive the minimum number of observations will still meet that standard for accountability purposes. This prevents a program from failing this standard due to not having documentation for field supervision for only one candidate. This is responsive to stakeholder input about flexibility in the standards for small programs.

The adopted amendment to §229.4(b) clarifies that ASEP accreditation statuses are assigned to EPPs based on the Index system prescribed in the manual. The adopted amendment also removes outdated language which allowed EPPs to receive the better of the two systems for the 2021-2022 academic year. This provides clarity to the field as to the assignment of ASEP statuses and remove outdated language.

The adopted amendment to §229.4(b)(1) removes language regarding the ASEP system used for accountability that began in the 2021-2022 academic year as one of the two systems as options, as all programs will now be assigned statuses based on the Index system. The subsequent provisions are renumbered or relettered accordingly.

The adopted amendment to §229.4(b)(2) removes outdated language regarding the ASEP system that was in place through the 2021-2022 academic year. This provides transparency to the field as to how EPPs are assigned ASEP accreditation statuses. The subsequent provisions are renumbered accordingly.

The adopted amendment to §229.4(b)(4) removes outdated language regarding the ASEP status of Not Rated: Declared State of Disaster. This provides clarity to the field by removing language that is no longer operable.

The adopted amendment to §229.4(c)(4) prescribes that when there is a small group with fewer than 10 individuals in a cumulative three-year period for that group, the candidate group will either be measured against the performance standard of the current year, or a performance standard where up to one candidate can fail to meet the requirement, whichever one is more favorable to the EPP. This allows for standards that are not 100% to not function as though they are 100% for small groups.

The adopted amendment to §229.4(c)(5) clarifies that if an EPP is assigned Accredited-Probation due to carry over status, the status will not be counted against the program as a consecutively measured year for purposes of revocation. This ensures that a program is not revoked due to a carryover status.

§229.6. Continuing Approval.

The adopted amendment to §229.6(b) prescribes that an EPP has up to four months to comply with SBEC rules and or TEC, Chapter 21, following a continuing approval review, or the Texas Education Agency (TEA) staff will recommend the EPP be sanctioned. This ensures transparency and consistency in the field regarding how long an EPP has to get into compliance after acontinuing approval review.

§229.7. Informal Review of Texas Education Agency Recommendations.

An adopted technical edit in §229.7(a) and (b) updates a cross reference to §229.5.

SUMMARY OF COMMENTS AND RESPONSES. The public comment period on the proposal began August 18, 2023, and ended September 18, 2023. The SBEC also provided an opportunity for registered oral and written comments on the proposal during the September 29, 2023 meeting's public comment period in accordance with the SBEC board operating policies and procedures. No public comments were received on the proposal.

The State Board of Education (SBOE) took no action on the review of the amendments to 19 TAC §§229.1, 229.3, 229.4, 229.6, and 229.7 at the November 17, 2023 SBOE meeting.

STATUTORY AUTHORITY. The amendments are adopted under Texas Education Code (TEC), §21.041(a), which allows the SBEC to adopt rules as necessary for its own procedures; §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; §21.041(d), which states that the SBEC may adopt a fee for the approval and renewal of approval of an EPP, for the addition of a certificate or field of certification, and to provide for the administrative cost of appropriately ensuring the accountability of EPPs; §21.043(b) and (c), which requires SBEC to provide EPPS with data, as determined in coordination with stakeholders, based on information reported through the Public Education Information Management System (PEIMS) that enables an EPP to assess the impact of the program and revise the program as needed to improve; §21.0441(c) and (d), which requires the SBEC to adopt rules setting certain admission requirements for EPPs; §21.0443, which states that the SBEC shall propose rules to establish standards to govern the approval or renewal of approval of EPPs and certification fields authorized to be offered by an EPP. To be eligible for approval or renewal of approval, an EPP must adequately prepare candidates for educator certification and meet the standards and requirements of the SBEC. The SBEC shall require that each EPP be reviewed for renewal of approval at least every five years. The SBEC shall adopt an evaluation process to be used in reviewing an EPP for renewal of approval; §21.045, which states that the board shall propose rules establishing standards to govern the approval and continuing accountability of all EPPs; §21.0451, which states that the SBEC shall propose rules for the sanction of EPPs that do not meet accountability standards and shall annually review the accreditation status of each EPP. The costs of technical assistance required under TEC, §21.0451(a)(2)(A), or the costs associated with the appointment of a monitor under TEC, §21.0451(a)(2)(C), shall be paid by the sponsor of the EPP; and §21.0452, which states that to assist persons interested in obtaining teaching certification in selecting an EPP and assist school districts in making staffing decisions, the SBEC shall make certain specified information regarding EPPs in this state available to the public through the SBEC's Internet website.

CROSS REFERENCE TO STATUTE. The amendments implement Texas Education Code (TEC), §§21.041(a), (b)(1), and (d); 21.043(b) and (c); 21.0441(c) and (d); 21.0443; 21.045; 21.0451; and 21.0452.

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 December 19, 2023.

TRD-202304881

Cristina De La Fuente-Valadez

Director, Rulemaking

State Board for Educator Certification

Effective date: January 8, 2024

Proposal publication date: August 18, 2023

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