PART 7. STATE BOARD FOR EDUCATOR CERTIFICATION
CHAPTER 232. GENERAL CERTIFICATION PROVISIONS
The State Board for Educator Certification (SBEC) adopts amendments to 19 Texas Administrative Code (TAC) §232.7 and §232.11, concerning general certification provisions. The amendments are adopted without changes to the proposed text as published in the October 27, 2023, issue of the Texas Register (48 TexReg 6322) and will not be republished. The adopted amendments provide minor technical edits to clarify the existing hardship exemption processes established in rule, implement the statutory requirements of House Bill (HB) 2929, 88th Texas Legislature, Regular Session, 2023, and update the continuing professional education (CPE) training requirements to remove the limit on certain professional development hours that can be completed by classroom teachers and school counselors every five years for the purposes of standard certificate renewal.
REASONED JUSTIFICATION: The SBEC rules in 19 TAC Chapter 232, Subchapter A, Certificate Renewal and Continuing Professional Education Requirements, provide for rules that establish the requirements relating to types and classes of certificates issued, certificate renewal, and CPE.
As a result of the 88th Texas Legislature, Regular Session, 2023, HB 2929 amended Texas Education Code (TEC), §21.054(d) and (f), and added subsection (d-2), removing limits on the number of hours in certain specific topics that classroom teachers and school counselors can obtain in CPE every five years for purposes of certificate renewal.
Following is a description of the adopted amendments to 19 TAC Chapter 232, Subchapter A.
§232.7. Requirements for Certificate Renewal.
The adopted amendment to 19 TAC §232.7(b) makes a minor technical edit in the cross reference to paragraphs (1)-(4) to separate criteria in paragraphs (1)-(3) specific to hardship exemption requests due to catastrophic illnesses of the educator or family member and military service from criteria in paragraph (4) specific to a hardship exemption request made by a local education agency on behalf of an educator with an inactive standard certificate due to non-compliance with completion of CPE hours to meet certificate renewal requirements.
The adopted amendment to §232.7(b)(5) adds a cross reference to subsection (b)(4) to confirm that a fee is required only for hardship exemption requests specified in paragraph (4).
§232.11. Number and Content of Required Continuing Professional Education Hours.
The adopted amendment to 19 TAC §232.11(d)(3) removes the limit on CPE hours that can be completed by classroom teachers renewing certificates on or after September 1, 2023. The section was updated to align with provisions of HB 2929 that allow classroom teachers to complete at least 25 percent of training hours, including e-instruction, in specified topics and to confirm that hours completed beyond the 25 percent minimum can also be utilized for certificate renewal purposes.
The adopted new §232.11(d)(4) adds that CPE training hours on topics described in §232.11(d)(3) in excess of 25 percent will be counted toward a teacher's overall training requirements.
The adopted amendment to §232.11(f)(2) strikes the September 1, 2024 certificate renewal reference and related requirements on CPE hours for school counselors and updates language to specify that school counselors renewing on or after September 1, 2023, must complete at least 25 percent of CPE hours in specified topics, in alignment with provisions of HB 2929.
The adopted amendment to §232.11(f)(3) strikes paragraph (3), which limits the total number of CPE hours that a school counselor can complete in specific topics if renewing on or after September 1, 2024. The information is no longer applicable and/or needed based on clarifications about CPE training hours provided in HB 2929.
The adopted amendment to §232.11 preserves the discretion for educators in choosing CPE hours while still reminding educators of the significance of these topic areas.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began October 27, 2023, and ended November 27, 2023. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the December 8, 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 amendments to §232.7 and §232.11 at the February 2, 2024 SBOE meeting.
SUBCHAPTER A. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §21.003(a), which states 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, §21.0031(f), which clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate; TEC, §21.031, which authorizes the State Board for Educator Certification (SBEC) to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; 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, §21.041(b)(7)-(8), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code (TGC), Chapter 2001, and provide for the adoption, amendment, and enforcement of an educator's code of ethics; TEC, §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; TEC, §21.054, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; TEC, §21.0541, which requires the SBEC to propose rules that allow an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator (AED); and TEC, §21.0543, which requires the SBEC to propose rules that provide for CPE credit related to digital technology instruction; and Texas Occupations Code (TOC), §55.002, which states a state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes that the individual failed to renew the license in a timely manner because the individual was serving as a military service member; and TOC, §55.003, which states a military service member who holds a license is entitled to two years of additional time to complete any continuing education requirements and any other requirement related to the renewal of the military service member's license.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code (TEC), §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)-(4) and (7)-(9); 21.054; 21.0541; and 21.0543; and Texas Occupations Code, §55.002 and §55.003.
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 February 16, 2024.
TRD-202400672
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: March 7, 2024
Proposal publication date: October 27, 2023
For further information, please call: (512) 475-1497
STATUTORY AUTHORITY. The amendment is adopted under Texas Education Code (TEC), §21.003(a), which states 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, §21.0031(f), which clarifies and places certain limits on provisions authorizing termination of an educator's contract for failure to maintain a valid certificate; TEC, §21.031, which authorizes the State Board for Educator Certification (SBEC) to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; 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, §21.041(b)(7)-(8), which requires the SBEC to propose rules that provide for disciplinary proceedings, including the suspension or revocation of an educator certificate, as provided by Texas Government Code (TGC), Chapter 2001, and provide for the adoption, amendment, and enforcement of an educator's code of ethics; TEC, §21.041(b)(9), which requires the SBEC to propose rules that provide for continuing education requirements; TEC, §21.054, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; TEC, §21.054(d), as amended by House Bill (HB) 2929, 88th Texas Legislature, Regular Session, 2023, which specifies that subject to subsection (d-2), continuing education requirements for a classroom teacher may not require that more than 25 percent of the training required every five years include instruction in specified topics; TEC, §21.054(d-2), as added by HB 2929, 88th Texas Legislature, Regular Session, 2023, which specifies that training in a topic of instruction described by subsection (d) attended by a classroom teacher in excess of an amount of hours equal to 25 percent of the training required of the teacher every five years shall be counted towards the teacher's overall training requirements; TEC, §21.054(f), as amended by HB 2929, 88th Texas Legislature, Regular Session, 2023, which specifies that continuing education requirements for a counselor must provide that at least 25 percent of training required every five years include instruction in specified topics; TEC, §21.0541, which requires the SBEC to propose rules that allow an educator to receive credit towards the educator's continuing education requirements for completion of an instructional course on the use of an automated external defibrillator (AED); TEC, §21.0543, which requires the SBEC to propose rules that provide for CPE credit related to digital technology instruction; and TEC, §22.0831(f), which states SBEC may propose rules regarding the deadline for the national criminal history check and implement sanctions for persons failing to comply with the requirements; and Texas Occupations Code (TOC), §55.002, which states a state agency that issues a license shall adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes that the individual failed to renew the license in a timely manner because the individual was serving as a military service member; and TOC, §55.003, which states a military service member who holds a license is entitled to two years of additional time to complete any continuing education requirements and any other requirement related to the renewal of the military service member's license.
CROSS REFERENCE TO STATUTE. The amendment implements Texas Education Code, §§21.003(a); 21.0031(f); 21.031; 21.041(b)(1)-(4) and (7)-(9); 21.054; 21.054(d), as amended by HB 2929, 88th Texas Legislature, Regular Session, 2023; 21.054(d-2), as amended by HB 2929, 88th Texas Legislature, Regular Session, 2023; 21.054(f), as amended by HB 2929, 88th Texas Legislature, Regular Session; 2023; 21.0541; 21.0543; and 22.0831(f); and Texas Occupations Code, §55.002 and §55.003.
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 February 16, 2024.
TRD-202400673
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: March 7, 2024
Proposal publication date: October 27, 2023
For further information, please call: (512) 475-1497
19 TAC §§234.1, 234.3, 234.5, 234.6, 234.9, 234.11
The State Board for Educator Certification (SBEC) adopts amendments to 19 Texas Administrative Code (TAC) §§234.1, 234.3, 234.5, and 234.6 and new §234.9 and §234.11, concerning military service members, military spouses, and military veterans. The amendments and new rules are adopted without changes to the proposed text as published in the October 27, 2023 issue of the Texas Register (48 TexReg 6327) and will not be republished. The adopted revisions implement Senate Bills (SBs) 422 and 544 and House Bill (HB) 621, 88th Texas Legislature, Regular Session, 2023. The adopted revisions add military service members as being eligible to receive several of the provisions in place for military spouses; add provisions to issue a three-year temporary certificate to eligible military veterans, peace officers, fire protection personnel, and emergency medical services personnel; and also add provisions for the issuance of a one-year temporary certificate to certain instructors for the Community College of the Air Force.
REASONED JUSTIFICATION: The SBEC rules in 19 TAC Chapter 234 consolidate all military-related provisions into one chapter for all members of the military community (i.e., military service members, military spouses, and military veterans).
The adopted revisions to 19 TAC Chapter 234 implement SBs 422 and 544 and HB 621, 88th Texas Legislature, Regular Session, 2023. Following is a description of the adopted revisions.
§234.1. Purpose.
The adopted amendment to 19 TAC §234.1 creates a new subsection (b) that adds peace officers, fire protection personnel, emergency medical services personnel, and qualified instructors for the Community College of the Air Force to these provisions usually dedicated to members of the military community (i.e., military service members, military spouses, and military veterans). The adopted change implements legislation passed during the 88th Texas Legislature, Regular Session, 2023, in a more streamlined manner by placing all the statutory provisions into one SBEC rule chapter. Adopted new subsection (c) was relettered accordingly.
§234.3. Definitions.
The adopted amendment to 19 TAC §234.3 expands the section by adding the definitions of the following additional eight terms: permanent change of station order, review of credentials, peace officer, fire protection personnel, emergency medical services personnel, Texas Education Agency (TEA) staff, license, and state agency. These definitions were added to align with provisions in legislation and to offer further clarity in the review and processing of requests from members of the military community and additional groups identified in the most recent legislation passed (e.g., peace officer, fire protection personnel, emergency medical services personnel).
§234.5. Certification of Military Service Members, Military Spouses, and Military Veterans.
The adopted amendment to 19 TAC §234.5(a) strikes the language "as soon as practicable" to replace it with "within 30 days of receipt of a complete application" to align with specifications in SB 422 that emphasize the importance of timely review and processing of certification applications submitted by members of the military community.
The adopted amendment to §234.5(b) adds military service members and military veterans to the three-year certificate issuance provisions referenced in this section that are already in place for military spouses following completion of a successful review of out-of-state credentials.
Adopted new §234.5(f) implements provisions from SB 422 to allow a military service member to be issued a three-year temporary certificate upon successful completion of a credentials review or to declare his or her intent to teach in Texas up to three years maximum on a license issued by another state department of education following TEA's review of his or her credentials and written confirmation of approval. These adopted changes mirror provisions reflected in §234.5(d) and §234.5(e) and established for military spouses in previous legislative sessions.
Adopted relettered §234.5(g) adds military spouses to the provisions already in rule, and the subsequent subsections were relettered, with no additional changes to the rule text.
Adopted new §234.5(m) was added to reference applicability of the permanent change of station order as an acceptable document that can be submitted by members of the military community to establish residency requirements as applicable for certificate issuance and to serve as an acceptable form of identification to approve the military-related fee exemptions and other established provisions for members of the military community.
§234.6. Review of Credentials and Issuance of Licensure to Military Service Members, Military Spouses, and Military Veterans.
The adopted amendment to 19 TAC §234.6(b)(1) adds clarification that a military service member is eligible for issuance of the Texas standard certificate following approval of an exemption from required examinations or after the required state certification examinations have been passed. The adopted amendment also confirms that completion of a criminal background check is also required prior to certificate issuance.
The adopted amendment to §234.6(b)(2)(C) adds clarification that military spouses are eligible for issuance of the Texas standard certificate following approval of an exemption from required examinations or after the required state certification examinations have been passed.
The adopted amendment to §234.6(b)(3) adds clarification that military veterans are eligible for issuance of the Texas standard certificate following approval of an exemption from required examinations or after the required state certification examinations have been passed. The adopted amendment also confirms that completion of a criminal background check is also required prior to certificate issuance.
Adopted new §234.6(c) implements a provision in SB 422 to clarify that a change in the marital status of a military spouse would not impact his or her right to utilize provisions specified in §234.6(b)(2)(A) and (B).
§234.9. Certification of Military Veterans, Peace Officers, Fire Protection Personnel, and Emergency Medical Services Personnel.
Adopted new 19 TAC §234.9(a) - (c) implements provisions of HB 621, 88th Texas Legislature, Regular Session, 2023, to identify military veterans, peace officers, fire protection personnel, and emergency medical services personnel as the population of individuals eligible to receive the three-year temporary certificate and establishes the requirements for certificate issuance.
Adopted new §234.9(d) provides guidance on the process to obtain a Texas standard certificate following expiration of the three-year temporary certificate.
§234.11. Certification of Full-Time Instructors for the Community College of the Air Force.
Adopted new 19 TAC §234.11(a) and (b) implements provisions of SB 544, 88th Texas Legislature, Regular Session, 2023, to identify full-time instructors of the Community College of the Air Force as the population of individuals eligible to receive the one-year temporary certificate and establishes the requirements for certificate issuance. Adopted new §234.11(c) provides guidance on the process to obtain a Texas standard certificate following expiration of the one-year temporary certificate.
Technical edits were made where applicable to align the singularity of the terms military service member, military spouse, and military veteran.
SUMMARY OF COMMENTS AND RESPONSES: The public comment period on the proposal began October 27, 2023, and ended November 27, 2023. The SBEC also provided an opportunity for registered oral and written comments on the proposal at the December 8, 2023 meeting's public comment period in accordance with the SBEC board operating policies and procedures. The following public comment was received on the proposal.
Comment: An individual commented in favor of the proposed revisions to 19 TAC Chapter 234 and recommended that the rule should be extended to all full-time instructors who teach at Texas community colleges, regardless of military service, to provide an opportunity for community college faculty to earn a Texas teaching certificate.
Response: The SBEC disagrees. The comment is outside the scope of the proposed rulemaking as 19 TAC Chapter 234 only relates to the licensing of military service members, military spouses, and military veterans.
The State Board of Education (SBOE) took no action on the review of amendments to §§234.1, 234.3, 234.5, and 234.6 and new §234.9 and §234.11 at the February 2, 2024 SBOE meeting.
STATUTORY AUTHORITY. The amendments and new sections are adopted under Texas Education Code (TEC), §21.041(b)(2), which requires the State Board for Educator Certification (SBEC) to propose rules that specify the classes of educator certificates to be issued, including emergency certificates; 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, §21.044(a), which requires the SBEC to propose rules establishing training requirements a person must accomplish to obtain a certificate, enter an internship, or enter an induction-year program; TEC, §21.0444, as added by House Bill (HB) 621, 88th Texas Legislature, Regular Session, 2023, which creates a temporary certification to teach career and technology education for certain military service members and first responders and requires the SBEC to propose rules for certificate issuance; TEC, §21.052(b-1), which requires the SBEC to propose rules to establish procedures to establish residency and expedite processing of certification applications submitted by a military veteran or military spouse; TEC, §21.052(c), which states the SBEC can specify the term of a temporary certificate issued under this subsection; TEC, §21.052(d-1), which requires the SBEC to issue a three-year temporary certificate to eligible military spouses of active-duty service members; TEC, §21.052(f), which requires the SBEC to maintain an Internet website that outlines the procedures for military community members to obtain certification in Texas; TEC, §21.052(i), which defines active-duty service, lists the branches of the United States armed forces, and confirms the members of the military community eligible for processes established to certify educators from outside the state; TEC, §21.0525, as added by Senate Bill (SB) 544, 88th Texas Legislature, Regular Session, 2023, which creates a temporary teaching certificate for certain persons with experience as instructors for the Community College of the Air Force and requires the SBEC to propose rules for certificate issuance; TEC, §21.054, which requires the SBEC to propose rules establishing a process for identifying continuing education courses and programs that fulfill educators' continuing education requirements; and TEC, §21.458(a-2), as added by HB 621, 88th Texas Legislature, Regular Session, 2023, which specifies that a school district shall assign a mentor teacher to a classroom teacher who has been issued a temporary certificate to teach career and technology education under TEC, §21.0444, for at least two years; and Texas Occupations Code (TOC), §55.001, which defines key terms and identifies the individuals relevant to the processing and support of members of the military community; TOC, §55.002, which provides clarification and guidelines for implementing fee exemptions for members of the military community; TOC, §55.003, which states military service members are eligible to receive a two-year extension of time to complete requirements for license renewal; TOC, §55.004, which requires state agencies to adopt rules for issuance of licensure to members of the military community and provides alternatives to become eligible for licensure; TOC, §55.004(d), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023, which requires state agencies to adopt rules to allow military service members to use the same options as military spouses to meet the residency and other state-specific requirements for licensure; TOC, §55.0041, as amended by SB 422, 88th Texas Legislature, Regular Session, 2023, which updates the section title to add military service members and include them in all related provisions addressed by this section; TOC, §55.005(a), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023, which specifies that a state agency that issues a license must do so no later than 30 days following the date that a military service member, military veteran, or military spouse applies for licensure; TOC, §55.005, which requires state agencies to establish a process to expedite applications for licensure submitted by members of the military community; TOC, §55.006, which requires state agencies to determine renewal requirements for expedited licenses issued to members of the military community; TOC, §55.007, which provides state agencies authority to credit verified military service, training, or education toward licensing requirements; TOC, §55.008, which authorizes state agencies to credit verified relevant military service, training, or education relevant to the occupation toward the apprenticeship requirements for licensure; TOC, §55.009, which confirms state agencies that issue licensure shall waive license application and examination fees paid to the state for applicable members of the military community; and TOC, §55.010, which requires state agencies to prominently post notification of licensure provisions for military service members, military veterans, and military spouses on the home page of the agency's website.
CROSS REFERENCE TO STATUTE. The amendments and new sections implement Texas Education Code, §§21.041(b)(2) and (4); 21.044(a); 21.0444, as added by HB 621, 88th Texas Legislature, Regular Session, 2023; 21.052(b-1), (c), (d-1), (f), and (i); 21.0525, as added by SB 544, 88th Texas Legislature, Regular Session, 2023; 21.054; and 21.458(a-2), as added by HB 621, 88th Texas Legislature, Regular Session, 2023; and Texas Occupations Code, §§55.001; 55.002; 55.003; 55.004(a)-(c); 55.004(d), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.0041, as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.005(a), as amended by SB 422, 88th Texas Legislature, Regular Session, 2023; 55.005(b); 55.006; 55.007; 55.008; 55.009; and 55.010.
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 February 16, 2024.
TRD-202400674
Cristina De La Fuente-Valadez
Director, Rulemaking
State Board for Educator Certification
Effective date: March 7, 2024
Proposal publication date: October 27, 2023
For further information, please call: (512) 475-1497