Below is a spotlight on proposed education rules from the April 26 and May 3 editions of the Texas Register, as well as SBEC rules expected to published in the May 17 edition.

May 17

Texas Education Agency

To be published, not yet effective

  • Educator Prep Programs 19 TAC 228 – Rule implements legislation by revising educator preparation program requirements. Revisions were made to accomplish three goals: 1) increase readability of the chapter, 2) create a residency preparation route to recognize programs, via certification, who have implemented this quality preparation pathway and recognize candidates who have completed this extensive preparation, 3) codify foundational components of the SBEC’s Educator Preparation Framework (EPF), which contain additional research-based best practices prioritized by the field. These revisions incorporate components of the Effective Preparation Framework and provisions specific to the Residency Certificate; they reflect stakeholder feedback to further strengthen the rules. Public comments were received. The rule was adopted by SBEC on February 16, 2024, and was reviewed by SBOE on April 9-12, 2024. The rule will be effective on September 1, 2024.
  • Types, Classes, and Issuance of Educator Certifications 19 TAC 230 – The adopted revisions redefine pilot exam; specify the timeline by which a passing score on a certification exam can be used for certification purposes; decrease the number of days to request a test limit waiver after an unsuccessful examination attempt; update the figure specifying the required pedagogy and content pedagogy certification exams for issuance of the probationary or standard certificate; remove certificate categories and examinations that are no longer operational; establish an Enhanced Standard certificate and fees for the teacher residency preparation route specified in new 19 TAC Chapter 228, Requirements for Educator Preparation Programs; and update the list of ineligible certification by examination certificates to include the new Deafblind: Early Childhood-Grade 12 certificate. The adopted revisions also include technical edits to comply with Texas Register formatting and style requirements. Public comments were received. The rule was adopted by SBEC on February 16, 2024, and reviewed by SBOE on April 9-12, 2024. The rule will be effective on May 19, 2024.
  • Categories of Classroom Teaching Certificates 19 TAC 233 – The adopted amendments add five new Core Subjects certificates into rule. The adopted amendments also add a new Bilingual Special Education certificate into rule, implementing provisions specified in legislation. The rule actions are adopted without changes since published as proposed. No public comments were received on the proposal. Amendments were adopted by SBEC on February 16, 2024, and reviewed by SBOE on April 9-12, 2024. The amendments will be implemented May 19, 2024.
  • Student Service/School Counselor Certification – The adopted amendment implements the statutory requirement of SB 798 88(R), and updates the certificate issuance rules to remove the requirement that an individual must have two years of classroom teaching experience to receive a school counselor certificate. The rule actions are adopted without changes since published as proposed. Public comments were received on the proposal. The amendments were adopted by SBEC on February 16, 2024, and reviewed by SBOE on April 9-12, 2024. The amendments will be effective May 19, 2024.
  • Requirements for Educator Preparation Programs and Certifications 19 TAC 227 – The proposed amendments would make conforming changes to the Chapter 227 rules given the adopted updates to Chapter 228, Requirements for Educator Preparation Programs, and Chapter 230, Professional Educator Preparation and Certification. The proposed changes would also update the Pre-Admission Content Test (PACT) figure to include the proposed new certificates and aligned PACT exams as well as proposed cut scores. The amendments were adopted, subject to State Board of Education (SBOE) review, without changes since published as proposed. The amendments were adopted by SBEC on April 16, 2024, and reviewed by SBOE on June 25-28, 2024. The projected date the amendments will become effective is August 4, 2024.

April 26 & May 3 Spotlight

Texas Education Agency

Proposed

  • Educational Programs 19 TAC 102 – Proposed amendments repeal provisions related to Texas Science, Technology, Engineering, and Mathematics Academies as a result of the sunset of T-STEM programs in June 2023 and would consolidate information related to Early College High School and Pathways in Technology Early College High School into one new section. The proposed new section aims to update ECHS programmatic requirements to align with the requirements of SB 1887 88(R). The public comment period is open until May 27. Earliest possible date of adoption: May 26, 2024.
  • Adaptations for Special Populations 19 TAC 89 – Proposed amendments would clarify current program practices and requirements for school districts to extend their Child Find activities to residential facilities and other facilities under the Texas Juvenile Justice Department and the Texas Department of Criminal Justice. Other provisions in the proposal include 1) reflecting qualifications that certain instructional arrangements and settings must meet in order to be funded through the state special education allotment, 2) adding existing federal and statutory requirements that school district implement established state policies and procedures and a reminder that transition and employment designees to complete required training, 3) specifying interventions and sanctions that TEA may do or be required to do for noncompliance, 4) clarify when Texas School for the Blind and Visually Impaired (TSBVI) and the Texas School for the Deaf (TSD) are considered the resident school district under the rules proposal, 5) addressing transportation to and from TSBVI and TSD, 6) clarifying and aligning with nonpublic residential placement guidance, and 7) clarifying the phrases “off-campus program” and “off-home campus.” The public comment period is open until June 3. Earliest possible date of adoption: June 2, 2024.