The State Board for Educator Certification (SBEC) is seeking public comment on several sets of proposed rules, up for final adoption by the board at its April meeting. The rules have been drafted in response to multiple pieces of legislation from the 2025 Texas Legislature.  You can view the proposed changes beginning on page 27 of the March 13 issue of the Texas Register. 

Chapters 227 & 228: Rules for educator preparation programs 

Chapter 227 contains rules for admission to an educator preparation program that are required by the passage of House Bill (HB) 2 by Chairman Brad Buckley (R–Salado) and the creation of the Preparing and Retaining Educators Through Partnership (PREP) program. Proposed changes to this chapter include changes to the definitions of educator preparation program (EPP) and classroom teacher, clarity on definitions for each of the available pathways into teaching, and rules such as GPA requirements for the programs. These proposed rules are located on pages 27–35 of the March 13 issue of the Texas Register. 

Chapter 228 contains requirements for an EPP, including: 

• What content these programs must offer 
• How many hours of supervision and clinical teaching experience candidates must have 
• How the programs must deliver content and evaluate candidates 

Proposed updates include definitions for the new Preparing and Retaining Educators Through Partnership (PREP) program created under HB 2, as well as the new pathways created by the program: PREP Alternative Preservice Program, PREP Grow Your Own Program, PREP Residency Preservice Program, and PREP Traditional Preservice. EPPs and school districts that choose to offer one of these programs are eligible for state funding so long as their program meets the requirements established under these rules. These proposed rules are located on pages 35–71 of the March 13 issue of the Texas Register.  

One section of the proposed rules has drawn consistent attention from ATPE and our partners in the Texas Coalition for Educator Preparation (TCEP): §228.41(a)(2), Preservice Coursework and Training for Classroom Teacher Candidates. It would update the list of pedagogical skills in which educator candidates must demonstrate proficiency. The proposed changes are meant to align this section with another section of code that was recently updated—the pedagogy standards in Chapter 235, Classroom Teacher Certification Standards.  

ATPE’s concern with this proposed change is that it elevates “lesson internalization” as a needed skill while minimizing the important pedagogical skill of lesson design. Lesson design is a foundational skill in an educator’s toolkit of practice and must not be minimized. While high-quality instructional materials (HQIM) and open-education resources (OER) are available currently for some K–12 courses and grade levels, it will be a number of years before these materials are available for all—and even once they are available and teachers can internalize these materials in preparation for a high-quality lesson, lesson design must continue to be given equal importance and weight. As all educators know, even the best predesigned and preapproved materials must often be modified to differentiate for the various learners in a classroom. It is important that we continue to provide educator candidates with all the tools they need in their toolkit to be successful. ATPE will continue to advocate for lesson design to be given at least equal weight to lesson internalization. 

Chapter 230: Certificate changes 

Proposed changes in Chapter 230 include changes to three types of certificates: intern certificates, probationary certificates, and educational aide certificates.  

• Intern certificates will be issued for a two-year period, with a total of three years allotted for a candidate to complete their program and apply for full certification while under an intern certificate. This change is meant to provide additional flexibility to educator candidates trying to complete their programs. The language would also change language referencing “intensive preservice” to align with the new intern with preservice certificate available to candidates completing an internship year in an EPP.  
• Language related to probationary certificates is also being updated to reflect the three-year window in which both intern and probationary candidates must complete their coursework.  
• Finally, the educational aide certificate section is being updated to allow high school students who complete an industry-based coherent sequence of courses and pass the certification test to be issued an Educational Aide I certificate. This is meant to encourage high school students to enter the education profession.  

These proposed rules are located on pages 71–79 of the March 13 edition of the Texas Register. 

Chapters 247 & 249: Rules related to educator misconduct 

The proposed changes to Chapters 247 and 249 will align these chapters with the passage of two pieces of legislation—Senate Bill (SB) 12 by Sen. Brandon Creighton (R–Conroe) and SB 571 by Sen. Paul Bettencourt (R–Houston). These two pieces of legislation require SBEC to update rules related to educator misconduct, including the creation of rules regarding temporary suspensions for arrest or “imminent threat,” as well as definitions for “inappropriate communication” and “appropriate boundaries.”  

There is also a proposed new standard that states: “The educator shall not promote, celebrate, or encourage illegal content.” The Texas Education Agency staff discussed this change as a response to increased reports on educator speech following the killing of Charlie Kirk. Although TEA staff told SBEC in December that most of the reports about educator speech related to the Kirk assassination had turned out to be unfounded, TEA believes this change is necessary to prevent similar situations in the future.   

ATPE Governmental Relations and Member Legal Services staff members have been heavily engaged in providing stakeholder feedback regarding the draft language of these rules. We have worked to ensure the definitions of “inappropriate communications” and “appropriate boundaries” do not become catch-all terms that could potentially capture innocent communications or situations with students. We have asked that SBEC proceed cautiously with regard to temporary suspensions and limit them only to instances in which clear evidence exists and immediate action could prevent further harm. We have also asked for clear rules to ensure due process and that SBEC not attempt to redefine terms already clearly defined within existing code. ATPE Governmental Relations Director Monty Exter testified before SBEC in February concerning the board’s proposed definition of a “continuous and imminent threat” and suggested changes to the rule language that would create a more precise definition for the term. ATPE also provided written testimony to SBEC on these rules in December and in February. The proposed rule changes to Chapters 247 and 249 can be found on pages 79–95 of the March 13 edition of the Texas Register.  

If you wish to submit public comments to SBEC regarding any proposed rules, you may do so electronically using the appropriate SBEC public comment form. Find links to a public comment form for each chapter on this webpage. 

The public comment period for these proposed changes is 31 days and will close on Thursday, April 16. Public comments will then be presented to the board before final adoption of the rules at SBEC’s April 24 meeting.