TITLE education

Part VII. State Board for Educator Certification

Chapter 229. Accountability System for Educator Preparation

19 TAC §§229.1-229.4

The State Board for Educator Certification proposes amendments to §§229.1-229.4, concerning General Provisions and Purpose of Accountability System, Definitions, The Accreditation Process and Reporting Requirements. The proposed amendments address the use of performance data aggregated by demographic group, examinee's test performance from the initial year the test is taken, and the use of data for a small number of candidates.

Under the current rule, candidates' success on subsequent attempts during the first year are not included in ASEP until test results are used as cumulative data in the year following the initial attempt. This rule change allows the entity to receive credit for their students' success on any other attempts made during the same academic year. Amended §229.2 will replace "first-time pass rate" with "first-year pass rate," which uses performance from the last attempt made on the test during the academic year in which the test is first taken. Under the proposed amendment, accreditation status for September 1999 will be based on the new first-year pass rate and the current two-year cumulative pass rate.

Another major amendment allows educator preparation programs to base accreditation on whether each demographic group meets either the first-year or cumulative standards. The current rule requires that all groups meet the 70 percent first time pass rate or that all groups meet the 80 percent cumulative pass rate.

It is recommended that §229.3 be revised to accredit entities demonstrating acceptable performance within each of the seven demographic groups (all students, African American, Hispanic, Other, white, male, female) based on either (1) a first-year pass rate of 70 percent or higher for each individual group OR (2) a two-year cumulative pass rate of 80 percent for the same group. Although the change allows for more flexibility in the reporting of each demographic group, each group will still need to be reported to receive an accreditation rating.

Another amendment addresses the concern associated with using data derived from fewer than 30 test takers. It is recommended that §229.3(e)(1) be amended to allow the performance of demographic groups with less than 30 test takers to be combined with same-group data from the previous one or two reporting periods. If the sum of test takers is 30 or more, the entity must meet the appropriate 70 percent first-year or 80 percent cumulative standard for that group in order to be accredited. If the sum is less than 30 after the numbers of test takers from three ASEP reporting periods have been combined and the entity would be "Accredited-Under Review" based on the performance of the combined group, then the entity may request that the executive director reconsider the status. The provision for combining test takers across years applies only to the ethnic and gender groups and does not apply to "all students" at the entity. The number of test takers in the "all students" group will not be combined over years, even if the number is less than 30. However, if the number of "all students" test takers for the reporting period is less than 10 and the entity would be "Accredited-Under Review" based on their performance, then the entity may request reconsideration of that status from the executive director. For the September 1999 ASEP ratings, it is also recommended for small group data (fewer than 30 test takers) that the current number be combined with data from the September 1998 ASEP reporting period.

Additionally, the proposed amendment to §229.3(g)(2) modifies the definition for diversity so that the Board may recognize entities that either already recommend for certification a commendable level of diverse candidates or that have made substantial progress in increasing the number or percentage of recommended candidates. An additional amendment clarifies the methodology for comparing minority participation to the state and regional populations.

Another amendment recommends that §229.3(c) exclude from ASEP the content-test data for a degreed individual enrolled in an educator preparation program at an institution of higher education who received their undergraduate degree from another institution. The entity will still be held accountable for these individuals' test performance on all attempts on the professional development tests, tests for delivery systems, and other tests as identified by the executive director.

The exclusion applies only to the individual's initial attempt on the content test for the certificate being sought; subsequent attempts on that test will be used in ASEP. Therefore, if the individual is not successful on the content test the first time it is taken, their second attempt is counted in ASEP. Additional attempts will be treated in ASEP in the same manner as retakes on all tests.

As with all tests taken by candidates, the entity must authorize the individual to take that content test. In order to exclude the individual's content-test performance from ASEP, the entity must inform SBEC that the individual is a post-baccalaureate student with a degree from another institution; as a result, ASEP will use their content-test performance according to the conditions described above. This change will begin with the 1999-2000 academic year and impact administrations after September 1, 1999.

Current ASEP rules require approval of the fields in which an entity may prepare candidates for certification (§229.3(f)); however, the rule does not specify an implementation date. It is recommended that the rule be amended with an effective date of September 1, 2002. Because approval of a field is based on performance for three consecutive years, the approval of fields in September 2002 would be based on pass rates during the 1999-2000, 2000-01, and 2001-02 academic years. Implementation in 2002 would coincide with the scheduled implementation of §229.3(e)(2), which requires that an acceptable proportion of certificate fields offered by a program meet the performance standards in order to be "Accredited."

The proposed amendments maintain the intent of the Legislature to hold programs accountable for the performance of their candidates while recognizing the limitations of measuring performance based on small numbers of test takers

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the rules are in effect there will be fiscal implications as a result of enforcing or administering the rules. SBEC will incur costs for required software modifications. SBEC reports and software, including the EZ-ASEP software provided to entities for downloading test data and analyzing test performance must be modified. Entities must identify, beginning with fall 1999 test administrations, which candidates have a degree from another institution. The ASEP software must be modified to implement this change.

Ms. Tackett also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be current and updated regulations. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed rules may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The amendments are proposed under the Texas Education Code (TEC) §21.045, which requires the State Board for Educator Certification to propose rules establishing standards to govern the continuing accountability of all educator preparation programs.

No other statutes, articles or codes are affected by the proposed rules.

§229.1.General Provisions and Purpose of Accountability System.

(a)

The State Board for Educator Certification (SBEC) is responsible for insuring an adequate supply of qualified and competent professional educators for the state public school system. This chapter [ ,relating to the professional educator preparation accountability system, ] governs the accreditation of all entities that prepare individuals [ educators ] for certification [ Texas public schools ].

(b)

The purpose of the accountability system for educator preparation is to assure that entities are held accountable for the readiness for certification of individuals [ educators ] completing the programs. An educator preparation program is defined as an entity approved by the State Board for Educator Certification to recommend candidates for certification in one or more certification fields. At a minimum, accreditation is based on the performance of candidates for certification on examinations prescribed under Texas Education Code (TEC) §21.048(a) and beginning educators' performance on the appraisal system adopted by the Board under TEC §21.045(a) . The Board may adopt additional measures. Each entity is required to file an annual report of performance indicators. An entity will receive commendations for success in areas identified by the Board.

§229.2.Definitions.

The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise:

(1)

Academic year - September 1 through August 31.

(2)

Acceptable - A minimum criterion set by the Board.

(3)

Beginning educator - A person employed within the first two years after completing educator preparation program requirements in an accredited preparation program, who passed the appropriate assessment(s) for the field of certification pursued and was issued a [ was certified (received ] Texas certificate[ ) ], and who was assigned in his/her area of certification.

(4)

Certification field - Professional development (elementary and secondary) and delivery system fields, academic or career and technology [ vocational ] content fields, special education fields, or professional fields in which an entity is approved to offer certification.

(5)

Cohort group - A group of persons admitted and beginning an educator preparation program in an academic year.

(6)

Combined pass rate - The combined success of the first-year or cumulative test takers from two or three consecutive academic years. Formula: The sum of the dividends used in calculating each individual academic year's pass rate divided by the sum of the divisors used in calculating each individual academic year's pass rate.

(7)

Cumulative (two-year) pass rate - The success of the previous academic year's initial test takers over the two-year period. The rate reflects a candidate's success on the last attempt on that test within the two academic years. Formula: For tests initially attempted during the previous academic year, the number of successful (i.e., passing) last attempts within the two-year academic period divided by the total number of last attempts within the two-year academic period.

[ (6)

Cumulative pass rate - The number of examinations passed (by the previous year's first time takers) within the two year academic period divided by the number of previous year's first time tests taken. (This pass rate reflects performance on the last time a test was taken within the two academic years.) ]

(8)

[ (7) ] Educator preparation program - An entity approved by the Board to recommend candidates in one or more certification fields. For the purposes of this chapter [ section, ] "program" and "entity" are used interchangeably.

(9)

First-year pass rate - Candidates' success on tests during the academic year in which those tests are initially attempted. The rate reflects a candidate's success on the last attempt on that test within the academic year in which the test was taken for the first time. Formula: For tests initially attempted during the current academic year, the number of successful (i.e., passing) last attempts within the year divided by the total number of last attempts.

[ (8)

First time pass rate - The number of examinations (Examination for the Certification of Educators in Texas (ExCET), Texas Oral Proficiency Test (TOPT), or Texas Assessment of Sign Communication (TASC)) passed during an academic year on the first attempt divided by the number of first time attempts in that year. (The pass rate reflects performance only on the student's initial attempt on the test.) ]

(10)

[ (9) ] Performance indicators - Data elements about a cohort of persons admitted to an educator preparation program in an academic year, including preparation for all certification fields.

§229.3.The Accreditation Process.

(a)

Annually, beginning September 1, 1998, an entity must meet the accreditation standards at acceptable levels of performance set by the Board.

(b)

An entity is rated "Accredited," "Accredited -Under Review," or "Not Accredited." Upon initial review of an entity desiring to prepare educators for certification, an entity will be rated "Accredited-Preliminary Status," which an entity may maintain for three years, after which time the entity will be accountable for the provisions of this chapter [ held to the standards in subsections (e) and (f) of this section. ] Persons may be recommended for certification while an entity is "Accredited-Preliminary Status."

(c)

An entity is accountable for the performance of all candidates for certification. Performance on a content-area assessment taken for the first time by a degreed candidate who earned a baccalaureate degree from another entity may be excluded from an entity's ASEP performance if the entity notifies the executive director of the individual's status prior to the candidate taking the test. This exclusion applies only to an individual's first attempt on the content-area assessment for the certificate being sought. Subsequent attempts will be used for evaluating an entity's accreditation status under this chapter. For purposes of calculating the first-year pass rate, individuals' second attempt on the content-area test will be considered their first attempt. The executive director shall identify the specific assessments subject to exclusion under this subsection. Pass rates on examinations and performance within the first two years in the profession determine the accreditation rating.

(d)

Accreditation relating to test performance will be based upon first -year [ time ] and cumulative pass rates. In no event shall the first -year [ time ] or cumulative pass rates provided for in this section be less than 66 2/3%.

(e)

Accreditation of entity

(1)

For an entity to be "Accredited" to prepare educators, performance [ must be as follows ] for each demographic group (all students, African American, Hispanic, white, other, male, female) must be as follows :

(A)

acceptable first-year pass rates for all tests taken [ for the first time ] during the academic year prior to the issuance of the accreditation rating, or

(B)

acceptable cumulative pass rates for all tests taken for the two years prior to the issuance of the accreditation rating; and

(C)

effective September 1, 2002, persons in an educator role who complete certification requirements from the entity between September 1, 1999 and August 31, 2000 and every academic year thereafter must meet performance requirements. The Board will determine the method of assessing performance. The basis for the accreditation rating will be the performance of persons employed in a Texas public school and assigned in their area of certification.

(D)

based upon performance required by subparagraphs (A) and (B) of this paragraph, an entity rated "Accredited - Under Review" may request reconsideration of that status by the executive director if the status is based upon less than ten students in the "all students" [ a ] demographic group. The executive director may remove the entity from "Accredited - Under Review" status.

(E)

Effective September 1, 2000, if the first-year or cumulative number of examinees within an ethnic or gender demographic group for the current reporting period is less than 30, the following method shall be used for determining the accreditation status of the entity:

(i)

If the small group is first-year test takers, the number of first-year test takers from the current academic year shall be combined with the number of first-year takers from the same demographic group for the previous academic year. If the combined number of test takers is 30 or more, the combined pass rate of the group shall be considered under paragraph (1)(A) of this subsection.

(ii)

If the combined number of test takers from clause (i) of this subparagraph is less than 30, that number will be added to the number of test takers from the same demographic group for the previous academic year. If the resulting number of test takers is 30 or more, the combined pass rate of the group shall be considered under paragraph (1)(A) of this subsection.

(iii)

If the combined number of test takers from clause (ii) of this subparagraph is less than 30 and their combined pass rate would cause the entity's rating to be Accredited-Under Review, the entity may request that the executive director reconsider the Accredited-Under Review status. In considering the entity's request, the executive director shall examine current and historical information relating to the entity's performance in appropriate areas, including but not limited to improved test performance of all groups and increased numbers of ethnic test takers.

(iv)

If the small group is cumulative test-takers, the data shall be combined with one or two of the previous academic years' cumulative data using the process described in clauses (i)-(iii) of this subparagraph.

(F)

Effective September 1, 1999, if the first-year or cumulative number of test takers within an ethnic or gender demographic group for the current academic year is less than 30, the following method shall be used for determining the accreditation status of the entity:

(i)

If the small group is first-year test takers, the number of first-year test takers from the current academic year shall be combined with the number of first-year takers from the same demographic group for the previous academic year. If the resulting number of test takers is 30 or more, the combined pass rate of the group shall be considered under paragraph (1)(A) of this subsection.

(ii)

If the combined number of test takers from clause (i) of this subparagraph is less than 30, the performance of that group of test-takers will not be considered under paragraph (1)(A) of this subsection. However, the performance of those test takers is used in calculating the performance of the "all students" group at the entity and, as appropriate, in calculating the performance data for other demographic groups.

(iii)

If the small group is cumulative test-takers, the data shall be combined with one or two of the previous years' cumulative data using the process described in clauses (i)-(iii) of this subparagraph and the combined pass rate of the group shall be considered under paragraph (1)(A) of this subsection.

(iv)

Subparagraph (F) of this paragraph expires August 31, 2000.

(2)

Effective September 1, 2002, for an entity to be "Accredited" [ accredited ], an acceptable proportion of the certification fields offered by an entity must indicate performance of all students within the field at either of the following levels listed in subparagraphs (A) and (B) of this paragraph:

(A)

acceptable first-year pass rates for all tests taken [ for the first time ] during the academic year prior to the issuance of the accreditation rating, or

(B)

acceptable cumulative pass rates for all tests taken for the two years prior to the issuance of the accreditation rating.

(3)

An entity not meeting the performance standards for "Accredited" receives the rating of "Accredited - Under Review." An entity receiving the rating "Accredited - Under Review" for three consecutive years becomes "Not Accredited."

(4)

When persons are enrolled in an entity which is "Accredited - Under Review" but then becomes "Not Accredited," [ "Unaccredited," ] these persons may complete their program and be recommended for certification.

(5)

An entity must wait three consecutive years before applying [ reapplying ] to the Board for "Accredited - Preliminary Status."

(6)

If an entity disagrees with its accreditation status, the entity may appeal the determination of the accreditation status to the executive director of the Board.

(7)

An entity must notify persons enrolled in an educator preparation program of any change of accreditation status.

(f)

Approval of certification field.

(1)

Effective September 1, 2002, for [ For ] a certification field to be approved, performance of all students within the certification field must be at or above specified levels for three consecutive academic years:

(A)

acceptable first -year [ time ] pass rates in each academic year; or

(B)

acceptable cumulative pass rates in each academic year.

(2)

If a certification field has fewer than five first -year [ time ] test takers during an academic year, performance will be grouped with performance of examinees in the following year.

(3)

If the performance of all students within a certification field fails to meet requirements of paragraph (1)(A) or (B) of this subsection [ either of the levels required by paragraphs (1) and (2) of this subsection, ] for three consecutive academic years, the entity may no longer recommend persons for certification in that field. The entity may request reconsideration if a field is no longer approved. The executive director may reinstate the field. The entity must wait two years before reapplying to offer certification in that field, but may not reapply to offer that field or any other field if the entity is "Accredited - Under Review."

(g)

Commendations for success. An entity may receive commendations for success in identified areas if the entity is "Accredited." The Board will establish standards [ expectations ] for the following areas listed in paragraphs (1)-(4) of this subsection in which an entity may be commended.

(1)

Preparation of persons for high need teaching fields. Based upon the Board's determination of fields of statewide and regional need, the entity successfully prepares a significant proportion, as established by the Board, of its candidates for certification in the fields of highest need. Areas of need will be established for periods of five years with the first period beginning September 1, 1997 through September 1, 2002.

(2)

Diversity of candidates recommended for certification by an entity. A commendation will be awarded to entities meeting either of the following: [ An entity recommends a percent of ethnic minority candidates within a specified range of the distribution of the respective groups in the student population. The diversity of the public school student population of either the state or the education service center region in which the entity is located is the basis for the comparison. ]

(A)

The entity recommends for certification a percent of ethnic minority candidates that is commendable based on a comparison with the distribution of the respective groups in the public school student population. The diversity of the population of either the state or the education service center region in which the entity is located is the basis for the comparison; or

(B)

The entity recommends for certification a percent or number of ethnic minority candidates that, when compared to the percent or number of minority candidates recommended by the entity in the one or two previous years, shows growth which is commendable.

(3)

Evidence of financial support for a teacher preparation program as defined by the Board.

(4)

Field-based educator preparation. A significant proportion, as defined by the Board, of the faculty and candidates participating in educator preparation spend a specified amount of their time working collaboratively with practicing professionals in Texas public school classrooms.

(h)

Oversight of Entity "Accredited - Under Review".

(1)

The executive director of the Board shall appoint an oversight team to make recommendations and provide assistance to an entity that is "Accredited - Under Review."

(A)

The executive director shall notify in writing an institution of higher education president and dean or department chair of education, an education service center executive director, and/or a superintendent of a school district of the appointment of an oversight team.

(B)

Members of the oversight team, including the chair, are appointed by the executive director. The entity under review shall be responsible for the reasonable and necessary expenses of the oversight team and, when appropriate, for the expenses of any person assigned to administer and manage the educator preparation program.

(C)

With the cooperation of the entity, the oversight team shall collect information about the program and develop strategies for improvement. All recommendations and reports of the progress of the program toward improvement must be provided in writing to the entity and to the executive director. The executive director shall verify if the entity is attempting to implement the recommendations of the oversight team.

(D)

No later than 30 days after receiving the recommendations of an oversight team, the entity shall submit to the executive director an action plan for addressing the recommendations.

(E)

No later than May 31 of each year that an entity is "Accredited - Under Review," the entity must submit to the executive director a progress report related to the recommendations of the oversight team.

(F)

The executive director shall notify Texas public school districts of the change in accreditation status of a certification program.

(2)

If, after one year, the executive director determines that an entity that is "Accredited - Under Review" has not fulfilled the recommendations of the oversight team, the executive director shall appoint a person to administer and manage the operations of the program.

(A)

The executive director shall, based upon the type and severity of the problems of the preparation program, inform the president of the university, executive director of the education service center, or superintendent of schools of the powers and duties of the person assigned to administer and manage the educator certification program.

(B)

The powers and duties of the person appointed to administer and manage the program may include overseeing daily programmatic decisions, supervision of staff, budget control or development, and curriculum-related decisions. The person may disapprove actions proposed by the program administrator or staff.

(3)

An entity must achieve acceptable performance, as set by the Board, on standards required for accreditation no later than September 1 of the third year after being placed on "Accredited - Under Review" status. Considering input of the oversight team, the executive director may at any time, prior to revocation of an entity's accreditation, request that the Board limit the entity to only preparing candidates for certification in specified fields and collaborate with another entity to fully manage the program.

§229.4.Reporting Requirements.

(a)

Each entity must file an annual performance report of its educator preparation program with the Board no later than June 1 following each academic year. The performance report complies with statutory requirements and provides data for a comprehensive analysis of the preparation program.

(b)

The annual performance report includes the level of attainment on the six performance indicators required by statute. These indicators do not affect accreditation status unless adopted by the Board as performance measures.

(c)

Performance indicators are reported by annual cohort groups and are disaggregated by gender and ethnicity ( male, female, African American, Hispanic, white, and other). Performance indicators include:

(1)

the number of persons who apply: the number of persons who declare an intent, pursuant to each entity's policies and procedures, to the educator preparation program their desire to be an educator;

(2)

the number of persons admitted: the number of persons who meet all minimum admission criteria of the preparation program and those criteria established by the Board during an academic year;

(3)

the number of persons retained: the number of persons who were admitted to and enrolled in the preparation program any time during an academic year;

(4)

the number of persons completing the program: the number of persons who have completed all program requirements and passed appropriate examinations;

(5)

the number of persons employed in the profession after completing the program: the number of persons employed in a public school in Texas within two years of receiving the certificate, who may or may not be assigned in the area in which they were certified; and

(6)

the number of persons retained in the profession: the number of persons employed in the profession two years after initial employment and five years after initial employment. A person may be assigned in any role requiring a certificate in a Texas public school (both teaching and non-teaching roles).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 14, 1999.

TRD-9903532

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

Chapter 230. Professional Educator Preparation and Certification

Subchapter G. Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements

19 TAC §230.199

The State Board for Educator Certification (SBEC) proposes an amendment to §230.199(d)(4), concerning Endorsements. The proposed amendment will align requirements for the endorsement with the standards for driver education teachers specified in 19 TAC Chapter 75, Subchapter AA, §75.1002 (relating to the Commissioner's Rules Concerning Driver Education Teachers).

The TEC (§29.902(a)) authorizes the Texas Education Agency (TEA) to regulate driver education programs in the public schools and (b) authorizes TEA to develop standards for certifying public school driver education instructors, but the language does not explicitly grant TEA authority to actually issue the certificate.

After discussions with TEA staff, it was agreed that SBEC should continue to be responsible for issuing the certificate to driver education teachers. This decision was based on concerns about the need to conduct duplicative disciplinary proceedings if TEA issued the certificate - SBEC would be required to take action against an educator's math certificate(s) and TEA would be required to proceed to revoke the same educator's driver education certificate.

The proposed amendment adopts by the standards for driver education teachers specified in 19 TAC Chapter 75, Subchapter AA, §75.1002 (relating to Commissioner's Rules Concerning Driver Education Teachers). Adopting by reference the Commissioner's certification standards will allow individuals to seek employment in either a public or licensed private school after certification is obtained. Currently, individuals without the nine-semester hour certification must return for additional university training before they can teach in a licensed private school.

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the rule is in effect there will be fiscal implications for state or local government as a result of enforcing or administering the rule. Teachers seeking the driver education endorsement will realize an additional cost for tuition due to the increase from six to nine semester hours of coursework.

Ms. Tackett also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be aligned requirements for the endorsement with the standards for driver education teachers. There will be no effect on small businesses. There may be economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposed rule may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The amendment is proposed under Texas Education Code (TEC), §§21.041(b)(2) and (4) and 21.044 which require the Board to propose rules that specify the classes of certificates and the requirements for issuance and renewal of certificates; §29.902 which requires the Board to issue a certificate to professional and paraprofessional personnel who conduct driver training programs in the public schools.

No other statutes, articles or codes are affected by the proposed rule.

§230.199.Endorsements.

(a)-(c)

(No change.)

(d)

Program requirements for endorsements in special service areas.

(1)-(3)

(No change.)

(4)

Driver education. An endorsement will be issued upon evidence of completion of requirements specified in 19 TAC Chapter 75, Subchapter AA, Commissioner's Rules Concerning Driver Education, §75.1002, Driver Education Teachers.

[ (A)

Certificate requirement. The driver education endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree.]

[ (B)

Professional development. The professional development sequence for the driver education endorsement shall consist of six semester hours that may include, but need not be limited to:]

[ (i)

driver and pedestrian attitudes, capabilities, and responsibilities;]

[ (ii)

automobile operation and maintenance;]

[ (iii)

defensive driving procedures;]

[ (iv)

state motor vehicle laws and city ordinances;]

[ (v)

street and highway characteristics; and]

[ (vi)

supervised student teaching in developing driving skills in nondrivers.]

[ (C)

Additional requirements. Additional certification requirements shall include:]

[ (i)

valid Texas driver's license; and]

[ (ii)

driving record for the three-year period immediately preceding] application that meets the evaluation standards established for Texas school bus drivers.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 14, 1999.

TRD-9903533

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

Subchapter M. Certification of Educators In General

19 TAC §230.412

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The State Board for Educator Certification proposes the repeal of §230.412, concerning Classes of Certificates. On September 1, 1999, the Board will implement the Standard Certificate which must be renewed every five years, and cease issuing lifetime certificates. The repeal is necessary because the existing rule will conflict with the new requirements.

The proposed repeal to Chapter 230, Subchapter M, §230.412 is being deleted because this current listing of classes of certificates conflicts with those scheduled for implementation on September 1, 1999, under 19 TAC Chapter 232, Subchapter M.

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the repeal is in effect there may be fiscal implications as a result of enforcing the rule as proposed. Proper implementation will require staff and technology resources at SBEC. Districts and other providers would incur similar costs. Educators may have to pay some or all of the costs associated with continuing professional education requirements.

Ms. Tackett also has determined that for each year of the first five years the repeal is in effect the public benefit anticipated as a result of enforcing the rule will be the deletion of obsolete language. There may be economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposed rule may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The repeal is proposed under Texas Education Code (TEC) §21.041(b)(9) which requires the Board to provide for continuing education requirements and §21.041(b)(4) which requires the Board to specify the requirements for the renewal of a certificate. TEC §21.054(a) requires the SBEC to establish a process for identifying courses and programs that fulfill continuing education requirements.

No other statutes, articles or codes are affected by the proposed repeal.

§230.412.Classes of Certificates.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 14, 1999.

TRD-9903534

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

Subchapter N. Certificate Issuance Procedures

19 TAC §§230.431, 230.433, 230.434, 230.437

The State Board for Educator Certification (SBEC) proposes amendments to §§230.431, 230.433, 230.434 and 230.437, concerning Procedures in General, Duplicate Certificates, Effective Dates of Certificates and Permit Issuance and Issuance of Certificates Based on Examinations. The SBEC also proposes the repeal of §230.438, concerning General Provisions. On September 1, 1999, the Board will implement the Standard Certificate which must be renewed every five years, and cease issuing lifetime certificates.

Section 230.431(a)(1), which requires that the level and specific areas for which the individual is certified be shown on an individual's certificate, is being deleted. A new certificate is currently being designed to reflect the professional nature of the credential and will show the class of certificate that has been issued (classroom teacher, counselor, principal, etc.). A separate document will detail the grade levels and subject areas for classroom teachers, and will be amended each time a teacher adds a new grade level or subject area. Upon voluntarily entering the renewal process, educators holding lifetime certificates will receive the new certificate free of charge. Section 230.433 adds the word "Certification". Section 230.434(3) is also updated to include the word "certification". Section 230.437 is updated to reflect the new classes of certificates. Section 230.438 is deleted because it is no longer applicable.

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the rules are in effect there will be fiscal implications as a result of enforcing or administering the rules. Proper implementation of the above procedures would require staff and technology resources at SBEC. Districts and other providers would incur similar costs. Educators may have to pay some or all of the costs associated with continuing professional education requirements.

Ms. Tackett also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be current and updated regulations. There will be no effect on small businesses. There may be economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed rules may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The amendments are proposed under the Texas Education Code (TEC), §21.041(b)(4) and (c), and §21.048 which require the State Board for Educator Certification to propose rules that specify the standards, assessments, and fees required for the issuance of an educator certificate. Texas Education Code (TEC) §21.041(b)(9) requires the Board to provide for continuing education requirements and §21.041(b)(4) requires the Board to specify the requirements for the renewal of a certificate. TEC §21.054(a) requires the SBEC to establish a process for identifying courses and programs that fulfill continuing education requirements.

No other statutes, articles or codes are affected by the proposed amendments.

§230.431.Procedures in General.

(a)

The State Board of Educator Certification (SBEC), in compliance with board rules, shall issue appropriate certificates to qualified individuals who meet all requirements.

(1)

The certificate shall identify the name of the holder, the class of the certificate[ , and the level and specific areas for which the individual is certified ], and bear the signature of the SBEC chair and executive director.

(2)

A certificate that is issued shall be transmitted to the applicant as expeditiously as possible.

(b)

Permanent records of all certificates, permits, and supporting documentation shall be maintained by the SBEC.

§230.433.Duplicate Certificates.

A duplicate certificate shall be issued when the State Board for Educator Certification receives an appropriately completed application form and fee.

§230.434.Effective Dates of Certificates and Permit Issuance.

(a)

The issuance dates of certificates.

(1)

The issuance date of a certificate evaluated by the State Board for Educator Certification (SBEC) shall be the date the applicant signed the application. The date of issuance shall not precede the date all certification requirements are completed.

(2)

The issuance date of a certificate recommended by an approved professional educator preparation entity shall be the date the recommending entity verifies that the applicant has satisfied all certification requirements.

(3)

A certificate shall not become effective more than 60 days before the SBEC receives the application, and may not precede the date all certification, degree and examination requirements are completed.

(4)

A certificate shall be valid for the entire month in which it is issued.

(b)

The effective dates of permits.

(1)

A permit shall become effective on the date the superintendent or designee [ the authorized representative ] signed the application, provided the SBEC or the appropriate education service center (ESC) receives the application within 60 days of that date.

(2)

If the application is completed and signed by the applicant and superintendent or designee [ authorized representative ] on the date teaching duties begin, it may be kept in the school district's files until all materials for submission are acquired. A permit held by a district shall not become effective more than 60 days before the SBEC or the appropriate ESC receives the application.

(3)

The district shall be notified regarding eligibility for the permit. Coverage will not be provided to districts for the employment of individuals who are ineligible for the permit requested.

(c)

The authority to alter dating procedures. A certificate or permit may become effective more than 60 days before the SBEC or the appropriate ESC receives an application if the appropriate official assumes responsibility for the delay or documents it in writing.

§230.437.Issuance of Certificates Based on Examination.

(a)

General provisions. A teacher who holds a valid classroom teaching certificate and a bachelor's degree may qualify for an additional teaching field or certification to teach at another level by passing the appropriate Examinations for the Certification of Educators in Texas (ExCET) for that subject. The rule shall not be used to qualify a classroom teacher [ an individual ] for:

(1)

initial certification;

(2)

vocational certification based on skill and experience;

(3)

another class of certificate, as listed in 19 TAC Chapter 232, Subchapter M, of this title (relating to Types and Classes of Certificates); [ professional service certification; or ]

(4)

certification for which no ExCET requirement has been developed.

(b)-(g)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 14, 1999.

TRD-9903535

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

19 TAC §230.438

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Texas Education Code (TEC), §21.041(b)(4) and (c), and §21.048 which require the State Board for Educator Certification to propose rules that specify the standards, assessments, and fees required for the issuance of an educator certificate. Texas Education Code (TEC) §21.041(b)(9) requires the Board to provide for continuing education requirements and §21.041(b)(4) requires the Board to specify the requirements for the renewal of a certificate. TEC §21.054(a) requires the SBEC to establish a process for identifying courses and programs that fulfill continuing education requirements.

No other statutes, articles or codes are affected by the proposed repeal.

§230.438.General Provisions.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on June 14, 1999.

TRD-9903536

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

Subchapter O. Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States

19 TAC §§230.461-230.463

The State Board for Educator Certification (SBEC) proposes amendments to §§230.461-230.463, concerning General Provisions, Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States and Requests for Evaluation of College Credentials. The proposed amendments will continue the provision that allows out-of-state applicants to teach or serve in the Texas public schools for one-year before completing examination requirements.

Current rules provide for the issuance of a Texas educator certificate to a person holding a degree and standard certification issued by another state. Once SBEC staff completes a review of the out-of-state credentials, the applicant must then pass the appropriate certification examinations. A temporary certificate, valid for one year, may be issued to an individual who has completed all requirements except the appropriate certification examinations. An applicant who holds a standard professional service certificate, such as counselor, educational diagnostician, or principal, issued by another state may be issued the equivalent Texas certificate in the professional service area, provided the applicant completed requirements for a basic classroom teaching certificate.

Many states do not require certification as a classroom teacher as a prerequisite for certification as an administrator, counselor or other professional service areas. Individuals holding professional service certificates issued by states that do not require the classroom certificate encounter many problems upon coming to Texas. Most of these individuals hold graduate degrees and have many years of public school experience in their particular profession.

However, without evidence of a classroom certificate, SBEC is not able to reciprocate on the out-of-state professional service certificate. In order to qualify for a Texas certificate, these individuals must serve on an emergency permit as a classroom teacher and complete an educator preparation program for a classroom teaching certificate. Once the individual has been issued a Texas classroom certificate, SBEC can then reciprocate on the out-of-state professional service credential.

The amendments will delete the classroom teaching certificate currently required for all professional service certificates based on certification from out-of-state. Applicants holding a professional service certificate issued by another state will be required to have three years of acceptable public or private school experience in the specific professional service area. The amendments also delete the provision that allows SBEC to evaluate an applicant's credentials for their initial assignment area in Texas that is outside of their certified area(s). The proposal will put into rule a policy that has been practiced for many years that allows SBEC to reciprocate on educator credentials from U.S. territories.

The proposed amendments also delete the provision in current rule, §230.463, that allows a school district to request that SBEC evaluate an applicant's credentials for an area not listed on the certificate from outside the state, provided it is part of the applicant's initial assignment area in Texas. This provision has been in effect since April 12, 1980, prior to the availability of certification by exam. It was provided as a service to school districts to give another option to requesting college deficiency plans for their out-of-state teachers serving on permits in other areas. This option is not widely used. Most out-of-state applicants choose to add certification based on passing the appropriate exam rather than completing additional college coursework from a deficiency plan. The initial assignment evaluations prepared by SBEC staff require an extensive review of transcripts and are done at no additional charge if combined with the request for review of out-of-state credentials.

Since at least the late 1970s, applicants holding degrees and acceptable educator credentials issued by territories of the United States have been given the same status as certified applicants from other states. At the current time, this policy applies to certified applicants from the territories of Guam, Puerto Rico and the Virgin Islands. The amendments place this policy into rule and will allow SBEC to continue to reciprocate on appropriate educator credentials from U.S. territories in the same manner as those issued by other states.

The SBEC has discussed issues related to the requirement for a classroom teaching certificate. The discussion has centered on the knowledge and skills that a counselor should have to effectively serve students. The SBEC also discussed the current Counselor ExCET and the fact that it does not assess knowledge and skills of the teaching and learning process. Currently, the SBEC is working with an Advisory Committee for the Counselor Committee that is discussing the issue of whether a beginning counselor in Texas should be required to have a teaching certificate and teaching experience. Recommendations developed by the Advisory Committee for the Counselor Certificate will be considered by the Board and will drive the development of a new counselor assessment. However, based on the Board's discussion, staff has revised Subchapter O to delete the classroom teaching certificate requirement for all professional service certificates based on certification from other states. Applicants holding a professional service certificate from outside the state will be required to have three years of experience in the specific professional service area in accredited public or private schools. Once the recommendations from the Advisory Committee are presented, the Board will modify counselor requirements as necessary.

The amendments provide more opportunities for out-of-state educators to become fully certified in Texas and will increase the number of educators available to school district, without comprising quality. In a time when the State of Texas is facing a serious shortage of individuals in education, SBEC believes this is a step towards increasing the number of qualified educators available for all school districts in Texas.

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the rules are in effect there will be fiscal implications as a result of enforcing or administering the rules. The cost to complete a Texas educator preparation program will be eliminated for applicants seeking Texas certification in professional service areas based on credentials from other states.

Ms. Tackett also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be allowing more opportunities for out-of-state educators to becomes fully certified in Texas. There will be no effect on small businesses. There may be economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed rules may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The amendments are proposed under the Texas Education Code (TEC), §21.041(b)(5) and §21.052 which require the State Board for Educator Certification to propose rules that provide for the issuance of an educator certificate to a person holding a similar certificate issued by another state.

No other statutes, articles or codes are affected by the proposed amendments.

§230.461.General Provisions.

(a)

A Texas educator certificate may[ ,based on college credentials and standard certification issued by another state department of education, ] be issued to an individual who holds a college degree and an appropriate certificate or credential issued by the authorized licensing agency in another state or territory of the United States and who meets appropriate requirements specified in §230.413 of this title (relating to General Requirements) and elsewhere in this subchapter.

(b)

The degree held by an applicant from another state or territory of the United States must be issued by an institution of higher education that at the time was accredited or otherwise approved by a state department of education, a recognized governmental organization, or a recognized regional accrediting organization.

(c)

[ (b) ] The [ degree and ] certificate or other credential issued by the authorized licensing agency in [ from ] another state or territory of the United States [ presented by an applicant for Texas certification must be considered standard by the issuing state department of education and ] may not be a temporary permit, [ a substandard certificate, or ] a credential issued by a city or school district , or a certificate for which academic or other program deficiencies are indicated . [ In this subchapter, the phrase "standard certificate" means certification issued by another state department of education for which no academic deficiencies are indicated. ] Specific examination or renewal requirements shall not be considered academic deficiencies.

(d)

[ (c) ] A statement, approval letter, or certification entitlement card issued by the authorized licensing agency in another state or territory of the United States [ department of education ] specifying eligibility for full certification upon employment or completion of specified examination requirements shall have the same standing as a [ standard ] certificate.

(e)

[ (d) ] The certificate and areas of certification [ from ] issued by the authorized licensing agency in another state or territory of the United States [ presented by an applicant for Texas certification ] must be equivalent to a [ credential ] certificate and certification areas approved by the State Board for Educator Certification. The board shall identify the certification areas for which the applicant qualifies in Texas.

§230.462.Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States .

(a)

An applicant for a Texas certificate based on [ certification and college credentials from another state ] a certificate issued in accordance with §230.461 of this title (relating to General Provisions) must pass the appropriate examination requirements specified in §230.5 of this title (relating to Educator Assessment).

(b)

If all certification requirements are met except the appropriate examination requirements, the applicant may request issuance of a [ temporary ] one-year certificate[ , valid for 12 months, ] in one or more certification areas authorized on the out-of-state certificate.

(1)

An applicant who holds a [ standard out-of-state ] special subject certificate issued in accordance with §230.461 of this title (relating to General Provisions) may be issued the equivalent Texas certificate in that special subject area.

(2)

An applicant who holds a [ standard out-of-state ] professional service certificate issued in accordance with §230.461 of this subchapter may be issued the equivalent Texas certificate in that professional service area. [ The preparation program upon which the out-of-state professional service certificate is based must require the individual to have completed requirements for a basic classroom teaching certificate ]. The applicant must verify three creditable years of public or private school experience, as defined in Subchapter Y of this chapter (relating to Definitions), in the professional service area.

(c)

[ A temporary certificate authorized under this subchapter may be converted to the appropriate certificate class after all requirements, including examination requirements, have been satisfied. ] After satisfying all requirements, including the examination requirements, the applicant is eligible to receive the Standard Certificate issued under Chapter 232, Subchapter M of this title (relating to the Types and Classes of Certificates Issued).

(d)

An applicant issued a [ temporary ] one-year certificate under this section who does not complete the appropriate [ portions of the Examination for the Certification of Educators in Texas (ExCET) ] examination requirements [ or ] to establish eligibility for a [ provisional or professional certificate ] Standard Certificate during the validity of the [ temporary ] one-year certificate, is not eligible for any type of certificate or permit authorizing employment for the same certified level or areas until he or she has satisfied the appropriate examination requirements.

(e)

An employing superintendent may apply for [ continued employment eligibility for a teacher on ] a nonrenewable permit [ if the ] for a teacher who does not pass the professional development portion of the Examination for the Certification of Educators in Texas (ExCET) but does pass the appropriate content specialization portions of the exam during the validity of the [ temporary ] one-year certificate. The nonrenewable permit shall be valid for no more than 12 months from the date the individual first attempts the professional development portion of the ExCET.

(f)

An applicant shall not be required to complete the content specialization portion of the ExCET in a certification area for which he or she does not seek [ continued Texas ] standard certification.

(g)

An applicant issued a [ temporary ] one-year certificate under this section who, during or subsequent to the validity of the certificate, establishes eligibility for a [ provisional or professional certificate ] Standard Certificate may apply for :

(1)

[ request ] a new [ temporary ] one-year certificate in another certification area based on an acceptable [ a ] certificate from another state or territory of the United States ; or

(2)

[ reapply for another temporary ] a second one-year certificate in an area previously authorized on a [ temporary ] one-year certificate, provided the applicant was not assigned to the area [ or ] and has not attempted the appropriate [ ExCET ] examination requirements for that area.

§230.463.Requests for Evaluation of College Credentials.

[ (a)

At the request of an employing local school district, the State Board for Educator Certification (SBEC) will evaluate an applicant's credentials for an area that is not identified on the certificate from another state, provided it is the applicant's initial assignment area in a Texas public school. The SBEC will issue the Texas certificate when the applicant completes the deficiencies outlined and passes the appropriate Examination for the Certification of Educators in Texas (ExCET).]

(a)

[ (b) ] Requests to evaluate an applicant's credentials for areas of certification that are not identified on the [ out-of-state ] certificate issued in accordance with §230.461 of this title (relating to General Provisions) [ or are not initial assignment areas in a Texas public school ] must be directed to [ a college or university with ] an approved Texas educator preparation program [ for the certificate sought. ] The appropriate Texas certificate will be issued upon recommendation by the [ institution ] program .

(b)

[ (c) ] An individual who does not hold a [ standard ]certificate issued [ by another state department of education ] in accordance with §230.461 of this title (relating to General Provisions) must have his or her credentials evaluated through an [ a college or university ] approved [ for professional ] Texas educator preparation program and be recommended by the [ institution ] program for certification.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 1999.

TRD-9903537

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

Subchapter P. Requirements for Standard [ Provisional ] Certificates and Specialized Assignments or Programs

19 TAC §§230.481-230.484

The State Board for Educator Certification proposes amendments to §§230.481-230.484 concerning General Provisions, Specific Requirements for Standard Certificates and Endorsements, Specific Requirements for Standard Vocational Certificates Based on Experience and Preparation in Skill Areas and Eligibility Requirements for Specialized Assignments or Programs. On September 1, 1999, the Board will implement the Standard Certificate which must be renewed every five years, and cease issuing lifetime certificates.

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the rules are in effect there will be fiscal implications as a result of enforcing or administering the rules. Proper implementation of the above procedures would require staff and technology resources at SBEC. Districts and other providers would incur similar costs. Educators may have to pay some or all of the costs associated with continuing professional education requirements.

Ms. Tackett also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be conforming all current references to the existing Provisional Certificate to the new Standard Certificate. There will be no effect on small businesses. There may be economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed rules may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The amendments are proposed under Texas Education Code (TEC) §21.041(b)(9) which requires the Board to provide for continuing education requirements and §21.041(b)(4) which requires the Board to specify the requirements for the renewal of a certificate. TEC §21.054(a) requires the SBEC to establish a process for identifying courses and programs that fulfill continuing education requirements.

No other statutes, articles or codes are affected by the proposed amendments.

§230.481.General Provisions.

(a)

Standard classroom [ Provisional ] teacher certificates, including [ provisional ] special education certificates, [ provisional ] vocational certificates, and endorsement areas, based on completion of an approved educator preparation [ teacher education ] program shall require:

(1)

at least a bachelor's degree and, for certain vocational certificates, preparation and experience in a skill area as specified;

(2)

recommendation by an approved educator preparation program [ teacher education institution ]; and

(3)

submission of a passing score on a comprehensive examination prescribed by the State Board for Educator Certification (SBEC) under §230.5 of this title (relating to Educator Assessment).

(b)

Standard [ Provisional ] vocational certificates based on experience and preparation in a skill area shall require:

(1)

preparation and experience in a skill area and, for certain vocational certificates, completion of a bachelor's degree;

(2)

recommendation by an educator preparation program [ a teacher education institution ] approved to offer professional development courses required for vocational certification; and

(3)

satisfactory performance on the test prescribed by the SBEC under §230.5 of this title.

§230.482.Specific Requirements for Standard [ Provisional ] Certificates and Endorsements.

(a)

The following certificates require completion of an approved educator preparation [ teacher education ] program offered under Subchapter G of this chapter (relating to Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements):

(1)

standard classroom [ provisional ] teacher certificate--elementary;

(2)

standard classroom [ provisional ] teacher certificate--secondary;

(3)

standard classroom [ provisional ] teacher certificate--all level;

(4)

standard [ provisional ] special education certificates;

(5)

standard [ provisional ] agricultural science and standard [ provisional ] horticultural science certificates; and

(6)

standard [ provisional ] home economics certificate.

(b)

The standard [ provisional ] marketing education certificate requires one of the following:

(1)

completion of an approved program offered under §230.198 of this title (relating to Vocational Marketing Education Certificates); or

(2)

completion of requirements in §230.483(b) of this title (relating to Specific Requirements for Standard [ Provisional ] Vocational Certificates Based on Experience and Preparation in Skill Areas).

(c)

All endorsements require completion of an approved program offered under §230.199 of this title (relating to Endorsements) or completion of requirements under provisions of §230.437 of this title (relating to Issuance of Certificates Based on Examination).

§230.483.Specific Requirements for Standard [ Provisional ] Vocational Certificates Based on Experience and Preparation in Skill Areas.

(a)

[ Provisional ] Standard health science technology certificate.

(1)

The [ provisional ] standard health science technology certificate shall be based on preparation and experience in the skill area and qualify the teacher to teach preemployment laboratory and cooperative training classes.

(2)

(No change.)

(3)

The [ provisional ] standard health science technology certificate shall require a professional development sequence that includes the following:

(A)-(G)

(No change.)

(b)

[ Provisional ] Standard marketing education certificate.

(1)

The [ provisional ] standard marketing education certificate may be based on the program requirements specified in Subchapter G of this title (relating to Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements) or preparation and experience in the skill area.

(2)

(No change.)

(3)

The [ provisional ] standard marketing education certificate shall establish eligibility to teach cooperative training, coordinated vocational-academic education, preemployment laboratory, and vocational education for the handicapped in marketing and distributive education.

(c)

[ Provisional ] Standard office education certificate.

(1)

Certificates issued. The [ provisional ] standard office education certificate shall be based on preparation and experience in the skill area and professional development. The certificate shall be required to teach office education courses taught by the cooperative or preemployment laboratory method of instruction.

(2)

Academic specialization. The [ provisional ] standard office education certificate shall require the following:

(A)-(C)

(No change.)

(3)

(No change.)

(d)

[ Provisional ] Standard occupational orientation certificate.

(1)

General provisions. The [ provisional ] standard occupational orientation certificate shall be based on preparation and experience in occupational fields for which vocational education is offered and professional development.

(2)

Academic specialization. The [ provisional ] standard occupational orientation certificate shall require that an individual:

(A)-(D)

(No change.)

(3)

(No change.)

(e)

Provisional trades and industry certificates. A [ provisional ] standard trades and industry certificate shall be based on preparation and experience in the skill areas to be taught and completion of specified professional development course work.

(1)

[ Provisional ] Standard trades and industry - preemployment laboratory certificate.

(A)-(B)

(No change.)

(2)

[ Provisional ] Standard trades and industry - cooperative training certificate.

(A)-(B)

(No change.)

(f)

(No change.)

§230.484.Eligibility Requirements for Specialized Assignments or Programs.

(a)-(c)

(No change.)

(d)

Requirements for eligibility to teach in specialized assignments or programs shall be as follows.

(1)

(No change.)

(2)

Agricultural science and technology.

(A)

Horticulture. Eligibility to teach horticulture shall require a valid [ provisional ] standard certificate for horticultural sciences. No additional course or workshop shall be required for assignment to preemployment laboratory education (PELE) or vocational education for the handicapped programs (VEH) in horticulture.

(B)-(D)

(No change.)

(3)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 1999.

TRD-9903538

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

Subchapter U. Assignment of Public School Personnel

19 TAC §230.601

The State Board for Educator Certification proposes an amendment to §230.601, concerning Assignment of Public School Personnel. The amendment Deletes Assignment Criteria for Administrators Other than Assistant Principals, Principals, and Superintendent. The proposed amendment will delete criteria for assignment to administrative positions other than principal, assistant principal, and superintendent.

Current rules set criteria for all school district assignments of public school personnel including administrative positions such as administrative officer, instructional officer, supervisor, visiting teacher, and superintendent. Each school district must follow the current assignment table in employing all administrators.

The proposed amendment will delete assignment criteria for Administrative Officer I-VIII, Instructional Officer I-VIII, Supervisor, Vocational, Administrator, Vocational Director, Vocational Supervisor, Visiting Teacher, Special Education Director and Special Education Supervisor. Each school district will be responsible for establishing requirements for administrative positions other than superintendent, principal, and assistant principal.

With the different employment needs and resources at all of the different school districts in Texas, this amendment will give flexibility to each school district to determine the requirements of employment for administrators other than principal, assistant principal, and superintendent. It is important to note that SBEC will continue establishing strict assignment criteria for the principal, assistant principal, and superintendent.

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the rule is in effect there will be no fiscal implications as a result of enforcing or administering the rule.

Ms. Tackett also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be flexibility to each school district to determine the requirements of employment for administrators. There will be no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the rule as proposed.

Comments on the proposed rule may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The amendments are proposed under the Texas Education Code (TEC), §21.041(b)(2) which requires the State Board for Educator Certification to propose rules that specify the classes of certificates to be offered.

No other statutes, articles. Or codes are affected by the proposed amendment.

§230.601.Assignment of Public School Personnel.

(a)-(e)

(No change.)

(f)

A public school employee must have the appropriate credentials for his or her current assignment specified in the charts in this section, unless the appropriate permit has been issued under Subchapter Q of this chapter (relating to Permits).

Figure: 19 TAC §230.601(f)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 1999.

TRD-9903539

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

Chapter 232. General Requirements Applicable to All Certificates Issued

Subchapter R. Certificate Renewal and Continuing Professional Education Requirements

The State Board for Educator Certification proposes amendments to §§232.800, 232.810, 230.830, 232.850, 232.860, 232.870, 232.880 and 232.890, concerning Certificate Renewal and Continuing Professional Education Requirements. The SBEC also proposes the repeal of §232.900, concerning Effective Date and new §232.900, concerning Pilot Program. On September 1, 1999, the Board will implement the Standard Certificate which must be renewed every five years, and cease issuing lifetime certificates.

Section 232.800(b) adds language indicating that renewal requirements apply to all individuals holding any class of Standard Certificate. Section 232.810(c) changes the words, "publish a report on" to "make available". The amendment to §232.830 removes an obsolete date and updates the rule. Section 232.850(a) changes restrictive language from "must" to "should" concerning the number of clock hours of continuing education to be completed each year. Section 232.860(d), (f), and (g) deletes restrictive language "each year" for the percentage of hours that can be accumulated for independent study, presenting a CPE activity, mentoring, or serving as a principal assessor. The limitation is applied to the full five-year renewal period. Section 232.870(a)(7) adds language to provide a means to designate professional associations as approved providers. Section 232.870(c)(4) deletes the requirement for providers to maintain documents. Section 232.880(c) changes language to allow the executive director to review the documentation required for renewal. The amendment to §232.890 removes an obsolete date. Section 232.900: adds a new section authorizing the executive director to approve school districts as pilot sites for alternative approaches to deliver required continuing education activities.

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the rules are in effect there will be fiscal implications as a result of enforcing or administering the rules. Proper implementation of the above procedures would require staff and technology resources at SBEC. Districts and other providers would incur similar costs. Educators may have to pay some or all of the costs associated with continuing professional education requirements.

Ms. Tackett also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be implementation of the Standard Certificate which must be renewed every five years and the ceasing of issuance of lifetime certificates. There will be no effect on small businesses. There may be anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed rules may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

19 TAC §§232.800, 232.810, 232.830, 232.850, 232.860, 232.870, 232.880, 232.890

The amendments are proposed under the Texas Education Code (TEC), §21.041(b)(4) and (9) which requires the State Board for Educator Certification to specify requirements for the renewal of an educator certificate, and TEC §21.045 which requires the Board to identify courses and programs that fulfill educators' continuing education requirements. The Texas Education Code (TEC) §21.041(b)(9) requires the Board to provide for continuing education requirements and §21.041(b)(4) requires the Board to specify the requirements for the renewal of a certificate. TEC §21.054(a) requires the SBEC to establish a process for identifying courses and programs that fulfill continuing education requirements.

No other statutes, articles or codes are affected by the proposed amendments.

§232.800.General Provisions.

(a)

All educators should model the philosophy of life-long learning; therefore, participation in professional development activities is expected of all educators. Activities must focus on the need of each educator to continually update his or her knowledge of current content, best practices, research, and technology that is relevant to his or her individual role as an educator. The State Board for Educator Certification shall ensure that requirements for renewal and continuing professional education are flexible to allow each individual educator to identify the activities he/she will complete to satisfy the Board's requirements.

(b)

This chapter provides the minimum requirements necessary to renew any class of certificate issued by the board. [ The standard certificate must be renewed every five years, subject to the requirements of this subchapter. ]

(c)

Each individual who holds a standard certificate(s) is responsible for renewing the certificate(s) and paying a fee for late renewal. Failure to receive notice of the renewal requirement or deadline does not excuse the individual's obligation to renew or pay applicable fees.

(d)

The board may deny renewal if the educator fails to comply with the requirements of this subchapter.

(e)

The deadlines established for renewal, late renewals, and fees are established by procedures approved by the board and are subject to change.

(f)

The board shall deny or cancel the renewal of an educator's certificate(s) if required by the Texas Education Code (TEC) §57.491, regarding defaults on guaranteed student loans.

(g)

The board shall deny or cancel the renewal of an educator's certificate(s) suspended in accordance with Chapter 232, Family Code, regarding failure to pay child support.

(h)

Reinstatements of Texas lifetime certificates revoked at any time shall be reissued as standard certificates and subject to the requirements of this subchapter.

(i)

Pursuant to TEC §21.003(a), an educator employed by a Texas public school district who fails to satisfy each of the requirements to renew his or her standard certificate(s) by the renewal date moves to inactive status and is ineligible for employment in a Texas public school district in a position for which a certificate is required until all appropriate requirements are satisfied.

§232.810.Voluntary Renewal of Current Texas Educators.

(a)

Educators holding a valid Texas lifetime certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this subchapter.

(b)

The executive director shall adopt procedures to implement not later than September 1, 1999, voluntary renewal for current educators who hold a certificate(s) issued prior to September 1, 1999. Upon an individual's notification to the board of the intent to renew, the board shall issue the appropriate standard certificate(s). An educator eligible under subsection (a) for voluntary renewal may choose to renew his or her standard certificate(s) every five years or at any time may revert to the lifetime certificate.

(c)

Not later than November 1 of each year, the executive director shall [ publish a report on ] make available the number of educators voluntarily renewing certificates under this section during the preceding fiscal year.

§232.830.Requirements for Certificate Renewal.

(a)

The [ Not later than January 1, 1999, the ] executive director shall develop [ submit to the board proposed ] procedures to:

(1)

notify educators at least one year prior to the expiration of their renewal period;

(2)

consider requests for hardship exemptions from continuing professional education requirements;

(3)

confirm compliance with all renewal requirements pursuant to this subchapter;

(4)

notify educators who are not renewed due to noncompliance with this section; and

(5)

verify that educators applying for reactivation of certificate(s) under §232.840(a) of this title (relating to Inactive Status and Late Renewal) are in compliance with subsection (b)(2)-(6) of this section.

(b)

To be eligible for renewal, an educator must:

(1)

satisfy continuing professional education requirements, pursuant to §232.850 of this title (relating to Number and Content of Required Continuing Professional Education Hours);

(2)

hold a valid standard certificate that has not been suspended or revoked by lawful authority;

(3)

not be a defendant in a formal disciplinary action, which commences when notice of the filing of a petition is mailed by the board pursuant to Chapters 137 and 157 of this title (relating to Professional Educator Preparation and Certification and Hearings and Appeals);

(4)

successfully resolve any criminal history, as defined by §230.414 of this title (relating to Criminal Background);

(5)

not be in default on a guaranteed student loan, unless repayment arrangements have been made, pursuant to the Texas Education Code, §57.491;

(6)

not be in arrears of child support, pursuant to the Family Code, Chapter 232; and

(7)

pay the renewal fee, pursuant to §232.890 of this title (relating to Fees Payable Upon Certificate Renewal or Reactivation), which shall be a single fee regardless of the number of certificates being renewed.

(c)

The executive director shall renew the certificate(s) of an educator who meets all requirements of this subchapter.

(d)

The board shall stay the renewal of an educator's certificate(s) who fails to comply with subsection (b)(3) of this section, pending resolution of the disciplinary action. A certificate that is not suspended or revoked as a result of disciplinary action shall be renewed provided that all other requirements have been satisfied. Payment of a late fee shall not be required if resolution of any disciplinary action caused the renewal to occur after the renewal period had expired, except in cases involving subsection (b)(5)-(6) of this section.

§232.850.Number and Content of Required Continuing Professional Education Hours.

(a)

Standard certificate. At least 150 clock hours of continuing professional education (CPE) must be completed during each five-year renewal period. Educators [ must ] should complete a minimum of 20 clock hours of CPE each year of the renewal period. An educator renewing multiple certificates [ must ] should complete a minimum of five CPE clock hours each year in the content area knowledge and skills for each certificate being renewed.

(b)

One semester credit hour earned at an accredited institution of higher education is equivalent to 15 CPE clock hours.

(c)

At least 80% of the CPE activities should [ must ] be directly related to the certificate(s) being renewed and focus on the standards required for the initial issuance of the certificate(s), including [ several of the following listed in paragraphs (1)-(12) of this subsection ]:

(1)

content area knowledge and skills;

(2)

professional ethics and standards of conduct;

(3)

professional development, which should encompass topics such as the following:

(A)

[ (3) ] district and campus priorities and objectives;

(B)

[ (4) ] child development, including research on how children learn;

(C)

[ (5) ] discipline management;

(D)

[ (6) ] applicable federal and state laws;

(E)

[ (7) ] diversity and special needs of student populations;

(F)

[ (8) ] increasing and maintaining parental involvement;

(G)

[ (9) ] integration of technology into educational practices;

(H)

[ (10) ] ensuring that students read on or above grade level;

(I)

[ (11) ] diagnosing and removing obstacles to student achievement; and

(J)

[ (12) ] instructional techniques.

(d)

Educators are encouraged to identify CPE activities based on results of the annual appraisal required under TEC, Chapter 21, Subchapter H.

§232.860.Types of Acceptable Continuing Professional Education (CPE) Activities.

(a)

Participation in institutes, workshops, seminars, conferences, in-service or staff development activities given by an approved provider or sponsor, pursuant to §232.870 of this title (relating to Approval of Continuing Professional Education Provider or Sponsor), which are related to or enhance the professional knowledge and skills of the educator [ are acceptable CPE activities ].

(b)

Completion of undergraduate courses in the content area knowledge and skills related to the certificate(s) being renewed, [ post ]-graduate courses, or training programs which are taken through an accredited institution of higher education [ are acceptable CPE activities ].

(c)

Participation in interactive distance learning, video conferencing, or on-line activities or conferences [ are acceptable CPE activities ].

(d)

Independent study, not to exceed 20% of the required clock hours [ each year ], which may include self-study of relevant professional materials (books, journals, periodicals, video and audio tapes, computer software, and on-line information) or authoring a published work [ are acceptable CPE activities ].

(e)

Development of curriculum or CPE training materials [ is an acceptable CPE activity ].

(f)

Teaching or presenting a CPE activity described in subsection (a) or (b) of this section, not to exceed 10% of the required clock hours [ each year is an acceptable CPE activity ].

(g)

Providing professional guidance as a mentor educator, not to exceed 30% of the required clock hours [ each year is an acceptable CPE activity ].

(h)

Serving as an assessor under Chapter 241, §241.35 of this title (relating to the Principal Certificate), not to exceed 10% of the required clock hours.

§232.870.Approval of Continuing Professional Education Provider or Sponsor.

(a)

The following may provide and/or sponsor continuing professional education activities and must comply with the provisions of this section:

(1)

State Board for Educator Certification;

(2)

Texas Education Agency;

(3)

accredited institutions of higher education;

(4)

regional education service centers;

(5)

Texas public school districts - to be creditable toward CPE requirements, school district in-service and/or staff development activities must be developed, approved, and conducted in accordance with Texas Education Code, Chapter 21, §21.451;

(6)

private schools, as defined by Chapter 230, Subchapter Y, §230.801 of this title (relating to Definitions); [ and ]

(7)

professional membership associations that have offered professional development in Texas for at least five years and have tax-exempt status under 26 United States Code §501(C)(3)-(C)(6), or a state association affiliated with a national association with tax-exempt status; and

(8)

[ (7) ] entities approved under subsection (b) of this section.

(b)

The [ Not later than January 1, 1999, the ] executive director shall develop [ adopt ] procedures to approve as providers and/or sponsors [ national or statewide associations, boards, or organizations representing members of the education profession as well as ] any other person, agency, or entity seeking to offer continuing professional education activities pursuant to the requirements of this subchapter.

(c)

The procedures adopted by the executive director must require all providers or sponsors to:

(1)

notify the executive director of the intent to offer CPE activities;

(2)

affirm compliance with all applicable statutes and rules;

(3)

prohibit discrimination in the provision of CPE activities to any certified educator;

(4)

document [ maintain for three years documentation ] that each CPE activity:

(A)

complies with applicable board rules;

(B)

contributes to the advancement of professional knowledge and skills identified by standards adopted by the board for each certificate;

(C)

is developed and presented by persons who are appropriately knowledgeable in the subject matter of the training being offered; and

(D)

specifies the content under §232.850(d) of this title (relating to Number and Content of Required Continuing Professional Education Hours) and number of creditable CPE clock hours [ ;and ]

[ (E)

lists the educators in attendance for CPE credit.]

(5)

on a biennial or more frequent basis conduct a comprehensive, in-depth self-study to assess the CPE needs and priorities of educators served by the provider as well as the quality of the CPE activities offered.

(d)

At the conclusion of each activity offered for CPE credit, the provider or sponsor must provide to each educator in attendance written documentation listing the content of the activity and the number of clock hours creditable toward CPE requirements. The executive director shall establish the content for a [ standard ] record of completion that must be utilized by all providers and sponsors.

(e)

The executive director's failure to approve a provider or sponsor does not entitle that provider or sponsor to a contested-case hearing before the board or a person designated by the board to conduct contested-case hearings.

(f)

The [ Not later than January 1, 1999, the ] executive director shall develop [ adopt ] procedures to receive and investigate complaints against a provider or sponsor alleging noncompliance with this section. If [ The procedures shall include a list of available sanctions if ] the investigation determines that the provider or sponsor is operating in violation of any applicable provision of state law or rule , the executive director may withdraw the approval granted under this section to the provider or sponsor .

[ (g)

Not later than January 1, 1999, the executive director shall adopt procedures to annually audit compliance with this section of not more than 10% of the approved providers and sponsors. Any provider or sponsor found to be in noncompliance shall be subject to the sanctions developed under subsection (f) of this section].

§232.880.Verification of Renewal Requirements.

(a)

Written documentation of completion of all activities applied toward continuing professional education (CPE) requirements shall be maintained by each educator.

(b)

By the date renewal is required, the educator shall verify through an affidavit in a manner determined by the executive director whether he or she is in compliance with renewal requirements, including CPE. If it is determined that an educator falsified any information submitted on the affidavit, the educator could be subject to criminal liability and sanction under §230.414 of this title (relating to Certificates for Persons with Criminal Background).

(c)

The executive director at any time may review [ shall audit ] the [ required ] documentation required for renewal under this subchapter [ of not more than 2.0% of educators renewed from September 1 - August 31 each year. ]

[ (d)

Not later than January 1, 1999, the executive director shall submit to the board proposed rules and procedures to administer this section.]

§232.890.Fees Payable Upon Certificate Renewal or Reactivation.

[ Not later than January 1, 1999, the ] The executive director shall submit to the board [ proposed rules and approve procedures to assess ] the [ following ] recommended amount of each fee [ fees ] listed in paragraphs (1)-(4) of this section:

(1)

renewal fee -- payable at the time of renewal to support the functions of the Board, including renewal, investigations, and enforcement.

(2)

reactivation of inactive certificate -- payable upon application to reactivate.

(3)

late renewal fee.

(4)

reinstatement following restitution for default on student loan or nonpayment of child support.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 1999.

TRD-9903540

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

19 TAC §232.900

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the State Board for Educator Certification or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Texas Education Code (TEC), §21.041(b)(4) and (9) which requires the State Board for Educator Certification to specify requirements for the renewal of an educator certificate, and TEC §21.045 which requires the Board to identify courses and programs that fulfill educators' continuing education requirements. The Texas Education Code (TEC) §21.041(b)(9) requires the Board to provide for continuing education requirements and §21.041(b)(4) requires the Board to specify the requirements for the renewal of a certificate. TEC §21.054(a) requires the SBEC to establish a process for identifying courses and programs that fulfill continuing education requirements.

No other statues articles or codes are affected by the proposed repeal.

§232.900.Effective Date.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 1999.

TRD-9903541

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

The new rule is proposed under the Texas Education Code (TEC), §21.041(b)(4) and (9) which requires the State Board for Educator Certification to specify requirements for the renewal of an educator certificate, and TEC §21.045 which requires the Board to identify courses and programs that fulfill educators' continuing education requirements. The Texas Education Code (TEC) §21.041(b)(9) requires the Board to provide for continuing education requirements and §21.041(b)(4) requires the Board to specify the requirements for the renewal of a certificate. TEC §21.054(a) requires the SBEC to establish a process for identifying courses and programs that fulfill continuing education requirements.

No other statutes, articles or codes are affected by the proposed new rule.

§232.900.Pilot Program.

The executive director may approve a school district under §232.870 of this title (relating to Approval of Continuing Professional Education Provider or Sponsor) to develop alternative approaches that allow educators to satisfy the continuing professional development requirements of this subchapter.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 1999.

TRD-9903542

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

Chapter 241. Principal Certificate

19 TAC §§241.1, 241.5, 241.20, 241.30, 241.35, 241.40

The State Board for Educator Certification proposes amendments to §§241.1, 241.5, 241.20, 241.30, 241.35 and 241.40, concerning Principal Certificate. On September 1, 1999, the Board will implement the Standard Certificate which must be renewed every five years, and cease issuing lifetime certificates. The amendments propose the deletion of language in existing rules that conflict with the new requirements.

Section 241.1 eliminates subsection (d). Section 241.5 eliminates subsection (a)(3). Section 241.5(a)(3) is deleted. The Board does not have statutory authority to conduct criminal history checks as a condition of admission to an educator preparation program. Section 241.30(a)-(c) has been rewritten to clarify that individuals employed as assistant principals or principals - whether before or after September 1, 1999 - must complete the assessment process and develop an individual growth plan. Section 241.35(c) adds language requiring each assessment provider to report to SBEC a list of individuals who have completed an assessment. Section 241.40(a)-(b) changes the implementation date for issuance of the Standard Principal Certificate, based on the last Board meeting. The Standard Mid-Management Certificate will be issued from September 1, 1999 through August 31, 2000.

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the rules are in effect there will be fiscal implications as a result of enforcing or administering the rules. Proper implementation of the above procedures would require staff and technology resources at SBEC. Districts and other providers would incur similar costs. Educators may have to pay some or all of the costs associated with continuing professional education requirements.

Ms. Tackett also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be update rules and regulations. There will be no effect on small businesses. There may be anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed rules may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The amendments are proposed under Texas Education Code (TEC) §21.041(b)(9) which requires the Board to provide for continuing education requirements and §21.041(b)(4) which requires the Board to specify the requirements for the renewal of a certificate. TEC §21.054(a) requires the SBEC to establish a process for identifying courses and programs that fulfill continuing education requirements. TEC §21.054(b) requires that continuing education for principals be based on an individual assessment at least once every five years and that an individualized professional growth plan be developed based on the assessment results.

No other statues, articles or codes are affected by the proposed amendments.

§241.1.General Provisions.

(a)

Due to the critical role the principal plays in campus effectiveness and student achievement, and consistent with the Texas Education Code (TEC) §21.046(c), the rules adopted by the State Board for Educator Certification will ensure that each candidate for the Principal Certificate is of the highest caliber and possesses the knowledge and skills necessary for success.

(b)

As required by TEC §21.046(b)(1)-(6), the standards identified in §241.15 of this title (relating to Standards for the Principal Certificate) emphasize instructional leadership; administration, supervision, and communication skills; curriculum and instruction management; performance evaluation; organization; and fiscal management.

(c)

Each individual serving as a principal or assistant principal is expected to actively participate in professional development activities to continually update his or her knowledge and skills. Currency in best practices and research as related to both campus leadership and student learning is essential.

[ (d)

The Principal Certificate shall be the appropriate certificate for employment as an assistant principal or principal, pursuant to TEC§21.003(a).]

§241.5.Minimum Requirements for Admission to a Principal Preparation Program.

(a)

Prior to admission to a preparation program leading to the Principal Certificate, an individual must:

(1)

hold a baccalaureate degree from an accredited institution of higher education; [ and ]

(2)

demonstrate an acceptable combination of a score on a nationally-normed assessment and grade point average, as determined by the preparation program[ ; and ]

[ (3)

successfully resolve any criminal history, as defined by §249.23 of this title (relating to Criminal Background).]

(b)-(c)

(No change.)

§241.20.Requirements for the Issuance of the [ Provisional ] Conditional Principal Certificate and the Induction Period.

(a)

To be eligible to receive the [ Provisional ] Conditional Principal Certificate, the individual must:

(1)

successfully complete the assessments required under Chapter 230, Subchapter A, §230.5 of this title (relating to Educator Assessment); and

(2)

have two years of creditable teaching experience as a classroom teacher, as defined by Chapter 230, Subchapter Y of this title (relating to Definitions).

(b)

The induction period must occur during employment as an assistant principal or principal in a Texas public or private school, as defined by Chapter 230, Subchapter Y of this title. An individual seeking to enter the induction period more than five years after the date of issuance of the [ Provisional ] Conditional Principal Certificate must be approved by the educator preparation program that recommended him or her for the certificate. To ensure that the individual possesses the knowledge and skills identified in the standards under §241.15 of this title (relating to Standards for the Principal Certificate), the preparation program may require the individual to satisfy certain requirements prior to entering and/or during the induction period.

§241.30.Requirements to Renew the Standard Principal Certificate.

(a)

Each individual who holds the Standard Principal or Mid-Management Certificate, issued on or after September 1, 1999, is subject to Chapter 232, Subchapter R of this title (relating to Certificate Renewal and Continuing Professional Education Requirements), except that 200 hours of continuing professional education must be completed every five years .

(b)

An individual who holds a valid Texas professional administrator certificate issued prior to September 1, 1999, and who is employed as a principal or assistant principal:

(1)

must complete an [ the ] assessment [ described in ] approved under §241.35 of this title (relating to Assessment Process Definition and Approval of Individual Assessments) and develop a professional growth plan as described in subsection (e) no later than August 31, 2004 and once in each subsequent five year period ; and

(2)

may voluntarily [ voluntary ] comply with the requirements of [ this section ] subsection (a) under procedures adopted by the executive director under Subchapter R, §232.810 of this title (relating to Voluntary Renewal of Current Texas Educators). The executive director shall report to the employing school district those individuals who choose to renew under this subsection.

(c)

An individual who holds a valid Texas professional administrator certificate issued prior to September 1, 1999, and who is not employed as an assistant principal or principal may voluntarily comply with the requirements of this section under procedures adopted by the executive director under Subchapter R, §232.810 of this title. [ To satisfy the requirements of this section, an individual must complete 200 clock hours of continuing professional education every five years. The activities must fulfill the professional growth plan developed under subsection (e). ]

(d)

Individuals holding the Standard Principal Certificate or Standard Mid-Management must select an assessment from the list approved under §241.35 of this title and [ must ] should participate in the assessment the first year of employment as a principal or assistant principal. Follow-up assessments should be completed in the first year of each five-year renewal period. The individual seeking to renew is solely responsible for selecting the assessment used to satisfy the requirements of this subsection.

(e)

Based on the results of the assessment required under subsection (d) of this section, each individual shall develop a professional growth plan which [ includes components adopted by the executive director. The plan must be ] is directly related to the standards identified in §241.15 of this title (relating to Standards for the Principal Certificate), and must allow for the prioritization of professional growth needs.

(f)

Consistent with TEC §21.054(b), the results of the individual assessment and the professional growth plan shall be used exclusively for professional growth purposes, and may only be released with the approval of the individual assessed.

§241.35.Assessment Process Definition and Approval of Individual Assessments.

(a)

The individual assessment process determines primarily through a series of job-like activities the presence of knowledge and skills directly related to the standards identified in §241.15 of this title (relating to Standards for the Principal Certificate). The assessment process will include a structured self-assessment and may also include other job-related activities as appropriate. Job-related activities must also determine the presence of skills related to the standards identified in §241.15 of this title. The assessment must be conducted and completed within a 30-day time period.

(b)

[ Not later than January 1, 1999, the ] The executive director shall implement procedures to approve the individual assessments that may be used to satisfy §241.30(d) of this title (relating to Requirements to Renew the Standards Principal Certificate). The executive director shall adopt procedures to receive and investigate complaints that allege noncompliance with this section, including available sanctions against the assessment provider if the investigation determines noncompliance has occurred.

(c)

Upon completion, the assessment provider must report to SBEC the individuals who have completed an approved assessment.

(d)

[ (c) ] The following characterize an appropriate assessment and must be included in the approval criteria adopted by the executive director:

(1)

performance is analyzed solely on the presence of defined skills embedded in the assessment activities;

(2)

standards of performance on defined skills are measured in a consistent manner;

(3)

a minimum of two assessors integrate their analyses of data for the individual being assessed;

(4)

assessors are chosen by the assessment provider and must successfully demonstrate both a strong familiarity with the principalship and leadership skills and are in no way involved in evaluation activities or employment decisions affecting the principal being assessed;

(5)

assessors are trained by the assessment provider and must successfully demonstrate acceptable performance for the following assessor duties:

(A)

assessment process procedures;

(B)

analysis of performance of individuals being assessed in job-like activities;

(C)

integration of data from job-like and job-related activities; and

(D)

development of detailed feedback related to the standards identified in §241.15 of this title.

(6)

structured feedback provides detailed results for each of the standards assessed, compares the results with the self-assessment required under this section, and includes a series of recommendations identifying specific professional development activities that should be considered in the development of the professional growth plan required under §241.30(d) of this title; and

(7)

documentation verifies that the assessment process has been field tested for appropriate content and design.

§241.40.Implementation Dates.

(a)

September 1, 1999 -- §241.1 of this title (relating to General Provisions); [ §241.25(1) of this title (relating to Requirements for Issuance of the Standard Principal Certificate); ] §241.30 of this title (relating to Requirements to Renew the Standard Principal Certificate); and §241.35 of this title (relating to Assessment Process Definition and Approval of Individual Assessments).

(b)

September 1, 2000 -- §241.5 of this title (relating to Minimum Requirements for Admission to a Principal Preparation Program); §241.10 of this title (relating to Preparation Requirements); and §241.15 of this title (relating to Standards for the Principal Certificate); §241.25(1) of this title (relating to Requirements for Issuance of the Standard Principal Certificate) .

(c)

September 1, 2001 -- §241.20 of this title (relating to Requirements for Issuance of the [ Provisional ] Conditional Principal Certificate and the Induction Period.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 1999.

TRD-9903543

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001

Chapter 242. Superintendent Certificate

19 TAC §§242.5, 242.10, 242.15, 242.20, 242.25, 242.30

The State Board for Educator Certification proposes amendments to §§242.5, 242.10, 242.15, 242.20, 242.25 and 242.30, concerning Superintendent Certificate. On September 1, 1999, the Board will implement the Standard Certificate which must be renewed every five years, and cease issuing lifetime certificate. The amendments also propose the deletion of language in existing rules that conflict with the new requirements

Section 242.5(b) changes the word "provisional" to "Conditional" while subsection (e) is rewritten. Section 242.10 deletes subsection (c). Section 242.15 adds the word "Standard" to "Superintendent Certificate". Section 242.20 changes the word "candidate" to "individual". Section 242.25 clarifies the mentoring requirements for first-time superintendents. Section 242.30(e) deletes the requirement that SBEC place a designation of "exemplary" on the certificate or service record of those superintendents who voluntarily comply with renewal requirements. This requirement is not contained in the rules governing teachers and principals. The Board recommends that consistent language be used in all three rules regarding placing a designation on the certificate of those educators that voluntarily comply with renewal requirements. Both the general Certificate Renewal rule and the Principal rule require that SBEC report voluntary compliance of educators, but neither require placement of a designation on the certificate. The Board recommends that this language be deleted from the Superintendent rule, with the understanding that the virtual certificate will be designed to clearly show when an educator has voluntarily complied with renewal requirements.

Pamela B. Tackett, Executive Director, State Board for Educator Certification (SBEC) has determined that for the first five-year period the rules are in effect there will be fiscal implications as a result of enforcing or administering the rules. Proper implementation of the above procedures would require staff and technology resources at SBEC. Districts and other providers would incur similar costs. Educators may have to pay some or all of the costs associated with continuing professional education requirements.

Ms. Tackett also has determined that for each year of the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be current and updated regulations. There will be no effect on small businesses. There may be anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposed rules may be submitted to: Stephanie Korcheck, Director of Policy and Planning, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The amendments are proposed under Texas Education Code (TEC) §21.041(b)(9) which requires the Board to provide for continuing education requirements and §21.041(b)(4) which requires the Board to specify the requirements for the renewal of a certificate. TEC §21.054(a) requires the SBEC to establish a process for identifying courses and programs that fulfill continuing education requirements. TEC §21.054(b) requires that continuing education for principals be based on an individual assessment at least once every five years and that an individualized professional growth plan be developed based on the assessment results.

No other statutes, articles or codes are affected by the proposed amendments.

§242.5.Minimum Requirements for Admission to a Superintendent Preparation Program.

(a)

Successful completion of an assessment that is based upon characteristics of effective educational leaders.

(b)

Hold, at a minimum, a [ provisional ] Conditional Principal Certificate, issued under Chapter 241 of this title (relating to Principal Certificate).

(c)

Hold, at a minimum, a Master's degree from an accredited institution of higher education.

(d)

As determined by the preparation program, an acceptable combination of scores from a nationally-normed assessment and grade point average.

(e)

Each preparation program must develop and implement specific criteria and procedures that allow admitted individuals to substitute experience and/or professional training directly related to the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate) for part of the preparation requirements. [ Successfully resolve any criminal history, as defined by §249.23 of this title (relating to Representation of Parties). ]

§242.10.Preparation Program Requirements.

(a)

The design of the superintendency preparation program resides with the SBEC-approved educator preparation program(s)and curricula and coursework shall be based upon the standards in §242.15 of this title (relating to Standards Required for the Superintendent Certificate).

(b)

The superintendency shall include a field-based practicum whereby candidates must demonstrate proficiency in each of the eight standards in §242.15 of this title.

[ (c)

Each preparation program must develop and implement specific criteria and procedures that allow admitted individuals to substitute experience and/or professional training directly related to the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate) for part of the preparation requirements.]

§242.15.Standards Required for the Superintendent Certificate.

(a)

The knowledge and skills identified in this section must be used by the Board as the basis for developing the assessment(s) required to obtain the Standard Superintendent Certificate.

(b)-(i)

(No change.)

§242.20.Requirements for the Standard Superintendent Certificate.

(a)

The [ candidate ] individual shall satisfactorily complete an assessment based on the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate).

(b)

The [ candidate ] individual shall successfully complete an SBEC-approved superintendent preparation program and be recommended for certification by that program.

§242.25.Requirements for the First-Time Superintendent in Texas.

(a)

First-time superintendents (including the first time in the state) shall participate in a one-year mentorship [ to ] which should include at least 36 clock hours of professional development directly related to the standards identified in §242.15 of this title (relating to Standards Required for the Superintendent Certificate).

(b)

During [ this ] the one-year mentorship, the superintendent [ must ] should have contact with his or her mentor at least [ twelve times ] once a month . The mentorship program [ for first-year superintendents ] must be completed within the first 18 months of employment in the superintendency in order to maintain the standard certificate.

(c)

Experienced superintendents willing to serve as mentors must participate in training for the role.

§242.30.Requirements for Continuing Education and the Renewal of the Standard Superintendent Certificate.

(a)

Each individual who holds the Standard Superintendent Certificate issued on or after September 1, 1999, and who is employed as a superintendent by a Texas public school district is subject to the requirements of Chapter 232, Subchapter R of this title (relating to Certificate Renewal and Continuing Professional Education) except §232.830(d) of this title (relating to Requirements for Certificate Renewal).

(b)

An individual who holds a valid Texas professional administrator certificate issued prior to September 1, 1999, may voluntarily comply with the requirements of this section under procedures adopted by the executive director under §232.810, Subchapter R, of this title (relating to Voluntary Renewal of Current Texas Educators).

(c)

To satisfy the requirements of this section, an individual must complete 200 clock hours of continuing professional education every five years directly related to the standards in §242.15 of this title (relating to Standards Required for the Superintendent Certificate).

(d)

If an individual employed as a superintendent in a Texas public school does not meet the requirements, the [ SBEC ] executive director will notify that superintendent's board of trustees.

[ (e)

For superintendents who meet or exceed these requirements, an exemplary designation using a format approved by the executive director shall be placed on the individual's certificate or service record.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 14, 1999.

TRD-9903544

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: July 25, 1999

For further information, please call: (512) 469-3001