TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

The State Board for Educator Certification (SBEC) adopts the following changes to Chapter 230, concerning Professional Educator Preparation and Certification, without changes to the proposed text as published in the October 15, 1999, issue of the Texas Register (24 TexReg 8862) and will not be republished: the repeal of Subchapter D, §230.91, concerning Local Cooperative Teacher Education Centers; an amendment to Subchapter E, §230.121, concerning Center for Professional Development of Teachers; the repeal of Subchapter F, §§230.151 - 230.161, concerning Professional Educator Preparation; amendments to Subchapter G, §§230.191 - 130.193 and 230.195 - 130.199, concerning Program Requirements for Preparation of School Personnel for Initial Certificates and Endorsements; the repeal of Subchapter H, §230.231, concerning Alternative Certification of Teachers and the repeal of Subchapter I, §§230.261 - 230.271, concerning Standards for Approval of Institutions Offering Graduate Education Programs for Professional Certification. The SBEC also adopts changes to Subchapter J, which include the following: an amendment to §230.301, the repeal of §230.302 and §230.303 and amendments to §§230.304 - 230.308, 230.310, 230.311 and 230.316, concerning Certification Requirements for Educators Other than Classroom Teachers and Educational Aides. The SBEC adopts the repeal of Subchapter K, §230.361, concerning Alternative Certification of Administrators; the repeal of Subchapter L, §230.391, concerning Postbaccalaureate Requirements for Persons Seeking Initial Teacher Certification Through Approved Texas Colleges and Universities; an amendment to Subchapter M, §230.413, concerning Certificate of Educators in General and the repeal of Subchapter R, §230.531 and §230.532, concerning Record of Certificates.

The adopted changes repeal and amend various provisions of current rules that conflict with 19 TAC Chapter 227, concerning Admission to an Educator Preparation Program and Chapter 228, concerning Requirements for Educator Preparation Programs, which were adopted by the SBEC at its May 7, 1999 meeting.

The repeal of Subchapter R, Record of Certificates, will remove conflicts with recently enacted legislation. The adopted repeals remove rules requiring parent notification when their child is taught for more than 30 consecutive instructional days by an individual serving on an emergency permit or an uncertified individual. Also, current rules requiring an individual seeking employment to work as a teacher to present their certificate for filing with the employing district is duplicative of current statute and is not necessary. House Bill 618 which takes effect with the 1999 - 2000 school year, supercedes these rules.

Elsewhere in this issue of the Texas Register , the SBEC is contemporaneously adopting amendments and repeals to Chapter 232, Subchapter M, concerning Types and Classes of Certificates Issued. The SBEC also adopts a new Chapter 245, concerning Certification of Educators from Other Countries.

In its proposed Framework for Educator Preparation and Certification the SBEC states as an underlying assumption that "Board rules must identify a single set of standards applicable to all educator preparation programs to enhance flexibility in program delivery and to accommodate multiple routes." Consistent with that assumption, the SBEC has adopted new rules to govern admission to an educator preparation program (Chapter 227) and the operation of educator preparation programs (Chapter 228). The purpose of these new rules is to enhance flexibility and accommodate multiple approaches for the design and delivery of programs leading to certification. The rules reflect the SBEC's belief that its role is to clearly define what the candidate for certification must know and be able to do upon completing a preparation program, and to then assess the success of the program in delivering the required knowledge and skills. Who programs admit and how the expected knowledge and skills are delivered should largely be left to the discretion of each program. This approach is possible because all educator preparation programs are held accountable for their performance through the Accountability System for Educator Preparation (ASEP), which reflects the performance of their students on the examinations required for certification.

As reflected in Chapter 227, the Board has established the minimum components of admissions policies, but does not prescribe the content of the policies. Programs must:

identify procedures to screen applications to determine appropriateness for the certificate sought;

verify college-level skills in reading, oral and written communication, critical thinking, and mathematics (note that neither an assessment nor test is mentioned);

establish academic criteria that are consistently applied to all applicants; and

develop procedures that allow admitted individuals to substitute relevant experience and training for part of the preparation requirements. (For example, a retired chemist seeking certification should be allowed to skip required coursework in chemistry.)

Under the new rules governing educator preparation programs (Chapter 228), all programs will operate under the same set of rules that accommodate different ways of delivering educator preparation to the different types of prospective educators. The elements described below are widely recognized as critical components of successful educator preparation programs and will be required of all SBEC-approved programs. The program must:

design, deliver, and evaluate educator preparation through a collaborative effort involving institutions of higher education, public and private schools, regional education service centers, and business and community interests;

base preparation on the relevant Texas Essential Knowledge and Skills (TEKS) for each certificate;

provide on-going and relevant field-based experiences throughout the entire program in a variety of settings with diverse student populations;

require all students to complete at least 12 weeks of a full-day teaching practicum prior to recommending students for certification;

establish benchmarks and structured assessments to measure throughout the program the progress of candidates for certification; and

continuously evaluate the design and delivery of the program's curriculum based on performance data, research-based promising practices, and internal and external assessments.

It is important to note that the new rule does not explicitly define "on-going and relevant field-based experiences" because the SBEC recognizes that field-based experiences will be provided differently by the various preparation programs. It will be up to each program to determine what this term means for the students being served, and it is entirely possible and appropriate that "ongoing" for a college junior will be different than "ongoing" for a mid-career individual seeking certification. Further, please note that the 12-week full-day teaching practicum can be interpreted in a variety of ways and should not be thought of exclusively as the "traditional" student teaching block that occurs in the final semester of college.

By deliberately not setting explicit standards for field-based experiences, the SBEC is encouraging flexibility and creativity to allow programs to attract and serve all of the people that might be interested in seeking certification.

The specific repeals and amendments adopted in this item are as follows:

1. All requirements that prescribe a specific amount of collaboration, field-based preparation, or student teaching are proposed for repeal.

2. All provisions that reference the operation of university baccalaureate and post-baccalaureate programs, alternative certification programs (ACP), and Centers for the Professional Development of Teachers (CPDT) are proposed for repeal, except that:

the probationary certificate available to post-baccalaureate and ACP students is moved to Chapter 232, Subchapter M;

the unique teaching certificates available through ACPs are moved to Chapter 230, Subchapter G; and until September 1, 2001, institutions of higher education may apply to the Board for designation as a CPDT. (Funds were not appropriated to support the creation of additional CPDTs, however funds are available to complete the three-year funding cycle for institutions that are eligible for 2nd- and 3rd-year funding).

By repealing and amending current rules, all educator preparation programs will follow the same set of quality program standards that will assure consistency in educator preparation as well as the accountability of those programs through the Accountability System for Educator Preparation (ASEP). While entities are held accountable, the new rules provide for much flexibility and creativity in the design and delivery of educator preparation.

No comments were received regarding adoption of the rules.

Texas Education Code (TEC) §21.044, requires the Board to establish training requirements a person must accomplish to obtain a certificate; TEC §21.045, requires the Board to propose rules establishing standards to govern the approval and continuing accountability of all educator preparation programs; TEC §21.047 requires the Board to provide for Centers for the Professional Development of Teachers; and TEC §21.049 directs the Board to provide alternative routes to certification.

Subchapter D. LOCAL COOPERATIVE TEACHER EDUCATION CENTERS

19 TAC §230.91

This repeal is adopted under the Texas Education Code (TEC), §21.051, which requires the State Board for Educator Certification to propose rules providing flexible options for field experience or internships required for certification.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000235

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter E. CENTERS FOR PROFESSIONAL DEVELOPMENT OF TEACHERS

19 TAC §230.121

The amendments are adopted under the Texas Education Code (TEC), §21.047, which allows the State Board for Educator Certification to propose rules that create a process to establish centers for professional development of teachers.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000236

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter F. PROFESSIONAL EDUCATOR PREPARATION

19 TAC §§230.151 - 230.161

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000237

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter G. CERTIFICATION REQUIREMENTS FOR CLASSROOM TEACHERS

19 TAC §§230.191 - 230.193, 230.195 - 230.199

The amendments are adopted under the Texas Education Code (TEC), §§21.041(b)(2) and (4), 21.044, 21.048, 21.050 and 29.902, which require the State Board for Educator Certification to propose rules that establish the academic, internship, and examination requirements for all candidates for certification as well as the classes of certificates offered, including establishment of standards for professional and paraprofessional personnel who conduct driver education courses.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000238

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter H. ALTERNATIVE CERTIFICATION OF TEACHERS

19 TAC §230.231

The repeal is adopted under the Texas Education Code (TEC), §21.049, which requires the State Board for Educator Certification to propose rules providing for alternative certification programs

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000239

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter I. STANDARDS FOR APPROVAL OF INSTITUTIONS OFFERING GRADUATE EDUCATION PROGRAMS FOR PROFESSIONAL CERTIFICATION

19 TAC §§230.261 - 230.271

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000240

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter J. CERTIFICATION REQUIREMENTS FOR EDUCATORS OTHER THAN CLASSROOM TEACHERS AND EDUCATIONAL AIDES

19 TAC §230.301

The amendment is adopted under the Texas Education Code (TEC), §21.045, which requires the State Board for Educator Certification to propose rules establishing standards to govern the approval of all educator preparation programs.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000241

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


19 TAC §230.302, §230.303

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000242

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


19 TAC §§230.304 - 230.308, 230.310, 230.311, 230.316

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000243

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter K. ALTERNATIVE CERTIFICATION OF ADMINISTRATORS

19 TAC §230.361

The repeal is adopted under the Texas Education Code (TEC), §21.049, which requires the State Board for Educator Certification to propose rules providing for alternative certification programs.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000244

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter L. POSTBACCALAUREATE REQUIREMENTS FOR PERSONS SEEKING INITIAL TEACHER CERTIFICATION THROUGH APPROVED TEXAS COLLEGES AND UNIVERSITIES

19 TAC §230.391

The repeal is adopted under the Texas Education Code (TEC), §§21.041(b)(2) and (4), 21.044, 21.048, and 21.050 which require the State Board for Educator Certification to propose rules that establish the academic, internship, and examination requirements for all candidates for certification as well as the classes of certificates offered.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000245

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter M. CERTIFICATION OF EDUCATORS IN GENERAL

19 TAC §230.413

The amendment is adopted under Texas Education Code (TEC), §21.041(b)(4), which requires the Board to propose rules that specify the requirements for the issuance and renewal of an educator certificate.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000246

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter R. RECORD OF CERTIFICATES

19 TAC §230.531, §230.532

The repeals are adopted under Texas Education Code (TEC), Chapter 21, Subchapter B, §21.031, which requires the State Board for Educator Certification to regulate and oversee all aspects of certification; §21.041(b)(1) which requires the State Board for Educator Certification to provide for general administration of the subchapter; §21.041(b)(2), which requires the State Board for Educator Certification to propose rules that specify the classes of certificates to be issued, including emergency certificates; and §21.041(b)(4), which requires the State Board for Educator Certification to specify the requirements for the issuance and renewal of an educator certificate.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000247

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Chapter 232. GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED

Subchapter M. TYPES AND CLASSES OF CERTIFICATES ISSUED

The State Board for Educator Certification (SBEC) adopts amendments to §232.500 and §232.510, concerning the types and classes of educator certificates the Board issues, and adopts new §232.515, concerning standards for the issuance of classroom teaching certificates, without changes to the proposed text as published in the December 3, 1999, issue of the Texas Register (24 TexReg 10703) and will not be republished. The SBEC also adopts the repeal of §232.520, concerning effective date, without changes to the proposed text as published in the December 3, 1999, issue of the Texas Register (24 TexReg 10703) and will not be republished.

The amendments and new rules are adopted to refine the definitions of types and classes of certificates as required by statute and to establish the principles under which the Board will adopt standards for the issuance of classroom teaching certificates, including master teacher certificates.

The amendments to §232.500 and the repeal of §232.520, amend various provisions of current rules that conflict with 19 TAC Chapter 227, concerning Admission to an Educator Preparation Program and Chapter 228, concerning Requirements for Educator Preparation Programs, which were adopted by the SBEC at its May 7, 1999, meeting.

The SBEC is contemporaneously adopting amendments to Chapter 230, concerning Professional Educator Preparation and Certification, elsewhere in this issue of the Texas Register . The following information pertains to the amendment of Chapter 230 as well as the amendment to §232.500 and the repeal of §232.520:

In its proposed Framework for Educator Preparation and Certification the SBEC states as an underlying assumption that "Board rules must identify a single set of standards applicable to all educator preparation programs to enhance flexibility in program delivery and to accommodate multiple routes." Consistent with that assumption, the SBEC has adopted new rules to govern admission to an educator preparation program (Chapter 227) and the operation of educator preparation programs (Chapter 228). The purpose of these new rules is to enhance flexibility and accommodate multiple approaches for the design and delivery of programs leading to certification. The rules reflect the SBEC's belief that its role is to clearly define what the candidate for certification must know and be able to do upon completing a preparation program, and to then assess the success of the program in delivering the required knowledge and skills. Who programs admit and how the expected knowledge and skills are delivered should largely be left to the discretion of each program. This approach is possible because all educator preparation programs are held accountable for their performance through the Accountability System for Educator Preparation (ASEP), which reflects the performance of their students on the examinations required for certification.

As reflected in Chapter 227, the Board has established the minimum components of admissions policies, but does not prescribe the content of the policies. Programs must:

identify procedures to screen applications to determine appropriateness for the certificate sought;

verify college-level skills in reading, oral and written communication, critical thinking, and mathematics (note that neither an assessment nor test is mentioned);

establish academic criteria that are consistently applied to all applicants; and

develop procedures that allow admitted individuals to substitute relevant experience and training for part of the preparation requirements. (For example, a retired chemist seeking certification should be allowed to skip required coursework in chemistry.)

Under the new rules governing educator preparation programs (Chapter 228), all programs will operate under the same set of rules that accommodate different ways of delivering educator preparation to the different types of prospective educators. The elements described below are widely recognized as critical components of successful educator preparation programs and will be required of all SBEC-approved programs. The program must:

design, deliver, and evaluate educator preparation through a collaborative effort involving institutions of higher education, public and private schools, regional education service centers, and business and community interests;

base preparation on the relevant Texas Essential Knowledge and Skills (TEKS) for each certificate;

provide ongoing and relevant field-based experiences throughout the entire program in a variety of settings with diverse student populations;

require all students to complete at least 12 weeks of a full-day teaching practicum prior to recommending students for certification;

establish benchmarks and structured assessments to measure throughout the program the progress of candidates for certification; and

continuously evaluate the design and delivery of the program's curriculum based on performance data, research-based promising practices, and internal and external assessments.

It is important to note that the new rule does not explicitly define "ongoing and relevant field-based experiences" because the SBEC recognizes that field-based experiences will be provided differently by the various preparation programs. It will be up to each program to determine what this term means for the students being served, and it is entirely possible and appropriate that "ongoing" for a college junior will be different than "ongoing" for a mid-career individual seeking certification. Further, please note that the 12-week full-day teaching practicum can be interpreted in a variety of ways and should not be thought of exclusively as the "traditional" student teaching block that occurs in the final semester of college.

By deliberately not setting explicit standards for field-based experiences, the SBEC is encouraging flexibility and creativity to allow programs to attract and serve all of the people that might be interested in seeking certification.

The specific repeals and amendments adopted in this item are as follows:

1. All requirements that prescribe a specific amount of collaboration, field-based preparation, or student teaching are proposed for repeal.

2. All provisions that reference the operation of university baccalaureate and post-baccalaureate programs, alternative certification programs (ACP), and Centers for the Professional Development of Teachers (CPDT) are proposed for repeal, except that:

the probationary certificate available to post-baccalaureate and ACP students is moved to Chapter 232, Subchapter M;

the unique teaching certificates available through ACPs are moved to Chapter 230, Subchapter G; and until September 1, 2001, institutions of higher education may apply to the Board for designation as a CPDT. (Funds were not appropriated to support the creation of additional CPDTs, however funds are available to complete the three-year funding cycle for institutions that are eligible for 2nd- and 3rd-year funding).

By repealing and amending current rules, all educator preparation programs will follow the same set of quality program standards that will assure consistency in educator preparation as well as the accountability of those programs through the Accountability System for Educator Preparation (ASEP). While entities are held accountable, the new rules provide for much flexibility and creativity in the design and delivery of educator preparation.

No comments were received regarding adoption of the rules.

19 TAC §§232.500, 232.510, 232.515

The amendments and new rule are adopted under Texas Education Code §21.041(2) and (3), which requires the State Board for Educator Certification to propose rules specifying the classes of certificates and their periods of validity, and §21.048(a), which requires the Board to prescribe comprehensive examinations for each class of certificate.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000248

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: December 3, 1999

For further information, please call: (512) 469-3011


19 TAC §232.520

The repeal is adopted under the Texas Education Code (TEC), §21.041(b)(2) and (3) which require the State Board for Educator Certification to specify the classes of educator certificates to be issued and the period of validity for each class of certificate.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000249

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: December 3, 1999

For further information, please call: (512) 469-3011


Chapter 245. CERTIFICATION OF EDUCATORS FROM OTHER COUNTRIES

19 TAC §§245.1, 245.5, 245.10, 245.15

The State Board for Educator Certification (SBEC) adopts a new Chapter 245, Certification of Educators from Other Countries, §§245.1, 245.5, 245.10 and 245.15, concerning General Provisions, Requirements for Issuance of a Texas Certificate Based on a Certification from Another Country, Application Procedures and Evaluation of College Credentials, without changes to the proposed text as published in the October 15, 1999, issue of the Texas Register (24 TexReg 8887) and will not be republished. The new rules establish requirements for educators from other countries and give the degree and educator credential issued by another country the same standing as credentials issued by another state within the United States or a territory of the United States.

Elsewhere in this issue of the Texas Register , the SBEC contemporaneously adopts an amendment to Chapter 230, Subchapter M, concerning Certification of Educators in General.

Under current rules, individuals who complete degrees and educator preparation programs outside of the United States and who do not hold acceptable certificates issued by another state must complete a Texas educator preparation program to qualify for Texas educator certification. There are several issues relating to applicants from other countries;

Verification of English Language Proficiency for Applicants from Other Countries

Currently, Chapter 230, Subchapter M, relating to Certification of Educators in General, stipulates that all applicants for Texas certificates must be able to speak and understand the English language sufficiently to use it easily and readily in conversation and teaching. Individuals completing approved Texas educator preparation programs are assessed for English language proficiency as part of their preparation programs. At its May 1999 meeting, the SBEC adopted rules establishing requirements for admission to a Texas educator preparation program that include a determination of college-level skills in oral and written communication. In many cases, graduates of colleges and universities in other states are assessed for oral English language proficiency as part of their educator preparation programs. However, Chapter 230, Subchapter O, Texas Educator Certificates Based on College Credentials from Other States, does not explicitly require applicants seeking Texas certification based on credentials from other states or territories of the United States to provide evidence of English language proficiency. SBEC's recommends the proposed amendments to Chapter 230, Subchapter M, §230.413(b)(5) relating to General Requirements, that would specify options for satisfying the English language proficiency requirement. These amendments would apply to all applicants for Texas educator certificates, including educators from Texas, other states, and other countries. Both Chapter 230, Subchapter O, and the adopted new Chapter 245, Certification of Educators from Other Countries require applicants to comply with the requirements in Chapter 230, Subchapter M, General Requirements.

Criminal Background Checks for Applicants from Other Countries

Currently, SBEC conducts state criminal background checks through the Texas Department of Public Safety on all applicants for Texas educator certificates. In addition, SBEC also receives monthly reports from the National Association of State Directors of Teacher Education and Certification (NASDTEC) Clearinghouse that identifies individuals who have had their professional educator credentials annulled, denied, revoked, suspended, or otherwise invalidated in other states, U.S. Department of Defense Schools, or U.S. territories.

While most states conduct some type of criminal background check on all applicants for educator certification, many check records at the state level only. States such as Louisiana and Oklahoma require that the employing school district conduct a background check for employment purposes, not for certification. California, Arkansas and Nevada conduct national fingerprint-based criminal background checks on applicants for certification.

Because SBEC is not designated as a criminal justice or law enforcement agency, SBEC is not eligible to access international clearinghouse information regarding criminal histories. INTERPOL, the international organization that coordinates cooperation between police forces in member countries, can only provide criminal information and investigative assistance to national police forces and other law enforcement agencies.

Individuals who apply for immigrant or non-immigrant visas may or may not be required by the United States Immigration and Naturalization Service (INS) to be fingerprinted. There are many circumstances under which fingerprinting may be waived by INS. INS does require applicants for naturalization to be fingerprinted. INS submits the fingerprint cards to the Federal Bureau of Investigation (FBI) to conduct a criminal background check.

According to Background Check International (BCI), a company that conducts worldwide employment screening and criminal background checks for large companies, developed countries will provide some type of criminal clearance or background check upon request from the individual. Under-developed countries will not provide this service. However, individuals may contact their embassy or consulate and request background checks.

Applicants for certification in the Canadian province of Ontario are required to obtain a foreign criminal record check report from any country or jurisdiction in which they have spent more than two years since they turned 18 years of age. Criminal records check reports must not be older than six months. Information obtained from the Ontario College of Teachers, the licensing and regulatory agency for the teaching profession in the province of Ontario, indicates that they have found it impossible for applicants to obtain criminal records reports or police clearances from many countries. The College's research also indicates that in many countries, non-residents of that country cannot obtain reports. According to the College, it can take as long as twelve months to obtain a foreign criminal records report. Applicants who are unable to obtain a foreign report must enclose details with their application, including the original letter from the embassy, consulate or authorities in the country or jurisdiction refusing to provide the report.

SBEC recommends that individuals who are applying for Texas certification based on credentials from other countries to provide evidence that their educator credentials are in good standing and have not been revoked, suspended, or sanctioned and are not currently pending disciplinary or adverse action. In addition, SBEC staff will also conduct its normal criminal history checks with DPS on each applicant.

United States and Texas Governments and Constitutions

Graduates of Texas universities and colleges are required to complete a study of the U.S. and Texas Constitutions as part of the general education requirements for the baccalaureate degree. Only eight states have a requirement for U.S and state government as a condition for initial teacher certification.

Prior to 1986, applicants certified in other states were required to complete coursework or examinations in U.S. and Texas government to qualify for permanent Texas certification. A one-year certificate was available to allow individuals to teach in Texas while completing the government requirement. In June 1986, the State Board of Education (SBOE) discontinued the government requirement for out-of-state applicants. At that time, the ExCET exams became the only requirements for permanent certification.

SBEC adopts that the current practice of not requiring courses in U.S. and Texas Constitutions for certification be applied to out of country applicants as well.

Equivalency of Credentials from Other Countries

Because SBEC does not currently have the resources to evaluate foreign credentials, the proposed rule would require foreign applicants to use a credential evaluation service recognized by the Executive Director. Since there is no governmental agency within the United States that monitors the establishment of foreign credential evaluation services, many state departments of education and licensing agencies accept reviews of foreign credentials from evaluation services that are members of national organizations such as the National Association of Credential Evaluation Services (NACES) or the American Association of Collegiate Registrars and Admissions Officers (AACRAO). Others require that the evaluation services follow the standards of evaluation approved by the National Council on the Evaluation of Foreign Educational Credentials (NCEFEC).

SBEC adopts that the Executive Director recognize foreign credential evaluation services that are affiliated with one of these national organizations. The cost for detailed or course-by-course evaluations ranges from $90 to $150. Additional fees are assessed for rush service. SBEC staff will use the credential evaluation in lieu of transcripts and a certificate as the basis for determining eligibility for a Texas certificate. Applicants from countries that have signed a reciprocity agreement with Texas through their membership with NASDTEC may submit transcripts and teaching credentials directly to SBEC for review.

No comments were received regarding adoption of the rules.

Texas Education Code (TEC), §21.041(b)(4) and (5) and §21.052 require the Board to adopt rules that specify the requirements for the issuance and renewal of an educator certificate and provide for the issuance of an educator certificate to a person holding a degree and a similar certificate or other credential issued by another country.

The new sections are adopted 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 degree and a similar certificate or other credential issued by another country.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000250

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Chapter 250. AGENCY ADMINISTRATION

Subchapter A. PURCHASING

19 TAC §250.2, §250.3

The State Board for Educator Certification adopts new §250.2 and §250.3, concerning Ethical Standards and Vendor Protest Procedures, without changes to the proposed text as published in the October 15, 1999, issue of the Texas Register (24 TexReg 8890) and will not be republished. The rules authorize prospective vendors to protest a purchase made in violation of the ethical standards.

The new rules place the primary responsibility for overseeing compliance with purchasing procedures and addressing violations of the ethical standards with the agency's Staff Services Officer. The state employee classification scheme designates SBEC's Staff Services Officer as the staff member primarily responsible for purchasing functions in the agency. If the Staff Services Officer is the person alleged to have violated the purchasing standards, then the Executive Director assumes responsibility for having an investigation conducted and determining whether a violation has occurred. The proposed rules further provides for corrective action against those found to have breached the ethics in purchasing standards, including termination of a current employee and debarment of a former employee or a vendor from participating in future board purchases.

The rules also provide standards for maintaining documentation about the purchasing process to be used in the event of a protest or appeal. The subsections of recommended new §250.3 define general terms used in the section, provide where and when a protest must be filed, establish the minimum contents of a protest, and identify who must receive copies of a protest. The section authorizes the SBEC to continue with the purchase process if the Executive Director makes a written determination that the purchase must go forward without delay to protect substantial interests of the State of Texas.

The new rules authorize for the Staff Services Officer to review a properly filed protest and to informally resolve the dispute by agreement of the parties. If resolution by mutual agreement is not achieved, the Staff Services Officer must issue a written decision, setting forth any corrective action to be taken. The rule establishes a process to appeal the Staff Services Officer's decision, provides where and when such appeal must be filed, and identifies who must be notified of an appeal. The section provides for review of the Staff Services Officer's determination by the Executive Director, who could ask at least one other member of the executive staff to review the appeal and to recommend a disposition. The Executive Director could decide the appeal or refer it to the Board for decision. Only the Executive Director could send the appeal to the Board for consideration: the vendor could not require the Board to hear an appeal.

Standards of conduct for board employees and vendor protest procedures are incorporated into the formal administrative rules of the board, thereby making those standards and procedures more accessible and enforceable.

Under the staff recommendation for the vendor protest rules, documentation about a protest must be maintained in accordance with the SBEC's approved records retention schedule.

No comments were received regarding adoption of the new rules.

The new rules are adopted under Texas Government Code §§572.001, 572.051, and 572.054, which establish standards of conduct for state employees and provide a basis for discipline; Texas Government Code §2155.076 (relating to vendor protest procedures) and Texas Education Code §21.040(5), which requires the Board to provide its members and employees information regarding their responsibilities under applicable laws relating to standards of conduct for state officers or employees; §21.040(6), which requires the Board to develop and implement policies that clearly define the respective responsibilities of the Board and the Board's staff; and §21.041(b)(1), which requires the Board to propose rules for the general administration of Texas Education Code Chapter 21, Subchapter B.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000251

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter B. RULEMAKING PROCEDURES

19 TAC §250.20

The State Board for Educator Certification (SBEC) adopts a new Subchapter B, Rulemaking Procedures, §250.20, concerning Petition for Adoption of Rules, without changes to the proposed text as published in the October 15, 1999, issue of the Texas Register (24 TexReg 8893) and will not be republished. The rule establishes a method for members of the public to petition the SBEC to propose a new or amended rule.

The Administrative Procedure Act (APA) requires the SBEC to prescribe the form of a petition for the adoption or amendment (including repeal) of a rule and the procedure for its submission, consideration, and disposition. New §250.20 establishes requirements for the basic form and content of a rulemaking petition. The Executive Director may deny a petition that does not meet these essential requirements, and the rejected petition would not reach the Board for consideration. The rule tracks provisions in the APA setting forth what must be contained in notices of proposed and adopted rules that are published in the Texas Register (Government Code §2001.024, §2001.033). After a petition is filed with the Executive Director, the SBEC will have 60 days to either deny the petition or initiate rulemaking procedures. The SBEC recommendation for new 19 TAC §250.20 provides both the Executive Director and the Board grounds for denying a petition.

Subsection (g) of adopted §250.20 sets out grounds upon which the SBEC may deny a petition that has passed the Executive Director's review for form and content:

1. the board lacks jurisdiction or authority to propose the rule;

2. the proposed rule conflicts with law, like the SBEC's enabling statutes or another board rule;

3. a better way to achieve the same end exists; or

4. the petitioner is improperly using the rulemaking petition in one of the following ways:

by filing a petition after having participated in the rulemaking process for a similar rule but not objecting to its proposal or adoption at the time;

by filing a petition within four years after the board considered and rejected a similar rule on the same subject matter;

by filing a petition to amend a rule proposed or adopted by the board that has not yet become effective; or

by filing a petition to amend an existing rule that is undergoing sunset review or has just undergone review within the last year.

The above mentioned list is not an exhaustive one, so the SBEC may deny a rulemaking petition for other reasons that are not arbitrary or capricious.

No comments were received regarding adoption of the new rule.

The new section is adopted under Texas Government Code §2001.021, which requires the Board to adopt a rule providing for the form and submission of petitions for adoption of rules; and Texas Education Code (TEC) §21.041(b)(1), which requires the Board to propose rules for the general administration of TEC, Chapter 21, Subchapter B.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000252

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: October 15, 1999

For further information, please call: (512) 469-3011


Subchapter C. TRAINING AND EDUCATION FOR EMPLOYEES

19 TAC §§250.30-250.34

The State Board for Educator Certification (SBEC) adopts new §§250.30-250.34, concerning training for agency staff, without changes to the proposed text as published in the December 3, 1999, issue of the Texas Register (24 TexReg 10705) and will not be republished. The new rules are made to implement Senate Bill 223, passed during the 76th session of the Texas Legislature, which requires the State Board for Educator Certification and other state agencies to adopt rules governing staff training paid for by the agency. The new rules will be used by the executive director and managers of the State Board for Educator Certification to determine appropriate training for agency employees, payment for any such training, and obligations of employees who receive training paid for by the agency.

No comments were received regarding adoption of the new rules.

The new rules are adopted under Texas Government Code, Chapter 656, Subchapters C and D, which require the Board to adopt rules governing training and education of employees.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000253

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Effective date: February 3, 2000

Proposal publication date: December 3, 1999

For further information, please call: (512) 469-3011