TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 66. STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS

Subchapter B. STATE ADOPTION OF INSTRUCTIONAL MATERIALS

19 TAC §66.28

The Texas Education Agency (TEA) proposes an amendment to 19 TAC §66.28, concerning the identification of the essential knowledge and skills that will be used in evaluating textbooks. The section specifies the essential knowledge and skills used to evaluate instructional materials submitted under proclamations of the State Board of Education (SBOE) advertising for bids on instructional materials. Texas Education Code, Chapter 28, requires that the SBOE, by rule, identify the Texas essential knowledge and skills (TEKS) that will be used in evaluating textbooks. The proposed amendment to §66.28 would adopt by reference the specifications for the TEKS used to evaluate instructional materials submitted under the call of Proclamation 1999.

In July 1997, the SBOE adopted TEKS for the foundation curriculum. The adopted TEKS do not, however, specify which of the TEKS are to be used in the individual subject areas for which instructional materials will be adopted. Proclamation 1999, approved by the SBOE in May 1999, calls for instructional materials for Science (English or Spanish), Grade 6, and Science, Grades 7-8, and the following high school courses: Integrated Physics and Chemistry, Environmental Systems, Chemistry, Physics, Astronomy, Advanced Placement (AP) Chemistry, AP Physics B, AP Physics C, AP Environmental Science, International Baccalaureate (IB) Chemistry, IB Physics, and IB Environmental Systems. The proposed amendment to §66.28 would define, by rule, the TEKS to be used to evaluate textbooks in these subjects as the TEKS contained in Proclamation 1999.

Arturo Almendarez, Deputy Commissioner for Programs and Instruction, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Almendarez and Criss Cloudt, Associate Commissioner for Policy Planning and Research, have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be to comply with Texas Education Code, Chapter 28, and to ensure that students throughout the state have access to quality instructional materials. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas, 78701, (512) 463-9701. Comments may also be submitted electronically to rules@tmail.tea.state.tx.us or faxed to (512) 475-3499. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the Texas Register .

The amendment is proposed under the Texas Education Code, §28.002, which authorizes the State Board of Education to identify the essential knowledge and skills.

The proposed amendment implements the Texas Education Code, §28.002.

§66.28.Adoption by Reference.

(a)

The sections titled "Content Requirements" in the 1997 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials are adopted by this reference as the agency's official rule governing essential knowledge and skills that shall be used to evaluate instructional materials submitted for consideration under Proclamation 1997. A copy of the 1997 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

(b)

The sections titled "Content Requirements" in the 1998 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials are adopted by this reference as the agency's official rule governing essential knowledge and skills that shall be used to evaluate instructional materials submitted for consideration under Proclamation 1998. A copy of the 1998 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

(c)

The sections titled "Content Requirements" in the 1999 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials are adopted by this reference as the State Board of Education's official rule governing essential knowledge and skills that shall be used to evaluate instructional materials submitted for consideration under Proclamation 1999. A copy of the 1999 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

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 March 13, 2000.

TRD-200001899

Criss Cloudt

Associate Commissioner, Policy Planning and Research

Texas Education Agency

Earliest possible date of adoption: April 23, 2000

For further information, please call: (512) 463-9701


Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

The State Board for Educator Certification (SBEC) proposes an amendment to §230.5 and the repeal of §230.6, concerning Subchapter A. Assessment of Educators; amendments to §§230.306, 230.308, 230.313, 230.314 and 230.319, concerning Subchapter J. Certification Requirements for Educators Other than Classroom Teachers and Educational Aides; an amendment to §230.481, concerning Subchapter P. Requirements for Standard Certificates and Specialized Assignments or Programs and an amendment to §230.506, concerning Subchapter Q. Permits. The proposed amendments and repeal will delete a requirement that candidates for certification be enrolled in their last semester of preparation as a condition to register for certification examinations. The proposed amendments will also eliminate the Texas Examination of Current Administrators and Teachers (TECAT). Regarding amendments to Subchapter J, proposed amendments to be effective September 1, 2000, will delete current requirements for assistant principal, mid-management administrator, and superintendent certificates, and proposed amendments to be effective September 2001, will eliminate the current supervisor, special education supervisor, vocational supervisor, visiting teacher, and special education visiting teacher certificates.

Barry Alaimo, Staff Services Officer, SBEC, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Alaimo also has determined that for the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be to clarify and strengthen certification standards and certification rules are simplified and clarified for educators. There will be no effect on state and local government or small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposal may be submitted to Dan Junell, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

Subchapter A. ASSESSMENT OF EDUCATORS

19 TAC §230.5

The amendment is proposed under the Texas Education Code (TEC), §§21.041(b)(2) and (4), 21.042, 21.044, 21.045, 21.048 and 21.050. The amendment is also proposed under §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 rule.

§230.5. Educator Assessment.

(a)

(No change.)

(b)

[ Anyone seeking certification as a teacher or an administrator must pass examinations prescribed by the SBEC. The effective dates of this requirement are February 1, 1986, for teachers, and February 1, 1987, for administrators. ] Anyone seeking certification as an educator [ a teacher must ] take examinations required by the Texas Education Code (TEC), §21.048, and the State Board for Educator Certification. [ except a person seeking certification as a vocational teacher based on experience and preparation. Anyone seeking certification as a vocational teacher based on experience and preparation must pass a basic skills examination approved by the SBEC. ]

(c)

Entities delivering educator preparation programs shall determine the readiness of their candidates to take the appropriate certification examinations required by subsection (b) of this section. [ Anyone seeking certification as a teacher or an administrator in Texas for the first time based upon completion of an approved teacher or administrator preparation program in Texas may take examinations under the provisions of subsection (b) of this section during the last term of the person's preparation program or during the spring term if the last term is in the summer. ]

(d)

Anyone with a Texas certificate effective before February 1, 1986, must pass [ reading and writing ] examinations prescribed by the SBEC to be eligible for continued certification , unless the individual has passed the TECAT. [ , unless a person has passed an alternative examination approved by the SBEC and administered by a school district or has passed an examination required by subsection (b) of this section. ]

(e) - (i)

(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 March 13, 2000.

TRD-200001887

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: April 23, 2000

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


19 TAC §230.6

(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)(2) and (4), 21.042, 21.044, 21.045, 21.048 and 21.050. The repeal is also 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 rule.

§230.6. 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 March 13, 2000.

TRD-200001888

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: April 23, 2000

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


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

19 TAC §§230.306, 230.308, 230.313, 230.314, 230.319

The amendments are proposed under the Texas Education Code (TEC), §§21.041(b)(2)-(4) and §21.042, which require 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.

§230.306. Supervisor.

These specific requirements are applicable in addition to the undergraduate criteria outlined in Subchapter G of this chapter (relating to Certification Requirements for Classroom Teachers).

(1) - (3)

(No change.)

(4)

The provisions of this section expire on September 1, 2001.

§230.308. Visiting Teacher.

These specific requirements are applicable in addition to the undergraduate criteria outlined in Subchapter G of this chapter (relating to Certification Requirements for Classroom Teachers).

(1) - (3)

(No change.)

(4)

The provisions of this section expire on September 1, 2001.

§230.313. Special Education Supervisor.

(a) - (b)

(No change.)

(c)

The provisions of this section expire on September 1, 2001.

§230.314. Special Education Visiting Teacher.

(a) - (b)

(No change.)

(c)

The provisions of this section expire on September 1, 2001.

§230.319. Certification Standards for Vocational Education Supportive Professional Personnel.

(a)

(No change.)

(b)

Vocational supervisor (administrator) certificate.

(1) - (3)

(No change.)

(4)

The provisions of this subsection expire on September 1, 2001.

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 March 13, 2000.

TRD-200001889

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: April 23, 2000

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


Subchapter P. REQUIREMENTS FOR STANDARD CERTIFICATES AND SPECIALIZED ASSIGNMENTS OR PROGRAMS

19 TAC §230.481

The amendment is proposed under the Texas Education Code (TEC), §§21.041(b)(2) and (4), 21.042, 21.044, 21.045, 21.048 and 21.050. The amendment is also proposed under §21.045, 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.

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

§230.481. General Provisions.

(a)

(No change.)

(b)

Standard 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; and

(2)

recommendation by an educator preparation program 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.]

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 March 13, 2000.

TRD-200001890

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: April 23, 2000

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


Subchapter Q. PERMITS

19 TAC §230.506

The amendment is proposed under the Texas Education Code (TEC), §§21.041(b)(2) and (4), 21.042, 21.044, 21.045, 21.048 and 21.050. The amendment is also proposed under §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 rule.

§230.506. Renewal Requirements.

(a)

(No change.)

(b)

Renewal procedures.

(1)

Before an emergency permit for a noncertified individual is renewed for the first time, the superintendent or designee or authorized representative must verify that[ : ]

[ (A) ]

a noncertified teacher[ , except one serving in a career and technology assignment requiring skill and experience in the areas taught, ] has satisfied the admission requirements of an educator preparation program in the areas of reading, oral and written communication , and mathematics [ ;and ].

[(B)

a noncertified teacher serving in a career and technology assignment requiring skill and experience in the areas taught has passed the Texas Examination of Current Administrators and Teachers (TECAT) or has satisfied the admission requirements of an educator preparation program in the areas of reading and oral and written communication skills.]

(2) - (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 March 13, 2000.

TRD-200001891

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: April 23, 2000

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


Chapter 232. GENERAL REQUIREMENTS APPLICABLE TO ALL CERTIFICATES ISSUED

Subchapter R. CERTIFICATE RENEWAL AND CONTINUING PROFESSIONAL EDUCATION REQUIREMENTS

19 TAC §232.830, §232.851

The State Board for Educator Certification (SBEC) proposes an amendment to §232.830 and new §232.851, concerning Subchapter R. Certificate Renewal and Continuing Professional Education Requirements. The amendments and new section relate to continuing professional education requirements for educational aides, master reading teachers, librarians, counselors and educational diagnosticians.

Barry Alaimo, Staff Services Officer, SBEC, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Alaimo also has determined that for the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be to clarify current rules. There will be no effect on state and local government or small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposal may be submitted to Dan Junell, State Board for Educator Certification, 1001 Trinity Street, Austin, Texas 78701-2603.

The amendment and new section are proposed pursuant to Texas Education Code (TEC), §21.041(b)(4) and (9) and 21.042 which require 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.

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

§232.830. Requirements for Certificate Renewal.

(a)

(No change.)

(b)

To be eligible for renewal, an educator must:

(1) - (2)

(No change.)

(3)

not be a respondent [ defendant ] in a [ formal ] disciplinary proceeding [ action ] under Chapter 249 of this title (relating to Disciplinary Proceedings, Sanctions, and Contested Cases, Including Enforcement of the Educator's Code of Ethics) [ , 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) - (7)

(No change.)

(c) - (d)

(No change.)

§232.851. Number of Required Continuing Professional Education Hours by Classes of Certificates.

(a)

Holders of the Standard Superintendent Certificate must complete 200 clock hours of continuing professional education every five years. Specific requirements are contained in §242.30 of this title (relating to Requirements for Continuing Education and the Renewal of the Standard Superintendent Certificate).

(b)

Holders of the Standard Principal Certificate must complete 200 clock hours of continuing professional education every five years. Specific requirements are contained in §241.30 of this title (relating to Requirements to Renew the Standard Principal Certificate).

(c)

Holders of the Standard School Counselor Certificate must complete 200 clock hours of continuing professional education every five years.

(d)

Holders of the Standard Learning Resources Specialist Certificate must complete 200 clock hours of continuing professional education every five years.

(e)

Holders of the Standard Educational Diagnostician Certificate must complete 200 clock hours of continuing professional education every five years.

(f)

Holders of the Standard Master Teacher Certificate must complete 200 clock hours of continuing professional education every five years.

(g)

Holders of the Standard Classroom Teacher Certificate must complete 150 clock hours of continuing professional education every five years. Specific requirements are contained in §232.850 of this title (relating to Number and Content of Required Continuing Professional Education Hours).

(h)

Holders of the Standard Educational Aide Certificate are exempt from the provisions of §232.850 of this title (relating to Number and Content of Required Continuing Professional Education Hours).

(i)

Holders of Professional Certificates issued prior to September 1, 1999, who opt in to the Standard Certificate pursuant to §232.810 of this chapter (relating to Voluntary Renewal of Current Texas Educators) must complete 200 clock hours of continuing professional education every five years.

(j)

Holders of Provisional Certificates issued prior to September 1, 1999, who opt into the Standard Certificate pursuant to §232.810 of this chapter must complete 150 clock hours of continuing professional education every five years.

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 March 13, 2000.

TRD-200001892

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: April 23, 2000

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


Chapter 249. DISCIPLINARY PROCEEDINGS, SANCTIONS, AND CONTESTED CASES INCLUDING ENFORCEMENT OF THE EDUCATOR'S CODE OF ETHICS

Subchapter F. ENFORCEMENT OF THE EDUCATOR'S CODE OF ETHICS

19 TAC §§249.46 - 249.52, 249.54, 249.55

The State Board for Educator Certification (SBEC) proposes amendments to §§249.46 - 249.52, 249.54 and 249.55, concerning Disciplinary Proceedings, Sanctions and Contested Cases Including Enforcement of the Educator's Code of Ethics. The amendments are proposed to enhance administrative efficiency and maximize agency resources in handling code of ethics cases.

Barry Alaimo, Staff Services Officer, SBEC, has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Alaimo also has determined that for the first five years the rules are in effect the public benefit anticipated as a result of enforcing the rules will be to clarify and strengthen the rules related to the code of ethics. There will be no effect on state and local government or small businesses. There are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposal may be submitted to Dan Junell, 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)(8) and §21.042.

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

§249.46. Definitions.

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

(1)

(No change.)

(2)

Complainant -- an educator or a parent or legal guardian of a student [ a person ] who files a complaint with the agency under this subchapter alleging a violation of the code of ethics by an educator. A parent or legal guardian of a student may file a complaint on behalf of the student.

(3)

Complaint -- written information submitted by a complainant, verified by affidavit and filed with the agency asking for an adjudicative hearing on [ the investigation and prosecution of ] an alleged violation of the code of ethics. The term includes any exhibits attached to a complaint and any additional written information requested by the executive director under this subchapter.

(4) - (7)

(No change.)

§249.47. Purpose and Scope.

(a)

(No change.)

(b)

[ Any person, including an educator or the parent of a student, may file a complaint against an educator under this subchapter. ] Any person may provide information to the agency regarding a possible violation of the code of ethics.

(c) - (e)

(No change.)

(f)

Only the agency may file a petition with the office seeking enforcement of the code of ethics under this subchapter. The agency may file a petition on its own initiative or on behalf of a complainant in the name of the board as the real party in interest .

(g) - (i)

(No change.)

§249.48. Time for Filing of Complaint.

A complaint under this subchapter shall be filed with the executive director no later than [ by the later of: ]

[ (1)

180 calendar days after the effective date of this subchapter; or ]

[ [(2) ]

90 calendar days after the date of the last act giving rise to the complaint.

§249.49. Form of Complaint; Required Service; Local Resolution.

(a)

A complaint shall be verified by affidavit and shall include the information specified by this subsection:

(1) - (2)

(No change.)

(3)

a clear and complete description of each act alleged to have violated the code of ethics, including the specific place, date, and time of each such act , and identification of the date of the last act alleged to have violated the code of ethics ;

(4) - (7)

(No change.)

(b) - (d)

(No change.)

§249.50. Grounds for Dismissal of a Complaint by Executive Director or Review Committee.

Under §249.51 and §249.52 of this subchapter (relating to Executive Director's Review and Notes and Appeal; Review Committee), the [ The ] executive director or the review committee may dismiss all or part of a complaint only based on a determination that:

(1)

the commissioner of education, executive director, review committee, office, or board or a court of competent jurisdiction has previously disposed of a similar complaint or petition based on the same alleged facts;

(2)

(No change.)

(3)

the complaint fails to state a violation of the code of ethics after, for purposes of determining jurisdiction only, accepting the facts relating to the alleged acts or omissions of the accused educator as stated on the face of the complaint as true;

(4)

(No change.)

(5)

the complaint is frivolous as defined by §249.53 of this subchapter [ title ] (relating to Frivolous Complaints)

§249.51. Executive Director's Review and Notice.

(a)

The executive director shall review a complaint filed under this subchapter for possible dismissal. In conducting this review, the executive director shall consider [ only ] the complaint , a single response by the accused educator, and any additional information he or she may have requested from the complainant or the staff.

(b)

Not later than 60 days after being notified of a complaint against him or her under §249.49(c) of this subchapter (relating to Form of Complaint; Required Service; Local Resolution), the accused educator or his or her representative may file with the executive director a single submission responding to the complaint.

(c)

[ (b) ] Not later than 130 [ 70 ] calendar days after receiving a complaint filed under this subchapter, the executive director shall notify appropriate staff, the complainant, and the accused educator of his or her disposition in accordance with the following:

(1)

dismissal of the complaint in whole or in part; or

(2)

approval of the complaint in whole or in part and ordering staff to file an appropriate petition on behalf of the complainant with the office within 90 [ 60 ] days of the notice provided under this subsection.

(d)

[ (c) ] The executive director may issue such further orders as are necessary to accomplish his or her intended disposition, including requiring the complainant to supplement the complaint and establishing consequences for failure to comply. The executive director shall set a reasonable deadline for staff and the complainant to comply with an order under this subsection.

(e)

[ (d) ] The executive director shall send a notice of disposition with related orders to the complainant and the accused educator by certified United States mail, return receipt requested. A notice reflecting a dismissal shall specify which of the grounds set out in §249.50 of this title (relating to Grounds for Dismissal of a Complaint by Executive Director or Review Committee) the executive director relied upon in making his or her decision.

§249.52. Appeal; Review Committee.

(a)

The complainant may appeal the executive director's dismissal by filing a notice of appeal with the executive director. The executive director shall reject without further proceedings a notice of appeal that exceeds 20 single-sided 81/2 inches x 11 inches sheet of paper in length. The executive director shall forward the notice of appeal and related materials to a review committee.

(1)-(3)

(No change.)

(b)

The presiding officer of the board or his or her designated agent shall appoint the review committee for a case that shall be composed of one teacher member, one administrator or counselor member, and one citizen member of the board. The review committee is subject to the open meetings law, Chapter 551 of the Government Code.

(c)

The review committee shall consider only the notice of appeal, the complaint, any additional information requested by the executive director, the accused educator's response, if any, appropriately filed under §249.51(b) of this subchapter (relating to Executive Director's Review and Notice), and the executive director's notice of dismissal and related orders. The review committee must render a decision before the adjournment of the next regularly scheduled board meeting following the expiration of 30 days after the deadline for filing an appeal and for which legal notice can be posted. [ Not later than 45 calendar days after the executive director's dismissal, the ] The review committee shall notify the executive director of its disposition of the appeal according to the following:

(1)

(No change.)

(2)

an order directing the executive director to have staff file an appropriate petition on behalf of the complainant with the office within 90 [ 60 ] days of the notice provided under this subsection.

(d) - (f)

(No change.)

§249.54. Petition and Answer.

(a)

The [ Only the ] agency as petitioner and the accused educator as respondent shall be parties to any contested case referred to the office under this subchapter. The petitioner shall have the burden of proof by a preponderance of evidence in any contested case brought under this subchapter.

(b) - (d)

(No change.)

§249.55. Proceedings before the Office.

(a) - (c)

(No change.)

(d)

The agency may non-suit a petition if the complainant on whose behalf the petition was filed fails to cooperate in the prosecution of the case or the executive director determines after investigation that the complaint is not supported by substantial evidence. A complainant whose petition has been non-suited by the executive director under this subchapter may appeal such a decision to the board.

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 March 13, 2000.

TRD-200001893

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: April 23, 2000

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