Part 2. TEXAS EDUCATION AGENCY

Chapter 66. STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS

Subchapter B. STATE ADOPTION OF INSTRUCTIONAL MATERIALS

19 TAC §66.51

The Texas Education Agency (TEA) proposes an amendment to 19 TAC §66.51, concerning instructional materials purchased by the state. The section establishes requirements that must be met by publishers that offer instructional materials for adoption by the State Board of Education. The section also specifies requirements for publishers of non-adopted instructional materials selected and purchased by school districts.

The proposed amendment to §66.51 would require publishers to certify that persons listed as contributors to a published work did, in fact, contribute to the work. The proposed amendment also deletes the "per-student" terminology when referencing the state maximum cost reflected in proclamations.

Specific revisions include the following. Language in subsection (a)(4) has been removed to delete the specific "per student" cost configuration. This change will expand the maximum cost determination to include other configurations such as per classroom, per teacher, or site license per school or school district. Also, new subsection (a)(7) has been added which requires publishers to submit to TEA a signed affidavit certifying that each individual whose name is listed as an author or contributor of a textbook contributed to the development of the textbook.

Ann Smisko, associate commissioner for curriculum, assessment, and technology, 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.

Ms. Smisko and Criss Cloudt, associate commissioner for accountability reporting 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 provide a guarantee to school districts and to the public that persons listed as contributors to a textbook did, in fact, contribute to the development of the textbook. The public will also benefit from the availability of expanded configurations of instructional materials. There is no anticipated economic cost to persons required to comply with the section as proposed. Publishers will incur some additional cost in preparing affidavits certifying that individuals listed as contributors to a textbook did, in fact, contribute to the development of the textbook. The cost of preparing the affidavit will vary from publisher to publisher. There may be an effect on small businesses since costs would be similar for small and large publishers.

Comments on the proposal may be submitted to Criss Cloudt, Accountability Reporting and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to rules@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, §31.003, which authorizes the State Board of Education to adopt rules for the adoption, requisition, distribution, care, use, and disposal of textbooks.

The amendment implements the Texas Education Code, §31.003.

§66.51.Instructional Materials Purchased by the State.

(a)

Instructional materials offered for adoption by the State Board of Education (SBOE).

(1)

Publishers may not submit instructional materials for adoption that have been authored by an employee of the Texas Education Agency (TEA).

(2)

The official bid price of an instructional material submission shall not exceed the price included with the official sample filed under §66.54 of this title (relating to Samples).

(3)

A teacher's component submitted to accompany student instructional materials under consideration for adoption shall be part of the publisher's official bid and shall be provided for the duration of the original contract and any contract extensions at no cost to every teacher that uses the adopted student materials in a school district or open-enrollment charter school.

(4)

Under the Texas Education Code, §31.025, the official bid price for an instructional material submission may exceed the maximum cost [ per student ] to the state that is established in the proclamation. The state shall only be responsible for payment to the publisher in an amount equal to the maximum cost. A school district ordering instructional materials is responsible for the portion of the cost that exceeds the state maximum.

(5)

Any discounts offered for volume purchases of adopted instructional materials shall be included in price information submitted with official samples and in the official bid.

(6)

The official bid filed by a publisher shall include separate prices for each item included in an instructional material submission. The publisher shall guarantee that individual items included in the student and/or teacher component shall be available for local purchase at the individual prices listed for the entire contract period.

(7)

Publishers shall submit to the TEA a signed affidavit certifying that each individual whose name is listed as an author or contributor of a textbook contributed to the development of the textbook. The affidavit shall also state in general terms each author's involvement in the development of the textbook.

(8)

[ (7) ] Instructional materials submitted for adoption shall be self-sufficient for the period of adoption. Nonconsumable components shall be replaced by the publisher during the warranty period. Consumable materials included in a student or teacher component of a submission shall be clearly marked as consumable. The cost of such consumables to the state for the entire contract period shall not exceed the maximum cost established in the proclamation.

(9)

[ (8) ] On or before the deadline established in the schedule of adoption procedures, publishers shall submit correlations of instructional materials submitted for adoption with essential knowledge and skills required by the proclamation. Correlations shall be submitted in a format approved by the commissioner of education.

(b)

Non-adopted instructional materials. A publisher of non-adopted instructional materials selected and purchased by school districts or open-enrollment charter schools under §66.104(c)-(f) of this title (relating to Selection of Instructional Materials by School Districts) shall meet all applicable requirements of the Texas Education Code, §31.151.

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 April 9, 2001.

TRD-200102021

Criss Cloudt

Associate Commissioner, Accountability Reporting and Research

Texas Education Agency

Earliest possible date of adoption: May 20, 2001

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

Chapter 241. PRINCIPAL CERTIFICATE

19 TAC §241.15

On January 5, 2001, the State Board for Educator Certification (SBEC) proposed an amendment to 19 Texas Administrative Code §241.15, relating to the standard principal certificate. This amendment was inadvertently omitted from the submission to §§241.5, 241.10, 241.20, 241.25, 241.30, and 241.40 which appeared in the March 30, 2001, issue of the Texas Register (26 TexReg 2473).

These proposed amendments are designed to eliminate unnecessary barriers to candidates seeking the standard principal certificate and to remove unduly prescriptive language in the rules. The proposed amendments would remove unnecessarily prescriptive language and allow preparation entities the full authority to set admission criteria, assessments and benchmarks, and coursework and other training for candidates for the standard principal certificate. These amendments will make Chapter 241 consistent with the guidance contained in SBEC's rules at 19 Texas Administrative Code Chapters 227 and 228, which generally governing educator preparation programs. Deleting the requirement for employment on a conditional certificate before receiving the standard certificate would allow candidates to proceed to full certification more expeditiously without unduly compromising their preparation. The proposed amendments allow candidates to complete all requirements and then be recommended for the standard principal certificate. In lieu of the conditional certificate, the amendments offer guidance for school districts in establishing induction programs to help newly certified principals succeed during their initial employment as such in Texas. The induction program amendment would become effective September 1, 2002.

No fiscal impact is anticipated for the new standard principal certificate. SBEC did not change the fee for issuing the principal certificate. There will be no effect on state or local government.

Barry Alaimo, Director of Accounting and Financial Operations, was responsible for preparing this fiscal-impact note.

The public would benefit from the revisions to the principal certification rules by allowing certified principals to assume their duties more expeditiously without unduly compromising their preparation. The public should incur no additional costs as a result of the implementation of the proposed rules. There will be no effect on small businesses.

Dan Junell, General Counsel, was responsible for preparing this public benefits and costs note.

Interested persons wishing to comment on the proposed rules must submit their comments in writing to Dan Junell, General Counsel, State Board for Educator Certification, 1001 Trinity, Austin, Texas 78701-2603, within the 30-day comment period, which begins on the date of publication of this issue of the Texas Register . The comments should contain the following title or reference: "Comments on proposed amendments to 19 TAC Chapter 241, relating to the standard principal certificate."

The amendments relating to the standard principal certificate were proposed under the authority of the following sections of the Texas Education Code: §21.040(4), which requires the Board to appoint for each class of educator certificate an advisory committee composed of members of that class to recommend standards for that class to the Board; §21.041(b)(2)-(4), which requires the Board to specify the classes of certificates to be issued, specify the period of validity for each class of educator certificate, and specify requirements for the issuance and renewal of an educator certificate; §21.046, which specify the minimum qualifications for certification as a principal; and §21.054, which requires the Board to establish a process for identifying continuing education courses and programs that fulfill continuing education requirements, including an individual assessment of a principal's knowledge, skills, and proficiencies.

No other statute, code, or article is affected by these proposed amendments.

§241.15.Standards for the Principal Certificate.

(a)

The knowledge and skills identified in this section must be used by educator preparation programs in the development of curricula and coursework and will be used by the State Board for Educator Certification as the basis for developing the assessments required to obtain the [ Provisional and ]Standard Principal Certificate [ Certificates ]. These standards must also serve as the foundation for the individual assessment, professional growth plan, and continuing professional education activities required by §241.30 of this title (relating to Requirements to Renew the Standard Principal Certificate).

(b)

Learner-Centered Values and Ethics of Leadership. A principal is an educational leader who promotes the success of all students by acting with integrity and fairness, and in an ethical manner. At the campus level, a principal understands, values, and is able to:

(1)

model and promote the highest standard of conduct, ethical principles, and integrity in decision making, actions, and behaviors.

(2)

implement policies and procedures that encourage all campus personnel to comply with Chapter 247 of this title (relating to Code of Ethics and Standards Practices for Texas Educators).

(3)

model and promote the continuous and appropriate development of all learners in the campus community.

(4)

promote awareness of learning differences, multicultural awareness, gender sensitivity, and ethnic appreciation in the campus community.

(5)

articulate the importance of education in a free democratic society.

(c)

Learner-Centered Leadership and Campus Culture. A principal is an educational leader who promotes the success of all students and shapes campus culture by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community. At the campus level, a principal understands, values, and is able to:

(1)

create a campus culture that sets high expectations, promotes learning, and provides intellectual stimulation for self, students, and staff.

(2)

ensure that parents and other members of the community are an integral part of the campus culture.

(3)

utilize strategies to ensure the development of collegial relationships and effective collaboration of campus staff.

(4)

respond appropriately to the diverse needs of individuals within the community in shaping the campus culture.

(5)

utilize emerging issues, trends, demographic data, knowledge of systems, campus climate inventories, student learning data, and other information to develop a campus vision and plan to implement the vision.

(6)

facilitate the collaborative development of a shared campus vision that focuses on teaching and learning.

(7)

facilitate the collaborative development of a plan in which objectives and strategies to implement the campus vision are clearly articulated.

(8)

align financial, human, and material resources to support the implementation of the campus vision.

(9)

establish processes to assess and modify the plan of implementation to ensure achievement of the campus vision.

(10)

support innovative thinking and risk-taking efforts of everyone within the school community and view unsuccessful experiences as learning opportunities.

(11)

acknowledge, recognize, and celebrate the contributions of students, staff, parents, and community members toward the realization of the campus vision.

(d)

Learner-Centered Human Resources Leadership and Management. A principal is an educational leader who promotes the success of all students by implementing a staff evaluation and development system to improve the performance of all staff members, selects and implements appropriate models for supervision and staff development, and applies the legal requirements for personnel management. At the campus level, a principal understands, values, and is able to:

(1)

collaboratively develop, implement, and revise a comprehensive and on-going plan for professional development of campus staff which addresses staff needs and aligns professional development with identified goals.

(2)

facilitate the application of adult learning and motivation theory to all campus professional development, including the use of appropriate content, processes, and contexts.

(3)

ensure the effective implementation of the professional development plan by allocation of appropriate time, funding, and other needed resources.

(4)

implement effective, legal, and appropriate strategies for the recruitment, selection, assignment, and induction of campus staff.

(5)

utilize formative and summative evaluation processes to further develop the knowledge and skills of campus staff.

(6)

diagnose and improve campus organizational health and morale through the implementation of strategies designed to provide on-going support to campus staff members.

(7)

engage in on-going, meaningful, professional growth activities to further develop necessary knowledge and skills, and to model lifelong learning.

(e)

Learner-Centered Communications and Community Relations. A principal is an educational leader who promotes the success of all students by collaborating with families and community members, responding to diverse community interests and needs, and mobilizing community resources. At the campus level, a principal understands, values, and is able to:

(1)

demonstrate effective communication through oral, written, auditory, and nonverbal expression.

(2)

utilize effective conflict management and group consensus building skills.

(3)

implement effective strategies to systematically gather input from all campus stakeholders.

(4)

develop and implement strategies for effective internal and external communications.

(5)

develop and implement a comprehensive program of community relations which utilizes strategies that will effectively involve and inform multiple constituencies, including the media.

(6)

provide varied and meaningful opportunities for parents to be engaged in the education of their children.

(7)

establish partnerships with parents, businesses, and other groups in the community to strengthen programs and support campus goals.

(8)

respond to pertinent political, social, and economic issues that exist in the internal and external environment

(f)

Learner-Centered Organizational Leadership and Management. A principal is an educational leader who promotes the success of all students through leadership and management of the organization, operations, and resources for a safe, efficient, and effective learning environment. At the campus level, a principal understands, values, and is able to:

(1)

implement appropriate management techniques and group processes to define roles, assign functions, delegate authority, and determine accountability for campus goal attainment.

(2)

gather and organize information from a variety of sources for use in creative and effective campus decision making.

(3)

frame, analyze, and creatively resolve campus problems using effective problem solving techniques to make timely, high quality decisions.

(4)

develop, implement, and evaluate change processes for organizational effectiveness.

(5)

implement strategies that enable the physical plant, equipment, and support systems to operate safely, efficiently, and effectively to maintain a conducive learning environment.

(6)

apply local, state, and federal laws and policies to support sound decisions while considering implications related to all school operations and programs.

(7)

acquire, allocate, and manage human, material, and financial resources according to district policies and campus priorities.

(8)

collaboratively plan and effectively manage the campus budget.

(9)

utilize technology to enhance school management.

(10)

utilize effective planning, time management, and organization of work to maximize attainment of district and campus goals.

(g)

Learner-Centered Curriculum Planning and Development. A principal is an educational leader who promotes the success of all students by facilitating the design and implementation of curricula and strategic plans that enhance teaching and learning; alignment of curriculum, curriculum resources, and assessment; and the use of various forms of assessment to measure student performance. At the campus level, a principal understands, values, and is able to:

(1)

use emerging issues, occupational and economic trends, demographic data, student learning data, motivation theory, learning theory, legal requirements, and other information as a basis for campus curriculum planning.

(2)

facilitate the use of sound research-based practice in the development and implementation of campus curricular, co-curricular, and extracurricular programs.

(3)

facilitate campus participation in collaborative district planning, implementation, monitoring, and revision of curriculum to ensure appropriate scope, sequence, content, and alignment.

(4)

facilitate the use and integration of technology, telecommunications, and information systems to enrich the campus curriculum.

(5)

facilitate the effective coordination of campus curricular, co-curricular, and extracurricular programs in relation to other district programs.

(h)

Learner-Centered Instructional Leadership and Management. A principal is an educational leader who promotes the success of all students by advocating, nurturing, and sustaining a campus culture and instructional program conducive to student learning and staff professional growth. At the campus level, a principal understands, values, and is able to:

(1)

facilitate the development of a campus learning organization that supports instructional improvement and change through an on-going study of relevant research and best practice.

(2)

facilitate the implementation of sound, research-based instructional strategies, decisions, and programs in which multiple opportunities to learn and be successful are available to all students.

(3)

implement special campus programs to ensure that all students are provided quality, flexible instructional programs and services to meet individual student needs.

(4)

utilize interpretation of formative and summative data from a comprehensive student assessment program to develop, support, and improve campus instructional strategies and goals.

(5)

facilitate the use and integration of technology, telecommunications, and information systems to enhance learning.

(6)

facilitate the implementation of sound, research-based theories and techniques of classroom management, student discipline, and school safety to ensure an environment conducive to teaching and learning.

(7)

facilitate the development, implementation, evaluation, and refinement of student activity programs to fulfill academic, developmental, social, and cultural needs.

(8)

acquire and allocate sufficient instructional resources on the campus in the most equitable manner to support and enhance student learning.

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 April 9, 2001.

TRD-200102015

Pamela B. Tackett

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: May 20, 2001

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