TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

Subchapter G. CERTIFICATION REQUIREMENTS FOR CLASSROOM TEACHERS

19 TAC §§230.191 - 230.193, 230.199

On January 4, 2002, the State Board for Educator Certification (SBEC) proposed amendments to §§230.191-230.193, and 230.199, relating to certification requirements for classroom teachers.

The following changes are proposed to these sections of Title 19, Texas Administrative Code:

Section 230.191(c)(1): Paragraph (1) of this Section 230.191(c) currently allows alternative certification programs (ACPs) to recommend candidates for certain educator certificates that traditional educator preparation programs cannot offer. On September 1, 2002, however, SBEC will begin issuing new certificates, none of which will be available only to ACP candidates. New 19 TAC Chapter 233 (proposed elsewhere in this same issue) will contain provisions for the new certificates. The proposed amendments to this Section 230.191(c)(1) initiate the transition away from ACP-only certificates to the new certificates that any approved program may prepare educator candidates for. The first ACP-only certificates that will be discontinued as of September 1, 2003, are those for classroom teachers of regular and elementary education (Prekindergarten through Grade 6). The proposed amendment allows a year-long transition period in which ACPs may recommend candidates for the old elementary certificates or the new ones, depending on which certificate exam the program prepared the candidate to pass.

Section 230.191(c)(2)(A)(v): Subparagraph (A) of this Section 230.191(c)(2) sets out the general, optional preparation requirements for elementary classroom teaching certificates (Grades 1-6, 1-8, and Prekindergarten-Grade 6) that will no longer be issued as of September 1, 2003. (As indicated, however, in the explanation below for the proposed amendment to Section 230.192, the certificate option that includes the generic special education delivery system will continue to be offered beyond September 1, 2003, until SBEC develops new certification exams for this area.)

These certificates are being superseded by new ones whose provisions will be located in proposed new 19 TAC Chapter 233, related to new standard classroom teaching certificates (proposed elsewhere in this same issue). Proposed new Clause (v) to this Section 230.191(c)(2)(A) would implement the discontinuance of the old elementary certificates.

Section 230.192(c): This section 230.192 presently contains the specific preparation requirements for the options for elementary classroom teaching certificates listed in Section 230.191(c)(2)(A) above. Subsection (b) of Section 230.192 includes a table specifying course and semester-hour requirements or exceptions by subject or student population to be taught. With the exception of the delivery system for generic special education, proposed new Subsection (c) of Section 230.192 provides for the discontinuance by September 1, 2003, of the elementary education certificates listed in the table included as part of Subsection (b) of Section 230.192. New 19 TAC Chapter 233, related to new standard classroom teaching certificates (proposed elsewhere in this same issue), contains the replacements for the certificates to be discontinued.

Section 230.193(c): This section 230.193 now details the preparation options for secondary classroom teaching certificates. Subsection (b) of Section 230.193 includes a table specifying course and semester-hour requirements or exceptions by subject or student population to be taught. With the exception of the teaching fields and delivery systems in Art, Business, Dance, Generic Special Education, Health Education, Industrial Technology (formerly Industrial Arts), Journalism, Music, Other Languages, Physical Education, Speech Communications, and Theatre Arts, proposed new Subsection (c) to Section 230.193 provides for the discontinuance by September 1, 2003, of the secondary education certificates listed in the table included as part of Subsection (b) of Section 230.193. New 19 TAC Chapter 233, related to new standard classroom teaching certificates (proposed elsewhere in this same issue), contains the replacements for the certificates to be discontinued.

Section 230.199(c)(1)(C), (c)(2)(C), (d)(2)(C), and (d)(3)(D): Currently, Section 230.199 prescribes the program requirements for endorsements in various delivery systems. With the proposal of new 19 TAC Chapter 233, related to new standard classroom teaching certificates (proposed elsewhere in this same issue), SBEC would no longer add certain endorsements to existing teacher certificates. Instead, standard certificates would be issued to qualified teachers to provide instruction in the delivery system areas formerly covered by discontinued endorsements. To this end, SBEC proposes four new subparagraphs in Section 230.199 to provide for the discontinuance of the following endorsements as of September 1, 2003:

new Subparagraph (C) in Paragraph (1) of Subsection (c) would discontinue the bilingual education endorsement;

new Subparagraph (C) in Paragraph (2) of Subsection (c) would discontinue the early childhood education (Prekindergarten-Kindergarten) endorsement;

new Subparagraph (C) in Paragraph (2) of Subsection (d) would discontinue the learning resources endorsement; and

new Subparagraph (D) in Paragraph (3) of Subsection (d) would discontinue the information processing technologies endorsement.

No fiscal impact is anticipated from these amendments.

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

The public would benefit from the proposed amendments because they would discontinue obsolete teaching credentials and allow them to be replaced with certificates that require candidates to show competence in teaching the essential knowledge and skills required of public school students. Most persons affected by the amendments should incur no additional costs as a result of the implementation of the proposed rules. After September 1, 2003, candidates who wish to obtain elementary education certification to cover Grades 1-8 will have to get two certificates instead of one, thereby incurring additional examination and certification charges

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, TX 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 the proposed amendments to Certification Requirements for Classroom Teachers, 19 TAC Chapter 230, Subchapter G."

The amendments are proposed under the following sections of the Education Code: §21.041(b)(2), which requires the State Board for Educator Certification (SBEC) to propose rules that specify the classes of educator certificates to be issued; §21.041(b)(4), which requires SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.044, which requires SBEC to propose rules that establish the training requirements a person must accomplish to obtain a certificate; §21.048(a), which requires SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the Board; and §21.050, which establishes the nature of an academic degree required for certification.

No other statute, article, or code is affected by these amendments. Text of Proposed Rules

§230.191.Preparation Required in All Programs.

(a) In addition to the specific requirements of this subchapter, individuals are subject to the provisions of Chapters 227 and 228 of this title (relating to Admission to an Educator Preparation Program and Requirements of Educator Preparation Programs).

(b) The semester credit hours, or their equivalents, specified in this title are not to be interpreted as absolute requirements but are intended to provide guidance to an approved teacher preparation program in the design and delivery of individual program requirements. Preparation programs leading to the award of the baccalaureate degree must comply with Texas Education Code §21.050 and all applicable rules adopted by the Texas Higher Education Coordinating Board regarding the required academic major and limitations on education coursework.

(c) The teacher education program shall include academic specializations and teaching fields in subjects approved to be taught in the public schools of Texas or delivery systems authorized by the State Board of Education (SBOE) under the Texas Education Code (TEC) §28.002(b), for use in the public schools of Texas.

(1) In addition to the teaching certificates specified in this subchapter and Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates), educator preparation entities operating as alternative certification programs under Texas Education Code (TEC) §21.049, relating to alternative certification, [ programs approved as alternative certification programs under Subchapter H of this chapter (relating to Alternative Certification of Teachers) as that subchapter existed on September 1, 1999, ] may recommend candidates for certification in the following areas: Grades prekindergarten-6 elementary education, Grades prekindergarten-6 elementary bilingual, Grades prekindergarten-12 English as a second language (ESL), and Grades prekindergarten-12 generic special education. The provisions of this paragraph related to the Grades prekindergarten-6 elementary education and the Grades prekindergarten-6 elementary bilingual certificates expire September 1, 2003.

(2) For the teacher certificates, each academic specialization, teaching field, and delivery system shall comply with one or more of the options in this paragraph. In accordance with the Texas Education Code (TEC) §21.050(b), additional semester hours in education are permissible for certification in bilingual education, English as a second language, early childhood education, and special education. For the teacher certificate-elementary, six semester hours of upper-division courses in reading shall be included in each option unless reading is selected as an academic specialization. For all other certificates based on college-approved teacher education programs, reading shall be included in the approved program. Reading instruction shall be developmental and corrective and include study relating to the phonetic structure of the English language; knowledge of reading instruction such as language-based, phonics-based, and meaning-based instruction; demonstration and application of reading theories; and identification of and teaching strategies and resources for dyslexia and other reading disorders. Reading courses that fulfill these requirements may be offered beyond the 18 semester hours of professional development courses.

(A) The options for teacher certificate-elementary include the following.

(i) Option I (Grades 1-6) requires:

(I) two 12-semester-hour (including six semester hours of upper-division courses in each area) academic specializations; and

(II) 12 semester hours in a combination of subjects taught in elementary grades. Six semester hours of upper-division courses in reading must be included unless reading is selected as an academic specialization.

(ii) Option II (Grades 1-8) requires:

(I) one 18-semester-hour (including nine semester hours of upper-division courses) academic specialization; and

(II) 18 semester hours in a combination of subjects taught in elementary grades. Six semester hours of upper-division courses in reading must be included unless reading is selected as the academic specialization.

(iii) Option III (Grades 1-8, except for the delivery system in generic special education that is valid for assignment to school settings with students identified as having special needs in prekindergarten - Grade 12) requires:

(I) one 24-semester-hour (including 12 semester hours of upper-division courses) delivery system or academic specialization in life-earth science, physical science, or social studies; and

(II) six semester hours in a combination of subjects taught in elementary grades and six semester hours of upper-division courses in reading.

(iv) Option IV (prekindergarten-Grade 6) requires:

(I) one 24-semester-hour (including 12 semester hours of upper-division courses) delivery system emphasizing instructional areas designed for early childhood education; and

(II) six semester hours in a combination of subjects taught in elementary grades and six semester hours of upper-division courses in reading.

(v) The provisions of this subparagraph expire on September 1, 2003.

(B) The options for teacher certificate-secondary include the following.

(i) Option I (Grades 6-12) requires one 36-semester-hour (including 21 semester hours of upper-division courses) teaching field, with an additional 12 semester hours in a directly supporting field(s).

(ii) Option II (Grades 6-12) requires two 24-semester-hour (including 12 semester hours of upper-division courses in each) teaching fields, delivery systems, or a combination of a teaching field and a delivery system.

(iii) Option III (Grades 6-12) requires one 48-semester-hour (including 24 semester hours of upper-division courses) broad teaching field.

(iv) Option IV (Grades 6-12) requires one 48-semester-hour (including 24 semester hours of upper-division courses, 12 of which are in a single area) composite teaching field. A minimum of six semester hours shall be required in each area.

(C) The options for teacher certificate-all-level include the following.

(i) Option I (prekindergarten-Grade 12) requires one 48-semester-hour (including 24 semester hours of upper-division courses) academic specialization, which includes six semester hours designed for elementary level and six semester hours designed for secondary level.

(ii) Option II (prekindergarten-Grade 12) requires one 36-semester-hour (including 18 semester hours of upper-division courses) academic specialization, which includes six semester hours designed for elementary level and six semester hours designed for secondary level. Option II is only available for the physical education academic specialization.

(d) The professional development sequence for the initial teacher certificate shall consist of 18 semester hours of upper-division courses. The following three components must be included.

(1) Core requirements common to all grade level options include studies of:

(A) teaching-learning processes, including measurement and evaluation of student achievement;

(B) human growth and development;

(C) knowledge and skills concerning the unique needs of special learners, such as:

(i) multicultural education: the impact of cultural, ethnic, language, and social differences upon instructional processes;

(ii) the characteristics, assessment, least restrictive alternatives, and admission, review, and dismissal processes for students requiring individualized or specialized education programs; and

(iii) the characteristics, identification, and needs of gifted and talented students;

(D) legal and ethical aspects of teaching to include the recognition of and response to signs of abuse and neglect in children;

(E) structure, organization, and management of the American school system, with emphasis upon the state and local structure in Texas; and

(F) educational computing, media, and other technologies.

(2) Methodology requirements specifically designed for the grade level option selected shall include studies of the following:

(A) instructional methods and strategies that emphasize practical applications of the teaching-learning processes;

(B) curriculum organization, planning, and evaluation;

(C) basic principles and procedures of classroom management with emphasis on classroom discipline, using group and individual processes as well as different techniques and procedures adapted to the personality of the teacher; and

(D) the scope and sequence of the essential knowledge and skills for all subjects required in the elementary course of study that are not included in the academic specializations when elementary options are selected.

(e) The professional development sequence for the teacher certificate-all-level shall include a minimum of three semester hours designed for the elementary level and three semester hours designed for the secondary level.

§230.192.Teacher Certificate-Elementary.

(a) The teacher certificate-elementary shall be based upon completion of a teacher education program as described in §230.191 of this title (relating to Preparation Required in All Programs).

(b) Approved academic specializations and delivery systems are listed in the table in this subsection.

Figure: 19 TAC §230.192(b) (No change.)

(c) The provisions of this section expire on September 1, 2003, with the exception of the delivery system of generic special education.

§230.193.Teacher Certificate-Secondary.

(a) The teacher certificate-secondary shall be based on completion of a teacher education program as described in §230.191 of this title (relating to Preparation Required in All Programs).

(b) Approved teaching fields and delivery systems are listed in the table in this subsection.

Figure: 19 TAC §230.193(b) (No change.)

(c) The provisions of this section expire on September 1, 2003, with the exception of the teaching fields and delivery systems in Art, Business, Dance, Generic Special Education, Health Education, Industrial Technology (formerly Industrial Arts), Journalism, Music, Other Languages, Physical Education, Speech Communications, and Theatre Arts.

§230.199.Endorsements.

(a) Classification of endorsements. Endorsements to Texas teacher certificates shall be classified into delivery system areas and special service areas.

(b) Requirements for endorsements. Requirements for endorsements shall include the following unless otherwise specified:

(1) bachelor's degree from an accredited institution;

(2) valid, designated Texas teacher certificate; and

(3) completion of approved program requirements for the endorsement sought.

(c) Program requirements for endorsement in delivery system areas.

(1) Bilingual education.

(A) Certificate requirements. The bilingual education endorsement may be added to valid teacher certificates, special education certificates, or vocational certificates that require a college degree.

(B) Professional development. The professional development sequence for the bilingual education endorsement shall consist of:

(i) 12 semester hours at the graduate or undergraduate level earned after the bachelor's degree in the following areas:

(I) language acquisition and development in childhood (psycholinguistics);

(II) teaching language arts and reading in the language of the target population;

(III) teaching English as a second language, including reading and oral communication; and

(IV) teaching mathematics, science, and social studies in the language of the target population; and

(ii) one creditable year of successful classroom teaching experience on a permit in an approved bilingual education program.

(C) The provisions of this paragraph expire on September 1, 2003.

(2) Early childhood education (prekindergarten - kindergarten).

(A) Certificate requirements. The early childhood education endorsement may be added to valid elementary teacher certificates, special education certificates, or vocational home economics certificates that require a college degree.

(B) Professional development. The professional development sequence for the early childhood education endorsement shall consist of an integrated sequence of 12 semester hours, including studies of:

(i) child development including both normal and exceptional development;

(ii) communication skills emphasizing oral language development and literacy;

(iii) cultural diversity of learners and families;

(iv) organization of the classroom and management of the learning environment;

(v) management of student behavior;

(vi) organization of the curriculum and implementation of the essential knowledge and skills, adopted by the State Board of Education under the Texas Education Code (TEC), §28.002(c)-(d), at the appropriate level for the target population;

(vii) diagnosis and evaluation of learning needs, affective, cognitive, and motor; and

(viii) parental involvement.

(C) The provisions of this paragraph expire on September 1, 2003.

(3) Early childhood--handicapped.

(A) Certificate requirements. The early childhood-handicapped endorsement may be added to a valid Texas elementary certificate, teacher of young children certificate, special education certificate, all-level certificate, vocational home economics certificate that requires a bachelor's degree, or early childhood education or kindergarten endorsement.

(B) Professional development. The professional development sequence for the early childhood-handicapped endorsement shall consist of:

(i) nine semester hours including, but not limited to, studies of:

(I) infant/child development including both normal and exceptional development;

(II) communication skills emphasizing oral language development and literacy;

(III) cultural diversity of learners and families;

(IV) organization of the classroom and management of the learning environment;

(V) behavior management;

(VI) organization of the curriculum and implementation of the essential knowledge and skills at the appropriate level;

(VII) diagnosis and evaluation of learning needs, affective, cognitive, and motor; and

(VIII) parental involvement;

(ii) nine semester hours directly related to teaching students (ages 0-eight) with handicaps including, but not limited to:

(I) general orientation to special education;

(II) medical aspects of serving young children with handicaps;

(III) methods and technology;

(IV) transition from infant to early childhood programs; and

(V) interagency coordination

(C) ExCET requirement; Early Childhood (14).

(4) Generic special education.

(A) Certificate requirements. The generic special education endorsement may be added to any valid Texas elementary, secondary, all-level, special education, or vocational education certificate based on a bachelor's degree.

(B) Professional development. The professional development sequence for the generic special education endorsement shall consist of 18 semester hours directly related to teaching students with handicaps, including, but not limited to:

(i) infant/child and adolescent development;

(ii) task analysis;

(iii) motor development/adaptive physical education;

(iv) parent training;

(v) oral language development;

(vi) adaptation; modification of instructional methods and materials;

(vii) behavior management;

(viii) classroom management;

(ix) survey of special education;

(x) assessment, diagnosis, and remediation;

(xi) vocational, transition, and related secondary issues, such as interagency coordination;

(xii) concepts of integration and least restrictive environment;

(xiii) consultation techniques; and

(xiv) classroom observation

(C) ExCET requirement; Generic Special Education (37).

(5) Seriously emotionally disturbed and autistic.

(A) Certificate requirements. The seriously emotionally disturbed and autistic endorsement may be added to any valid Texas elementary, secondary, all-level, special education, or vocational education certificate based on a bachelor's degree.

(B) Professional development. The professional development sequence for the severely emotionally disturbed and autistic endorsement shall consist of:

(i) nine semester hours, including, but not limited to, studies of the following (Note: Personnel having a generic special education endorsement or delivery system are exempt from the nine semester hours described in this clause):

(I) infant/child and adolescent development;

(II) diagnosis and classroom assessment;

(III) behavior management;

(IV) parent training;

(V) consultation procedures;

(VI) communication/language development;

(VII) classroom management;

(VIII) survey of special education;

(IX) task analysis;

(X) motor development and adaptive physical education;

(XI) vocational, transition, and related secondary issues; and

(XII) crisis intervention and management of violent behavior;

(ii) nine semester hours directly related to teaching the seriously emotionally disturbed and autistic, including, but not limited to:

(I) medical aspects;

(II) interdisciplinary coordination;

(III) curriculum development;

(IV) systematic instruction; and

(V) classroom observation

(C) ExCET requirement: Severely Emotionally Disturbed and Autistic (38).

(6) Severely and profoundly handicapped.

(A) Certificate requirements. The severely and profoundly handicapped endorsement may be added to any valid Texas elementary, secondary, all-level, special education, or vocational education certificate based on a bachelor's degree.

(B) Professional development. The professional development sequence for the severely and profoundly handicapped endorsement shall consist of:

(i) nine semester hours, including, but not limited to studies of the following (Note: Personnel having a generic special education endorsement or delivery system are exempt from the nine semester hours described in this clause):

(I) infant/child and adolescent development;

(II) task analysis;

(III) parent training;

(IV) motor development/adaptive physical education;

(V) oral language development;

(VI) behavior management;

(VII) classroom management;

(VIII) assessment/diagnosis;

(IX) secondary issues such as vocation preparation and transition, such as collaboration with other agencies;

(X) crisis intervention and management of violent behavior;

(XI) consultation techniques;

(XII) concepts of integration and least restrictive environment; and

(XIII) use of adaptive/assistance devices;

(ii) nine semester hours directly related to teaching the severely and profoundly handicapped, including, but not limited to:

(I) medical aspects;

(II) interdisciplinary coordination;

(III) curriculum development;

(IV) systematic instruction; and

(V) classroom observation

(C) ExCET requirement: Severely and Profoundly Handicapped (37).

(7) Visually handicapped.

(A) Certificate requirement. The visually handicapped endorsement may be added only to special education certificates or to elementary or secondary teacher certificates.

(B) Professional development. The professional development sequence for the visually handicapped endorsement shall consist of: 21 semester hours directly related to teaching the visually handicapped that must include, but need not be limited to:

(i) physiological, psychological, and social factors of blindness;

(ii) literary braille (grade II);

(iii) special braille notations (including nemeth code, braille music, scientific notation, formal and foreign language);

(iv) media, materials, and adaptations;

(v) methods of instruction (including low vision, orientation and mobility, vocational and career exploration, and mulitihandicapped);

(vi) assessment and programming;

(vii) intervention and parent training; and

(viii) survey of exceptional children

(C) ExCET requirement: Visually Handicapped.

(8) Gifted and talented.

(A) Certificate requirement. The all-level gifted and talented endorsement may be added to a valid initial teacher certificate that requires a college degree.

(B) Professional development. The professional development sequence for the gifted and talented endorsement shall consist of 12 semester hours to include, but not limited to, the following areas:

(i) nature and needs of the gifted and talented;

(ii) identification and assessment of gifted and talented students;

(iii) methods, materials, and curriculum for gifted and talented students;

(iv) counseling and guidance of gifted and talented students; and

(v) creativity: theories, models, and applications; and

(d) Program requirements for endorsements in special service areas.

(1) English as a second language (ESL).

(A) Certificate requirement. The ESL endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree.

(B) Professional development. The professional development sequence for the ESL endorsement shall consist of 12 semester hours, including:

(i) language acquisition and development (psycholinguistics);

(ii) methods of teaching ESL; and

(iii) descriptive/contrastive linguistics .

(2) Learning resources.

(A) Certificate requirement. The learning resources endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree.

(B) Professional development. The professional development sequence for the learning resources endorsement shall consist of 18 semester hours (including 12 semester hours of upper-division courses) that include the following areas:

(i) selection, evaluation, and acquisition of materials in all formats, including multicultural, multiethnic, and multimedia materials;

(ii) processing and organization of a unified collection of materials;

(iii) instructional design and development;

(iv) learning resources center organization and administration;

(v) local production of instructional materials;

(vi) instructional materials for children and young adults and utilization practices including computer hardware and software; and

(vii) reference and bibliography.

(C) The provisions of this paragraph expire on September 1, 2003.

(3) Information processing technologies.

(A) Certification requirement. The information processing technologies endorsement may be added to valid teacher certificates, special education certificates, or vocational education certificates that require a college degree.

(B) Professional development, level one. The professional development sequence for the information processing technologies, level one endorsement shall:

(i) consist of at least nine semester hours (six semester hours upper-division courses) directly related to information processing; and

(ii) include, but not be limited to, the following content:

(I) background information concerning information processing technology and its use in education (including at least terminology, applications, ethics, impact on society and education, hardware configurations, future trends, historical development, and basic system architecture);

(II) operational skills and familiarity with current information processing tools (including at least tools used for word processing; information storage, retrieval and display; numerical computation, analysis, planning and reporting; transmission of information; graphics production and display; design and manufacturing; and emerging information processing tasks);

(III) methodology for instruction in concepts and skills of information processing (including at least strategies for delivery of concepts and skills, mastery evaluation techniques, methods of modifying curriculum for special students, automated management strategies, teaching methods for keyboarding instruction, techniques for evaluation of software and courseware, and facility management and maintenance); and

(IV) modern programming with experience in at least one language (including at least experience in solving problems using computer programming; application of a program development cycle; program structure, modular design and style; and in-depth coverage of syntax, format, and common use of one primary high-level programming language).

(C) Professional development, level two. The professional development sequence for the information processing technologies, level two endorsement shall:

(i) consist of at least 15 semester hours (six semester hours upper-division courses) directly related to information processing; and

(ii) include, but not be limited to, the following content:

(I) background information concerning information processing technology and its use in education (including at least terminology, applications, ethics, impact on society and education, hardware configurations, future trends, historical development, and basic system architecture);

(II) operational skills and familiarity with current information processing tools (including at least tools used for word processing; information storage, retrieval and display, numerical computation, analysis, planning and reporting; transmission of information; graphics production and display; design and manufacturing; and emerging information processing tasks);

(III) methodology for instruction in concepts and skills of information processing (including at least strategies for delivery of concepts and skills, mastery evaluation techniques, methods of modifying curriculum for special students, automated management strategies, teaching methods for keyboarding instruction, techniques for evaluation of software and courseware, and facility management and maintenance);

(IV) modern programming with experience in at least two languages (including at least experience solving problems using computer programming; application of a program development cycle; program structure, modular design and style; in-depth coverage of syntax, format and common uses of one primary high-level programming language; and contrast of a second programming language with the first); and

(V) technology-based delivery and management of instruction (including at least techniques and concepts of technology-based instruction, systems for automated management of instruction, comprehensive systems, involving both delivery and management, educational applications of artificial intelligence, authoring systems, multitechnology instructional systems, and survey of other promising technology-based systems).

(D) The provisions of this paragraph expire on September 1, 2003.

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

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 25, 2002.

TRD-200201879

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: May 5, 2002

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


Subchapter M. CERTIFICATION OF EDUCATORS IN GENERAL

19 TAC §230.413

On January 4, 2002, the State Board for Educator Certification (SBEC) proposed an amendment to §230.413, relating to certification of educators in general.

The following changes are proposed to 19 TAC §230.413:

Section 230.413(b)(7)(A) and (D): Subparagraph (A) of this Section 230.413(b)(7) is proposed for amendment to conform with new 19 TAC Chapter 233 (proposed elsewhere in this same issue), which will contain provisions for new standard classroom teaching certificates to be issued for the first time beginning September 1, 2002. Subparagraph (A) of this Section 230.413(b)(7) is proposed for amendment to conform with current nomenclature for certificates issued by SBEC.

Section 230.413(c)(2) and (3): Subsection (c) of this Section 230.413 is proposed for amendment to reflect the projected replacement of the current certification testing program known as "ExCET" (Examination for the Certification of Educators in Texas) by another program, tests of which will be generically referred to as "certification examinations" and will be described in Section 230.5 of this title. Paragraph (2) of this subsection is proposed for amendment to conform with current nomenclature for certificates issued by SBEC. New Paragraph (3) of this same subsection is proposed to implement the superseding of this subsection on September 1, 2003, by the provisions of new 19 TAC Chapter 233, related to new standard classroom teaching certificates (proposed elsewhere in this same issue).

Section 230.413(d)(1)-(3): Amendments are proposed for Subsection (d) as well as Paragraphs (1) and (2) of Subsection (d) of this Section 230.413 to reflect the projected replacement of the ExCET certification testing program by another program, whose tests will generically be referred to as "certification examinations." New Paragraph (3) of this same subsection is proposed to implement the superseding of this subsection on September 1, 2003, by the provisions of new 19 TAC Chapter 233, related to new standard classroom teaching certificates (proposed elsewhere in this same issue).

No fiscal impact is anticipated from these amendments.

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

The public would benefit from the proposed amendments because they would conform the Board's rules to projected changes in the certification and assessment programs of the agency. Persons affected by these amendments should incur no additional costs as a result of the implementation of the proposed rules.

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, TX 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 the proposed amendments to Certification of Educators in General, 19 TAC Chapter 230, Subchapter M."

The amendment is proposed under the following sections of the Education Code: §21.041(b)(2), which requires the State Board for Educator Certification (SBEC) to propose rules that specify the classes of educator certificates to be issued; §21.041(b)(4), which requires SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.044, which requires SBEC to propose rules that establish the training requirements a person must accomplish to obtain a certificate; §21.048(a), which requires SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the Board; and §21.050, which establishes the nature of an academic degree required for certification.

No other statute, article, or code is affected by this amendment.

§230.413.General Requirements.

(a) The only credits and degrees acceptable for certification of all educators are those earned from and conferred by institutions of higher education that at the time were accredited or otherwise approved by a state department of education, a recognized governmental organization, or a recognized regional accrediting organization. All credit hour requirements for certification are semester hours or their equivalent.

(b) An applicant for a Texas educator certificate must:

(1) be at least 18 years of age;

(2) not be disqualified or the subject of a pending proceeding under Chapter 249 of this title, (relating to Disciplinary Proceedings, Sanctions, and Contested Cases, Including Enforcement of the Educator's Code of Ethics;

(3) not be disqualified by federal law;

(4) be willing to support and defend the constitutions of the United States and Texas;

(5) be able to speak and understand the English language sufficiently to use it easily and readily in conversation and teaching. English language proficiency may be evidenced by one of the following:

(A) completion of an undergraduate or graduate degree at an institution of higher education in the United States;

(B) if an undergraduate or graduate degree was earned at an institution of higher education outside of the United States, evidence must be provided under procedures approved by the executive director that the primary language of instruction was English;

(C) completion of a state-approved educator preparation program within the United States;

(D) verification of three creditable years of teaching experience as defined in Subchapter Y of this title (relating to Definitions), in an educational setting within the United States or, if the experience was earned in an educational setting outside of the United States, evidence under procedures approved by the executive director that the primary language of instruction was English; or

(E) verification of satisfactory scores on an English language proficiency exam(s) approved by the executive director of SBEC;

(6) successfully complete all appropriate examinations prescribed in §230.5 of this chapter (relating to Educator Assessment) for the educator certificate sought; and

(7) satisfy one or more of the following requirements:

(A) complete all academic requirements specified in Subchapters G, J, or S of this chapter (relating to Certification Requirements for Classroom Teachers, Certification Requirements for Educators Other Than Classroom Teachers and Educational Aides, and Educational Aide Certificate) or complete all requirements for the certificates specified in Chapter 233 of this title (relating to Categories of Classroom Teaching Certificates) and be recommended for certification through an approved educator preparation program;

(B) qualify under Subchapter O of this chapter (relating to Texas Educator Certificates Based on Certification and College Credentials from Other States or Territories of the United States;

(C) qualify under §230.437 of this title (relating to Issuance of Certificates Based on Examination);

(D) qualify for vocational education certificates based on skill and experience specified in Subchapter P of this chapter (relating to Requirements for Standard [ Provisional ] Certificates and Specialized Assignments or Programs); or

(E) qualify under Chapter 245 of this title (relating to Certification of Educators from Other Countries).

(c) To be certified to teach at the secondary level, a person completing an approved program specified in Subchapter G of this chapter must attempt all appropriate certification examinations prescribed in §230.5 of this title (relating to Educator Assessment) [ portions of the Examination for the Certification of Educators in Texas (ExCET) prescribed by the SBEC ] and pass the appropriate professional development examination and a minimum of one content specialization portion of the certification examinations [ ExCET ].

(1) Secondary certification may be authorized in each subject area for which an applicant passes the appropriate content specialization examination.

(2) Under this subsection, a person who holds a valid elementary certificate and has at least one creditable year, as defined in Subchapter Y of this Chapter (relating to Definitions), of classroom teaching experience may be recommended for certification at the secondary level with only one teaching field identified in §230.193 of this title (relating to [ Professional ] Teacher Certificate-Secondary).

(3) The provisions of this subsection expire on September 1, 2003.

(d) To be certified to teach at the elementary level, a person completing an approved program specified in Subchapter G of this chapter must attempt all appropriate certification examinations [ portions of the ExCET ] prescribed by the SBEC and pass the appropriate professional development examination and the elementary comprehensive portion of the certification examinations [ ExCET ].

(1) In addition to the examination requirements specified in this subsection, a person recommended for elementary certification under Option III-Bilingual Education, Option III-Generic Special Education, or Option IV-Early Childhood Education based on §230.191 of this title (relating to Preparation Required in All Programs) must complete the appropriate content specialization portion of the certification examinations [ ExCET ].

(2) A person who does not pass the appropriate content specialization portions of the certification examination [ ExCET ] but satisfies all other requirements specified in this subsection may be recommended for the appropriate standard [ provisional ] elementary self-contained certificate.

(3) The provisions of the subsection expire on September 1, 2003.

(e) A person who satisfies all requirements for initial teacher certification except successful completion of examination requirements prescribed by the SBEC and stipulated in §230.5 of this title (relating to Educator Assessment) may be assigned on a nonrenewable permit valid for no more than one year.

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 25, 2002.

TRD-200201880

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: May 5, 2002

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


Subchapter O. TEXAS EDUCATOR CERTIFICATES BASED ON CERTIFICATION AND COLLEGE CREDENTIALS FROM OTHER STATES OR TERRITORIES OF THE UNITED STATES

19 TAC §§230.461, 230.462, 230.464

On January 4, 2002, the State Board for Educator Certification (SBEC) proposed amendments to §230.461, §230.462, and new §230.464, relating to Texas educator certificates based on certification and college credentials from other states and territories of the United States.

The following changes are proposed to these sections of 19 TAC Chapter 230, Subchapter O:

Section 230.461(b): The proposed amendment to Subsection (b) of Section 230.461 would clarify that the academic degree obtained by an educator from another state who is seeking Texas certification must be comparable to the bachelor's degree or higher.

Section 230.461(e) and §230.464: The proposed amendment to Subsection (e) of Section 230.461 and proposed new Section 230.464 would delegate to SBEC's executive director the authority to review the qualifications of educators from other states and to issue certificates to such applicants that are found to be eligible for Texas certification.

Section 230.462(a), (c), and (h): The proposed amendments to Subsections (a), (c), and (h) of Section 230.462 would implement the 77th Legislature's amendment of Section 21.052, Education Code, to the exempt out-of-state educators from Texas certification exam requirements if they passed comparable certification exams in their jurisdiction of certification. Proposed amended Subsection (h) would ratify the limited extension of temporary credentials issued to certain educators from other states under emergency rules that the Board adopted in August 2001 and that expired in February 2002. This extension was granted to allow eligible out-of-state educators extra time to find out if they would be exempted from further testing under the results of SBEC's first phase of reviewing other states' certification exams.

Section 230.462(i): The proposed amendment to Subsection (i) of Section 230.462 would allow certain educators from outside Texas until August 31, 2003, to take the current ExCET tests as determined by an SBEC review of credentials and receive the corresponding certificates that are slated to be discontinued, even though the replacement certificates will become available September 1, 2002.

No fiscal impact is anticipated from these amendments and new section.

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

The public would benefit from the proposed amendments because they would lower unnecessary barriers to the Texas certification of qualified educators from other states and allow them to be employed in Texas public schools, thus helping to alleviate the current teacher shortage in the state. Most persons affected by the amendments should incur no additional costs as a result of the implementation of the proposed rules. Certain educators from other states may qualify for an exemption from the Texas certification exams, thereby saving them further assessment fees.

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, TX 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 the proposed amendments to Certification Requirements for Educators from Other States, 19 TAC Chapter 230, Subchapter O."

The amendments and new section are proposed under the following sections of the Education Code: §21.039(3), which authorizes SBEC's executive director to issue educator certificates approved by the Board; §21.041(b)(1), which requires the Board to propose rules providing for the regulation of educators and general administration of SBEC's statutes; §21.041(b)(5), which requires SBEC to propose rules that provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state; §21.048(a), which requires SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the Board; §21.050, which establishes the nature of an academic degree required for certification; and §21.052, which authorizes SBEC to issue certificates to educators from other states, subject to certain minimum requirements.

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

§230.461.General Provisions.

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

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

(c) The certificate or other credential issued by the authorized licensing agency in another state or territory of the United States may not be a temporary permit, a credential issued by a city or school district, or a certificate for which academic or other program deficiencies are indicated. Specific examination or renewal requirements shall not be considered academic deficiencies.

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

(e) The certificate and areas of certification issued by the authorized licensing agency in another state or territory of the United States must be equivalent to a certificate and certification areas approved by the State Board for Educator Certification. The executive director of SBEC [ board ] shall identify the certification areas for which the applicant qualifies in Texas. The certificate(s) for which the applicant qualifies may be issued under the authority of the executive director.

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

(a) An applicant for a standard Texas certificate based on a certificate issued in accordance with §230.461 of this title (relating to General Provisions) must pass the appropriate examination requirements prescribed under §21.048(a), Texas Education Code (relating to certification examinations) and [ specified in ] §230.5 of this title (relating to Educator Assessment) or achieve an acceptable level of performance on an examination(s) similar to and at least as rigorous as that prescribed under §21.048(a), Texas Education Code and §230.5 of this title that was administered to the applicant under the authority of another state or territory of the United States. The applicant shall verify in a manner determined by the executive director the level of performance on acceptable examinations administered under the authority of another state or territory of the United States.

(b) If all certification requirements are met except the appropriate examination requirements, the applicant may request issuance of a one-year certificate in one or more certification areas authorized on the out-of-state certificate.

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

(2) An applicant who holds a professional service certificate issued in accordance with §230.461 of this subchapter may be issued the equivalent Texas certificate in that professional service area. The applicant must verify three creditable years of public or private school experience, as defined in Subchapter Y of this chapter (relating to Definitions), in the professional service area.

(c) After satisfying all requirements, including all appropriate [ the ] examination requirements, the applicant is eligible to receive the appropriate Standard Certificate issued under Chapter 232, Subchapter M of this title (relating to the Types and Classes of Certificates Issued).

(d) An applicant issued a one-year certificate under this section who does not complete the appropriate examination requirements to establish eligibility for a Standard Certificate during the validity of the one-year certificate, is not eligible for any type of certificate or permit authorizing employment for the same certified level or areas until he or she has satisfied the appropriate examination requirements.

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

(f) An applicant shall not be required to complete the content specialization portion of the ExCET in a certification area for which he or she does not seek standard certification.

(g) An applicant issued a one-year certificate under this section who, during or subsequent to the validity of the certificate, establishes eligibility for a Standard Certificate may apply for:

(1) a new one-year certificate in another certification area based on an acceptable certificate from another state or territory of the United States; or

(2) a second one-year certificate in an area previously authorized on a one-year certificate, provided the applicant was not assigned to the area and has not attempted the appropriate examination requirements for that area.

(h) An initial one-year certificate whose validity was extended under the emergency adoption (published in the August 24, 2001, issue of the Texas Register (26 TexReg 6191)), emergency amendment/correction (October 12, 2001, issue of the Texas Register (26 TexReg 7962)), or emergency extension (November 30, 2001, issue of the Texas Register (26 TexReg 9679)) of amended §230.462 of this title is hereby ratified according to the terms of its extension. The determination by the executive director or a designee of the validity period of a one-year certificate so extended shall be final and unappealable. This subsection expires March 1, 2004.

(i) An individual issued an initial one-year certificate under this chapter during the 2001-2002 school year with an expiration after September 1, 2002, in a certification area slated for deletion on September 1, 2002, will be permitted to take the certification examinations required for the deleted certificate until August 31, 2003, and apply for the corresponding certificate. The provisions of this subsection do not extend the validity period of the one-year certificate issued under this chapter.

§230.464.Application Procedures.

Individuals who meet the requirements of this subchapter may apply for a review of credentials and issuance of the appropriate Texas certificate according to procedures approved by the executive director. A review of credentials and payment of related fees are required for all applicants.

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 25, 2002.

TRD-200201881

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: May 5, 2002

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


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

19 TAC §230.483

On January 4, 2002, the State Board for Educator Certification (SBEC) proposed an amendment to §230.483, relating to requirements for standard certificates and specialized assignments.

The following changes are proposed to 19 TAC Section 230.483:

Section 230.483(a): The proposed amendment to Subsection (a) of Section 230.483 would implement the recommendations made by the Board-appointed standards advisory committee for the health science technology certificate. Under the proposed amendments to Subsection (a), candidates for the health science technology certificate would be required to meet the following qualifications:

1. a bachelor's degree from an accredited institution;

2. current licensure, certification, or registration by a nationally recognized accrediting agency as a health professions practitioner based on a program requiring at least two years of formal education;

3. approval by the teacher preparation program of two years of wage earning experience; and

4. passing scores on new certification exams for pedagogy and health science technology and professional responsibilities for grades 8-12.

Moreover, candidates for the health science technology certificate will no longer be required to spend two years on an emergency permit. Teacher preparation programs will be allowed to develop internships for these candidates in the same manner as candidates for other teacher certificates. The new health science technology certificate would be issued for the first time beginning with the 2004-2005 school year.

Section 230.483(f): Proposed new Subsection (f) of Section 230.483 would implement the recommendations made by the Board-appointed standards advisory committee for the trade and industrial education certificate. Under proposed new Subsection (f), candidates for the trade and industrial education certificate would be required to meet the following qualifications:

1. a high school diploma, associate's degree, or bachelor's degree from an accredited institution;

2. current licensure, certification, or registration by a state or nationally recognized accrediting agency as a professional practitioner that is based on a recognized test or measurement;

3. approval by the teacher preparation program of three years of wage earning experience within the past eight years for holders of either the associate or bachelor degrees or five years of wage earning experience within the past eight years for holders of a high school diploma (holders of a bachelor's degree may substitute experience gained through a formal documented internship for up to 18 months of wage earning experience); and

4. passing scores on new certification exams for trade and industrial education and pedagogy and professional responsibilities for grades 8-12.

Moreover, candidates for the trade and industrial education certificate will no longer be required to spend two years on an emergency permit. Teacher preparation programs will be allowed to develop internships for these candidates in the same manner as candidates for other teacher certificates. The new trade and industrial education certificate would be issued for the first time beginning with the 2003-2004 school year.

The current subsection following new Subsection (f) would be renumbered accordingly.

SBEC would realize a positive fiscal impact from the adoption of the proposed rules in the form of increased certification exam fee revenue from candidates who have previously not been required to take and to pass such tests. For fiscal year 2004, the first year the new trades and industries education certification exam will be given, the agency estimates $17,280 in increased exam fee revenue from these tests. For fiscal year 2005, the first year the new health science technology certification exams will be given, the agency estimates $30,960 in increased exam fee revenue from these tests and those the trades and industries education certificate.

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

The public would benefit from implementation of the proposed amendments because they would ensure that certified public school teachers of health science technology and trade and industrial education have demonstrated appropriate knowledge and skills to improve student performance in these areas. Persons who would be affected by implementation of the amendments include certificate candidates, who would incur additional costs because they would have to take and to pass certification exams that are not currently required of them. Candidates for the health science technology certificate would have to pass certification exams that cover secondary pedagogy and professional responsibilities and the health science technology content area. Candidates for the trade and industrial education certificate would be required to pass a pedagogy and professional responsibilities exam specifically for their field.

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, TX 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 the proposed amendments to rules for Certification of Teachers of Health Science Technology and Trade & Industrial Education, 19 TAC Chapter 230, Subchapter P."

The amendment is proposed under the following sections of the Education Code: §21.039(3), which authorizes SBEC's executive director to issue educator certificates approved by the Board; §21.041(b)(1), which requires the Board to propose rules providing for the regulation of educators and general administration of SBEC's statutes; §21.041(b)(4), which requires SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.041 (b)(6), which requires the Board to propose rules that provide for special or restricted certification of educators; §21.044, which requires SBEC to propose rules that establish the training requirements a person must accomplish to obtain a certificate; §21.048(a), which requires SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the Board; and §21.050, which establishes the nature of an academic degree required for certification.

No other statute, code, or article is affected by the amendment.

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

(a) Standard health science technology certificate.

(1) The standard health science technology certificate shall be based on preparation and experience in the skill area and qualify the teacher to teach state approved health science technology education courses [ preemployment laboratory and cooperative training classes ].

(2) Certification shall be based on experience and academic preparation in the skill area and require the following:

(A) a bachelor's degree or an associate's degree from an accredited institution;

(B) licensure, certification, or registration by a nationally recognized accrediting agency as a professional practitioner in one or more health occupations for which instruction is offered. The preparation program for licensure or certification must require at least two years of formal education;

(C) completion of State Board for Educator Certification (SBEC) requirements in the United States and Texas Constitutions; and

(D) approval, by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate, of two years of wage earning experience in a licensed hospital or health agency, in addition to that required to be registered or certified.

(3) The standard health science technology certificate shall require a professional development sequence that includes the following:

(A) developing, organizing, and using instructional materials;

(B) methods of teaching vocational subjects;

(C) human relations for vocational industrial instructors;

(D) aims and objectives of vocational education;

(E) organizing and coordinating vocational industrial cooperative programs;

(F) problems in industrial cooperative education; and

(G) two creditable years, as defined in Subchapter Y of this chapter (relating to Definitions), of teaching experience on emergency permits in the area of health science.

(4) Certification shall be based on experience and academic preparation in the skill area and require the following:

(A) a bachelor's degree from an accredited institution;

(B) current licensure, certification, or registration by a nationally recognized accrediting agency as a health professions practitioner. The preparation program for licensure, certification, or registration must require at least two years of formal education;

(C) approval, by the certification officer of an approved teacher preparation program, of two years of wage earning experience utilizing the licensure requirement described in subparagraph (B) of this paragraph, in addition to that required to be registered or certified.

(5) The standard health science technology certificate curricula shall be based on the standards approved by the State Board for Educator Certification. Candidates for this certificate must pass the appropriate certification assessments.

(6) Paragraphs (4) and (5) of this subsection become effective September 1, 2002 and replace paragraphs (2) and (3) of this subsection effective September 1, 2003.

(b) Standard marketing education certificate.

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

(2) Certification based on preparation and experience in the skill area shall require:

(A) a bachelor's degree from an accredited institution with six semester hours of courses in retailing and marketing;

(B) completion of SBEC requirements in the United States and Texas Constitutions;

(C) two years of wage-earning experience approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate in one or more of the marketing occupations;

(D) 12 semester hours of professional development from an institution with an approved program in marketing education that includes the following:

(i) history and philosophy of vocational education;

(ii) methods of teaching marketing and distributive education;

(iii) organizing and managing marketing education programs;

(iv) techniques for coordinating marketing education programs; and

(E) two creditable years, as defined in Subchapter Y of this chapter, of teaching experience on emergency permits in the area of marketing education.

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

(c) Standard office education certificate.

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

(2) Academic specialization. The standard office education certificate shall require the following:

(A) a bachelor's degree in business/business education or the equivalent of a minor in the course area to be taught;

(B) completion of SBEC requirements in the United States and Texas Constitutions; and

(C) one of the following:

(i) two years of wage-earning experience in an office occupation approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate in office education; or

(ii) three to six semester hours of credit for an office occupation internship approved by a college or university approved to prepare teachers for the vocational certificate in office education.

(3) Professional development. The professional development requirements for the provisional office education certificate shall be completed in an approved institution and shall require the following:

(A) 6-12 semester hours of professional development that include:

(i) instructional strategies;

(ii) managing office education programs; and

(iii) six semester hours in the course area to be taught that are recommended by the college or university approved to prepare teachers for office education;

(B) completion of a workshop for new teachers sponsored by the Texas Education Agency (TEA); and

(C) one creditable year, as defined in Subchapter Y of this chapter, of teaching experience on an emergency permit for a teacher who does not have one or more years of teaching experience at the secondary level.

(d) Standard occupational orientation certificate.

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

(2) Academic specialization. The standard occupational orientation certificate shall require that an individual:

(A) hold a bachelor's degree from an accredited institution;

(B) complete SBEC requirements in United States and Texas Constitutions;

(C) to teach occupational investigation, have two years of wage-earning experience other than teaching, approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate in one or more occupations for which occupational education may be conducted; and

(D) to teach vocational education for the handicapped (VEH) occupational exploration, have two years of wage-earning experience other than teaching, approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate in the occupational field or cluster for which instruction is offered.

(3) Professional development. The professional development requirements shall be completed in an approved institution and must include:

(A) history and principles of vocational education;

(B) methods and media for teaching vocational subjects;

(C) occupational and vocational education information;

(D) planning and organizing programs of vocational guidance;

(E) organizing and managing the class and laboratory; and

(F) two creditable years, as defined in Subchapter Y of this chapter, of successful teaching experience on emergency permits in the area of vocational occupational orientation.

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

(1) Standard trades and industry - preemployment laboratory certificate.

(A) Academic specialization.

(i) Option I. Option I requires:

(I) a bachelor's degree from an accredited institution;

(II) completion of SBEC requirements in the United States and Texas Constitutions; and

(III) three years of full-time wage-earning experience in one or more approved occupations for which instruction is offered. The experience must be approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate.

(ii) Option II. Option II requires:

(I) a high school diploma or the equivalent;

(II) completion of SBEC requirements in the United States and Texas Constitutions; and

(III) five years of full-time wage-earning experience in one or more approved occupations for which instruction is offered, three of which must be in the predominate subject area. The experience must be approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate.

(iii) Cosmetology teachers. Cosmetology teachers approved under Options I or II must satisfy the following additional requirements:

(I) have three years of full-time wage-earning experience as a licensed cosmetologist; and

(II) hold a current cosmetology instructor's license issued by the Texas Cosmetology Commission.

(B) Professional development. The professional development requirements shall be completed in an approved institution and consist of:

(i) completion of a professional development sequence, that includes:

(I) developing, organizing, and using instructional materials;

(II) methods of teaching vocational subjects;

(III) human relations for vocational industrial instructors;

(IV) aims and objectives of vocational education;

(V) organizing and managing instructional environment; and

(VI) analysis and coursemaking; and

(ii) two creditable years, as defined in Subchapter Y of this chapter, of successful experience teaching preemployment laboratory programs on emergency permits in the area of the certificate sought.

(2) Standard trades and industry - cooperative training certificate.

(A) Academic specialization. The academic specialization requires:

(i) a bachelor's degree from an accredited institution;

(ii) completion of SBEC requirements in the United States and Texas Constitutions;

(iii) two creditable years, as defined in Subchapter Y of this chapter, of teaching experience in a secondary school; and

(iv) three years of full-time wage-earning experience in one or more approved occupations for which instruction is offered, one year for which the individual must be continuously employed in a single occupation or trade. The experience must be approved by the employing superintendent or certification officer of a college or university approved to prepare teachers for the vocational certificate.

(B) Professional development. The professional development requirements shall be completed in an approved institution and consist of:

(i) completion of a professional development sequence that includes:

(I) developing, organizing, and using instructional materials;

(II) methods of teaching vocational subjects;

(III) human relations for vocational industrial instructors;

(IV) aims and objectives of vocational education;

(V) organizing and coordinating vocational industrial cooperative education programs; and

(VI) problems in industrial cooperative education; and

(ii) two creditable years, as defined in Subchapter Y of this chapter, of successful experience teaching cooperative training programs on emergency permits in the area of the certificate sought.

(f) Standard trade and industrial education certificate. A standard trade and industrial education certificate shall be based on academic preparation and experience in the skill areas to be taught and completion of specified pedagogy and professional responsibilities training.

(1) Academic preparation and wage-earning experience.

(A) Option I. Option I requires:

(i) a bachelor's degree from an accredited institution;

(ii) three years of full-time wage-earning experience within the past eight years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of a teacher preparation program approved to prepare teachers for the trade and industrial education certificate. Up to 18 months of the wage-earning experience can be met through a formal documented internship.

(B) Option II. Option II requires:

(i) an associates' degree from an accredited institution;

(ii) three years of full-time wage-earning experience within the past eight years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of a teacher preparation program approved to prepare teachers for the trade and industrial education certificate.

(C) Option III. Option III requires:

(i) a high school diploma or the equivalent;

(ii) five years of full-time wage-earning experience within the past eight years in one or more approved occupations for which instruction is offered. The experience must be approved by the certification officer of a teacher preparation program approved to prepare teachers for the trade and industrial education certificate.

(2) Current licensure, certification, or registration by a state or nationally recognized accrediting agency as a professional practitioner in one or more approved occupations for which instruction is offered. Licensure, certification, or registration by a nationally recognized accrediting agency must be based on a recognized test or measurement. If the licensure, certification, or registration is not based on a recognized test or measurement, then passing of the appropriate National Occupational Competency Testing Institute (NOCTI) assessment is required.

(3) This subsection becomes effective September 1, 2002, and replaces subsection (e) of this section effective September 1, 2003.

(g) [ (f) ] Approval of vocational education teachers based on prior experience and preparation in a skill area.

(1) Prospective vocational education teachers shall submit a statement of qualifications detailing prior experience and skill area preparation to the employing superintendent or certification officer of a college approved to prepare teachers for the vocational certificate sought. The superintendent or certification officer shall review the applicant's statement of qualifications to determine whether the applicant meets the appropriate approval criteria specified in this subsection.

(2) Under this section, 12 months of wage-earning experience consisting of at least 40 hours per week shall equal one year of full-time experience. Wage-earning experience consisting of less than 40, but at least 20, hours per week shall be calculated at a 50% rate in determining years of full-time experience. Wage-earning experience consisting of less than 20 hours per week shall not be considered acceptable in determining full-time experience.

(3) A deficiency plan specifying certification requirements shall be prepared by a college or university approved to offer course work for the vocational certificate sought.

(4) If the approved applicant is employed by the school district, the superintendent or designee shall apply for an emergency permit within 30 days of employment according to §230.504 of this title (relating to Specific Requirements for Initial Emergency Permits).

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 25, 2002.

TRD-200201882

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: May 5, 2002

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


Chapter 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §§233.1 - 233.6

On January 4, 2002, the State Board for Educator Certification (SBEC or Board) proposed new Chapter 233, §§ 233.1- 233.6, relating to categories of classroom teaching certificates.

New 19 TAC Chapter 233, §§233.1- 233.6 contains the following provisions:

Section 233.1: Proposed new Section 233.1 adds another method of organizing the kinds of educator certificates SBEC issues. "Category" would be added to the certification groupings termed "class" and "type," which are described in Subchapter M of Chapter 232 of this title, relating to the types and classes of certificates issued. "Type" indicates how long a credential is valid: that is, whether it is temporary, renewable, or continuing. A "class" of certification broadly represents the kind of educator certificate issued: that is, whether the certificate authorizes the holder to be employed in the public schools as a classroom teacher, administrator, school librarian, school counselor, or other kind of educator. A "category" would include the different kinds of certificates within a class: that is, whether a classroom teacher's certificates authorizes the holder to teach elementary education or secondary subjects, such as mathematics, science, English, or other area.

The remaining sections of proposed new Chapter 233 (§§ 233.2-233.6) present the new certification categories for classroom teachers the Board has approved so far. As applicable, each certificate category is aligned with the Texas Essential Knowledge and Skills (TEKS) curriculum adopted by the State Board of Education. With the exception of the certificates for technology applications (grades 8-12) and computer science (grades 8-12), these new categories of classroom teachers' certificates will be issued for the first time beginning September 1, 2002. The technology applications and computer science certificates have been issued since June 1, 2001.

Section 233.2: Proposed new Section 233.2 creates two new generalist certificates for the elementary grades. These certificates authorize the holders to teach the basic elementary school curriculum for the grades covered.

Section 233.3: Proposed new Section 233.3 authorizes SBEC to issue new classroom teachers' certificates for English language arts and reading, social studies, or history in grades 4-8 and 8-12. Composite certification for English language arts and reading/social studies in grades 4-8 is also provided.

Section 233.4: Proposed new Section 233.4 establishes new classroom teachers' certificates for mathematics, science, life science, and physical science in grades 4-8 or 8-12, including a composite mathematics/science certificate for grades 4-8.

Section 233.5: Proposed new Section 233.5 provides for the issuance of technology applications and computer science teaching certificates for early childhood-grade 12 or grades 8-12.

Section 233.6: Proposed new Section 233.6 sets out the classroom teachers' certificates for bilingual education, including generalist and supplemental, for early childhood-grade 4 or grades 4-8. In the grades covered by the certificate, the bilingual generalist could teach the same elementary curriculum as the holder of the counterpart certificate for the elementary generalist in a regular program. As indicated by its name, the supplemental bilingual certificate may be added to a base certificate and authorizes the holder to teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate.

The overall fiscal impact for FY 2003 from the change in certification examinations offered would be minimal. With the new composite certificates and the ensuing reduction in the total number of certificate types that would be offered, agency revenues would be reduced because fewer types of certification examinations would offered. However, with the cost to administer each exam being very close to the revenue garnered from each exam, there would be minimal fiscal impact on net test revenues.

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

The public would benefit from the proposed new rules because they would allow SBEC to issue new certificates based on updated and improved standards and examinations that are aligned with the public school curriculum. Most persons affected by these amendments should incur no additional costs as a result of the implementation of the proposed rules because SBEC is not raising certification or exam fees under these proposed rules. After September 1, 2003, however, candidates who wish to obtain elementary education certification to cover Grades 1-8 will have to get two certificates instead of one, thereby incurring more examination and certification charges than they would have under the discontinued certification structure.

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, TX 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 new rules for the categories of classroom teaching certificates, 19 TAC Ch. 233."

New Chapter 233 is proposed under the following sections of the Education Code: §21.039(3), which authorizes the SBEC's executive director to issue educator certificates approved by the Board; §21.041(b)(1), which requires the Board to propose rules providing for the regulation of educators and general administration of SBEC's statutes; and §21.041(b)(2), which requires the Board to propose rules specifying the classes of educator certificates to be issued.

No other statute, article, or code is affected by these new sections.

§233.1.General Authority.

(a) In this chapter, the State Board for Educator Certification (Board or SBEC) establishes separate certificate categories within the certificate class for the classroom teacher established under §232.510(b)(3) of this title (relating to Classes of Certificates). This chapter is adopted under Education Code, Sections 21.039(3) (relating to authority of Board's executive director to issue educator certificates), 21.041(b)(1) (relating to the Board's rulemaking authority for the regulation of educators and general administration of SBEC statutes), and 21.041(b)(2) (relating to the Board's rulemaking authority to specify classes of educator certificates).

(b) For purposes of authorizing a person to be employed by a school district under Section 21.003(a), Education Code, a certificate category identifies:

(1) the content area or the special student population the holder may teach;

(2) the grade levels the holder may teach; and

(3) the earliest date the certificate may be issued.

(c) Unless provided otherwise by this title, the content area and grade level of a certificate category as well as the standards underlying the certification examination for each category are aligned with the Texas Essential Knowledge and Skills (TEKS) curriculum adopted by the State Board of Education under this title.

(d) A category includes both a standard certificate and the related emergency or temporary credential. A category may comprise a standard base certificate or a supplemental certificate. A supplemental certificate may be issued only to a person who already holds the appropriate standard base certificate.

(e) A person must satisfy all applicable requirements and conditions under this title and other law to be issued a certificate in a category, including passing the appropriate examination prescribed by SBEC.

§233.2.Generalist.

(a) Generalist: Early Childhood-Grade 4. The Generalist: EC-4 certificate may be issued no earlier than September 1, 2002. The holder of the Generalist: EC-4 certificate may teach the following content areas in a pre-kindergarten program, in kindergarten, and in Grades 1 through 4:

(1) Art;

(2) Health;

(3) Music;

(4) Physical Education;

(5) English Language Arts and Reading;

(6) Mathematics;

(7) Science;

(8) Social Studies.

(b) Generalist: Grades 4-8. The Generalist: 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Generalist: 4-8 certificate may teach the following content areas in Grades 4 through 8:

(1) English Language Arts and Reading;

(2) Mathematics;

(3) Science;

(4) Social Studies.

§233.3.English Language Arts and Reading; Social Studies.

(a) English Language Arts and Reading: Grades 4-8. The English Language Arts and Reading: 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the English Language Arts and Reading: 4-8 certificate may teach English language arts, including speech, and reading in Grades 4 through 8.

(b) Social Studies: Grades 4-8. The Social Studies: 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Social Studies: 4-8 certificate may teach social studies in Grades 4 through 8.

(c) English Language Arts and Reading/ Social Studies: Grades 4-8. The English Language Arts and Reading/ Social Studies: 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the English Language Arts and Reading/ Social Studies: 4-8 certificate may teach English language arts, including speech; reading; and social studies in Grades 4 through 8.

(d) English Language Arts and Reading: Grades 8-12. The English Language Arts and Reading: 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the English Language Arts and Reading: 8-12 certificate may teach English language arts, including speech and journalism, and reading in Grades 8 through 12.

(e) Social Studies: Grades 8-12. The Social Studies: 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Social Studies: 8-12 certificate may teach social studies, including history, and economics in Grades 8 through 12.

(f) History: Grades 8-12. The History: 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the History: 8-12 certificate may teach social studies in Grade 8 and history in Grades 9 through 12.

§233.4.Mathematics; Science.

(a) Mathematics: Grades 4-8. The Mathematics: 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Mathematics: 4-8 certificate may teach mathematics in Grades 4 through 8.

(b) Science: Grades 4-8. The Science: 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Science: 4-8 certificate may teach science in Grades 4 through 8.

(c) Mathematics/Science: Grades 4-8. The Mathematics/Science: 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Mathematics/Science: 4-8 certificate may teach mathematics and science in Grades 4 through 8.

(d) Mathematics: Grades 8-12. The Mathematics: 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Mathematics: 8-12 certificate may teach mathematics in Grades 8 through 12.

(e) Science: Grades 8-12. The Science: 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Science: 8-12 certificate may teach science, including life and physical science, in Grades 8 through 12.

(f) Life Science: Grades 8-12. The Life Science: 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Life Science: 8-12 certificate may teach life science, including biology, in Grades 8 through 12.

(g) Physical Science: Grades 8-12. The Physical Science: 8-12 certificate may be issued no earlier than September 1, 2002. The holder of the Physical Science: 8-12 certificate may teach physical science, including physics and chemistry, in Grades 8 through 12.

§233.5.Technology Applications.

(a) Technology Applications: Grades 8-12. The Technology Applications: 8-12 certificate may be issued no earlier than June 1, 2001. The holder of the Technology Applications: 8-12 certificate may teach the following technology applications courses: desktop publishing, digital graphics/animation, multimedia, video technology, web mastering, and independent study in technology applications, in Grades 8 through 12.

(b) Technology Applications: Early Childhood-Grade 12. The Technology Applications: EC-12 certificate may be issued no earlier than September 1, 2002. The holder of the Technology Applications: Early Childhood-Grade 12 certificate may teach the technology applications curriculum in pre-kindergarten, kindergarten, and grades 1-12, with the exception of computer science I and II.

(c) Computer Science: Grades 8-12. The Computer Science:8-12 certificate may be issued no earlier than June 1, 2001. The holder of the Computer Science: 8-12 certificate may teach the following technology applications courses: computer science I and II.

§233.6.Bilingual Education.

(a) Bilingual Generalist: Early Childhood-Grade 4. The Bilingual Generalist: EC-4 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Generalist: EC-4 certificate may teach in a bilingual pre-kindergarten program, a bilingual kindergarten program, and a bilingual program in Grades 1 through 4. The holder of the Bilingual Generalist: EC-4 may teach the same content areas as the holder of the Generalist: EC-4 certificate may teach under §233.2(a) of this title (relating to Generalist).

(b) Bilingual Generalist: Grades 4-8. The Bilingual Generalist: 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Generalist: 4-8 certificate may teach in a bilingual program in Grades 4 through 8. The holder of the Bilingual Generalist: 4-8 may teach the same content areas as the holder of the Generalist: 4-8 certificate may teach under §233.2(b) of this title.

(c) Bilingual Education Supplemental: Early Childhood-Grade 4. The Bilingual Education Supplemental: EC-4 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Education Supplemental: EC-4 certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate.

(d) Bilingual Education Supplemental: Grades 4-8. The Bilingual Education Supplemental: 4-8 certificate may be issued no earlier than September 1, 2002. The holder of the Bilingual Education Supplemental: 4-8 certificate may teach in a bilingual program at the same grade levels and in the content area(s) of the holder's base certificate.

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 25, 2002.

TRD-200201883

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: May 5, 2002

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


Chapter 239. STUDENT SERVICES CERTIFICATES

Subchapter A. SCHOOL COUNSELOR CERTIFICATE

19 TAC §239.30

On January 4, 2002, the State Board for Educator Certification (SBEC or Board) proposed an amendment §239.30, relating school counselor certification.

The proposed amendments to 19 TAC §239.30 will make the rules regarding the transition to the new school counselor certificate consistent with policies regarding the transition to the other new certificates being implemented on September 1, 2002. Specifically, these proposed amendments will postpone the discontinuance of the current counselor, special education counselor, and vocational counselor certificates from September 1, 2002, until September 1, 2003.

No fiscal impact is anticipated from the amendment.

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

The public would benefit from the proposed amendments because they would allow eligible candidates an additional year to complete the requirements for school counselor credentials scheduled for discontinuance and not sacrifice their preparation efforts up to this point. The proposal would therefore encourage candidates to complete their counselor preparation program, obtain counselor certification, and serve in the public schools. Persons affected by these amendments should incur no additional costs as a result of the implementation of the proposed rules.

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, TX 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 School Counselor Certification, 19 TAC §239.30."

The amendment is proposed under the following sections of the Education Code: §21.039(3), which authorizes the SBEC's executive director to issue educator certificates approved by the Board; §21.041(b)(2), which requires SBEC to propose rules that specify the classes of educator certificates to be issued; §21.041(b)(4), which requires SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.044, which requires SBEC to propose rules that establish the training requirements a person must accomplish to obtain a certificate; §21.048(a), which requires SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the Board; and §33.002, which requires SBEC to certify counselors for employment in the public schools.

No other statute, code, or article is affected by this amendment.

§239.30.Transition and Implementation Dates.

(a) Section 239.20 of this subchapter (relating to Requirements for Issuance of the Standard School Counselor Certificate), shall be implemented [ and shall supercede all conflicting provisions in this title on ] September 1, 2002 and shall supersede all conflicting provisions in this title on September 1, 2003. All other sections of this subchapter shall take effect pursuant to Texas Government Code, § 2001.036, relating to Effective Date of Rules.

(b) The following provisions of Chapter 230, Subchapter J of this title (relating to Certification Requirements for Educators Other Than Classroom Teachers and Educational Aides), shall expire on September 1, 2003 [ 2002 ]:

(1) §230.307(1)-(4) of this title (relating to Counselor Preparation and Certification Requirements);

(2) §230.315 of this title (relating to Special Education Counselor); and

(3) §230.319 of this title (relating to Certification Standards for Vocational Education Supportive Professional Personnel).

(c) Not later than September 1, 2003 [ 2002 ], the following provisions of this title shall no longer apply to the school counselor certificate:

(1) Chapter 230, Subchapter O, §230.462(b)(2) of this title (relating to Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States) as it existed on May 5, 2000;

(2) Chapter 245, §245.5(a)(2) of this title (relating to Requirements for Texas Certificates Based on Certification from Another Country) as it existed on May 5, 2000; and

(3) the "teaching practicum" requirement of Chapter 245, §245.10(a)(2)(B) of this title (relating to Application Procedures (for Texas certificates based on certification from another country)) as it existed on May 5, 2000.

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 25, 2002.

TRD-200201884

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: May 5, 2002

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


Subchapter B. SCHOOL LIBRARIAN CERTIFICATE

19 TAC §239.70

On January 4, 2002, the State Board for Educator Certification (SBEC or Board) proposed an amendment to §239.70, relating school librarian certification.

The proposed amendments to 19 TAC §239.70 will make the rules regarding the transition to the new school librarian certificate consistent with policies regarding the transition to the other new certificates being implemented on September 1, 2002. Specifically, these proposed amendments will postpone the discontinuance of the learning resources specialist certificate and endorsement from September 1, 2002, until September 1, 2003.

No fiscal impact is anticipated from the amendment.

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

The public would benefit from the proposed amendments because they would allow eligible candidates an additional year to complete the requirements for learning resource specialist credentials scheduled for discontinuance and not sacrifice their preparation efforts up to that point. The proposal would therefore encourage candidates to complete their learning resource specialist preparation, obtain certification, and serve in the public schools. Persons affected by these amendments should incur no additional costs as a result of the implementation of the proposed rules.

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, TX 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 School Librarian Certification, 19 TAC §239.70."

The amendment is proposed under the following sections of the Education Code: §21.039(3), which authorizes the SBEC's executive director to issue educator certificates approved by the Board; §21.041(b)(2), which requires SBEC to propose rules that specify the classes of educator certificates to be issued; §21.041(b)(4), which requires SBEC to propose rules that specify the requirements for the issuance and renewal of an educator certificate; §21.044, which requires SBEC to propose rules that establish the training requirements a person must accomplish to obtain a certificate; and §21.048(a), which requires SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the Board.

No other statute, code, or article is affected by this amendment.

§239.70.Transition and Implementation Dates.

[ (a) Section 239.60 of this title (relating to Requirements for Issuance of the Standard School Librarian Certificate) shall be implemented and shall supercede all conflicting provisions in this title on September 1, 2002. All other sections of this subchapter shall take effect pursuant to Texas Government Code, §2001.036, relating to Effective Date of Rules.]

[ (b) ] The following provisions of this title shall expire on September 1, 2003 [ 2002 ]:

(1) Chapter 230, Subchapter G, §230.199(d)(2) of this title (relating to Endorsements); and

(2) Chapter 230, Subchapter J, §230.311(a)-(d) of this title (relating to Learning Resources Specialist).

[ (c) Not later than September 1, 2002, the following provisions of this title shall no longer apply to the school librarian certificate:]

[(1) Chapter 230, Subchapter O, §230.462(b)(2) of this title (relating to Requirements for Texas Certificates Based on Certification from Other States or Territories of the United States) as it existed on May 5, 2000;]

[(2) Chapter 245, §245.5(a)(2) of this title (relating to Requirements for Texas Certificates Based on Certification from Another Country) as it existed on May 5, 2000; and]

[(3) the "teaching practicum" requirement of Chapter 245, §245.10(a)(2)(B) of this title (relating to Application Procedures for Texas certificates based on certification from another country) as it existed on May 5, 2000.]

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 25, 2002.

TRD-200201885

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: May 5, 2002

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


Chapter 245. CERTIFICATION OF EDUCATORS FROM OTHER COUNTRIES

19 TAC §§245.1, 245.5, 245.10

On January 4, 2002, the State Board for Educator Certification (SBEC) proposed amendments to §§245.1, 245.5, and 245.10, relating to certification of educators from other countries.

The following changes are proposed to these sections of 19 TAC Chapter 245:

Section 245.1(a), (b), and (e): The proposed amendment to Subsection (a) of Section 245.1 would recognize the issuance of one-year certificates to educators from other countries not just standard certificates. The proposed deletion of the reference to Section 230.5 of this title, relating to educator assessment, would implement the 77th Legislature's amendment of Section 21.052, Education Code, to allow the exemption of out-of-state educators from Texas certification exam requirements if they passed comparable certification exams in their jurisdiction of certification.

The proposed amendment to Subsection (b) of Section 245.1 would clarify that the academic degree obtained by an educator from another country who is seeking Texas certification must be comparable to the bachelor's degree or higher.

The proposed amendment to Subsection (e) of Section 245.1 would clarify that the Board has delegated to SBEC's executive director the authority to review the qualifications of educators from other countries and to issue certificates to such applicants found to be eligible for Texas certification.

Section 245.5(a), (e), and (f): The proposed amendment to Subsection (a) of Section 245.5 would implement the Texas test exemption described above for educators from other countries who passed comparable certification exams in obtaining a certificate or license in a foreign jurisdiction. Subsequent subdivisions contained in the section would be renumbered accordingly.

Proposed new Subsection (e) of Section 245.5 would ratify the limited extension of temporary credentials (one-year certificates) issued to certain educators from other countries under emergency rules that the Board adopted in August 2001 and that expired in February 2002. This extension was granted to allow eligible out-of-country educators extra time to find out if they would be exempted from further testing under the results of SBEC's first phase of reviewing other jurisdictions' certification exams.

Proposed new Subsection (f) of Section 245.5 would allow certain educators from outside Texas until August 31, 2003, to take the current ExCET tests as determined by an SBEC review of credentials and receive the corresponding certificates that are slated to be discontinued, even though the replacement certificates will become available September 1, 2002.

Section 245.10(e): Proposed new Subsection (e) of Section 245.10 would clarify and iterate the executive director's authority, within statutory limits, to establish requirements for the submission of applications by foreign educators seeking Texas certification.

No fiscal impact is anticipated from these amendments.

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

The public would benefit from the proposed amendments because they would lower unnecessary barriers to the Texas certification of qualified educators from other countries and allow them to be employed in Texas public schools, thus helping to alleviate the current teacher shortage in the state. Most persons affected by the amendments should incur no additional costs as a result of the implementation of the proposed rules. Certain educators from other countries may eventually qualify for an exemption from the Texas certification exams, thereby saving them further assessment fees.

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, TX 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 the proposed amendments to rules for Certification of Educators from Other Countries, 19 TAC Chapter 245."

The amendments are proposed under the following sections of the Education Code: §21.039(3), which authorizes SBEC's executive director to issue educator certificates approved by the Board; §21.041(b)(1), which requires the Board to propose rules providing for the regulation of educators and general administration of SBEC's statutes; §21.041(b)(5), which requires SBEC to propose rules that provide for the issuance of an educator certificate to a person who holds a similar certificate issued by another state; §21.048(a), which requires SBEC to propose rules prescribing comprehensive examinations for each class of certificate issued by the Board; §21.050, which establishes the nature of an academic degree required for certification; and §21.052, which authorizes SBEC to issue certificates to educators from other states, subject to certain minimum requirements.

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

§245.1.General Provisions.

(a) A Texas [ standard ] educator certificate may be issued to an individual who holds a college degree and an appropriate certificate or other credential issued by the authorized licensing agency in another country and who meets appropriate requirements specified in §230.413 of this title (relating to General Requirements) [ , §230.5 of this title (relating to Educator Assessment) ] and elsewhere in this chapter.

(b) The degree held by an applicant from another country must be equivalent to at least a bachelor's degree issued by an institution of higher education in the United States that was accredited or otherwise approved by a state department of education, a recognized governmental organization, or a recognized regional accrediting organization.

(c) The certificate or other credential issued by the authorized licensing agency in another country may not be a temporary permit, a credential issued by a city or school district, or a certificate for which academic or other program deficiencies are indicated. Specific examination or renewal requirements shall not be considered academic or program deficiencies.

(d) A statement, approval letter, or certification entitlement card issued by the authorized licensing agency in another country specifying eligibility for full certification upon employment or completion of specified examination requirements shall have the same standing as a certificate.

(e) The certificate or other credential and areas of certification issued by the authorized licensing agency in another country must be equivalent to a certificate and certification areas issued by the State Board for Educator Certification (SBEC). The executive director of SBEC or a designee shall identify the certificate(s) for which the applicant qualifies in Texas. The certificate(s) for which the applicant qualifies may be issued under the authority of the executive director.

§245.5.Requirements for Issuance of a Texas Certificate Based on Certification from Another Country.

(a) The appropriate Standard Certificate issued under Chapter 232, Subchapter M of this title (relating to the Types and Classes of Certificates Issued), may be issued to an applicant holding a certificate or other credential and college degree as specified in §245.1 of this chapter (relating to General Provisions). The applicant must:

(1) pass the appropriate examination prescribed under §21.048(a), Texas Education Code (relating to certification requirements) and §230.5 of this title (relating to Educator Assessment); or

(2) achieve an acceptable score on an examination(s) similar to and at least as rigorous as that requirements prescribed under §21.048(a), Texas Education Code and §230.5 of this title that was administered under the authority of another country. The applicant shall verify in a manner determined by the executive director the level of performance on acceptable examinations administered under the authority of another country.

(b) [ (1) ] An applicant who holds a certificate or other credential that is equivalent to a certification area listed in Chapter 230, Subchapter G of this title (relating to Certification Requirements for Classroom Teachers) and that was issued in accordance with §245.1 of this chapter may be issued the equivalent Texas certificate.

(c) [ (2) ] An applicant who holds a certificate or other credential that is equivalent to a certification area listed in Chapter 230, Subchapter J of this title (relating to Certification Requirements for Educators Other Than Classroom Teachers and Educational Aides) and that was issued in accordance with §245.1 of this chapter may be issued the equivalent Texas certificate, provided the applicant:

(1) [ (A) ] has completed requirements for a classroom teacher certificate; or

(2) [ (B) ] can verify three creditable years of public or private school experience, as defined in Chapter 230, Subchapter Y of this title (relating to Definitions) in the certification area.

(d) [ (b) ] If all certification requirements are met except successful completion of the appropriate certification examination(s), the applicant may request issuance of a one-year certificate in one or more of the certification areas authorized by the certificate from another country.

(1) An applicant issued a one-year certificate under this section who does not satisfy the appropriate examination requirements during the validity of the one-year certificate is not eligible for any type of certificate or permit authorizing employment for the same certification level or area until he or she has satisfied the examination requirements.

(2) An applicant issued a one-year certificate under this section who, during or subsequent to the validity of the certificate, satisfies the appropriate examination requirements and establishes eligibility for a standard certificate may apply for:

(A) a new one-year certificate in another certification area based on a certificate issued by a another country; or

(B) a second one-year certificate in an area previously authorized on a one-year certificate, provided the applicant was not assigned to the area and has not attempted the appropriate examination requirements for that area.

(e) An initial one-year certificate whose validity was extended under the emergency adoption (published in the August 24, 2001, issue of the Texas Register (26 TexReg 6192)) or emergency extension (November 30, 2001, issue of the Texas Register (26 TexReg 9679)) of this amended section is hereby ratified according to the terms of its extension. The determination by the executive director or a designee of the validity period of a one-year certificate so extended shall be final and unappealable. This subsection expires March 1, 2004.

(f) An individual issued an initial one-year certificate under this chapter during the 2001-2002 school year with an expiration after September 1, 2002, in a certification area slated for deletion on September 1, 2002, will be permitted to take the certification examinations required for the deleted certificate until August 31, 2003, and apply for the corresponding certificate. The provisions of this subsection do not extend the validity period of the one-year certificate issued under this chapter.

§245.10.Application Procedures.

(a) Individuals who have been issued an appropriate certificate or other credential by the authorized licensing agency in another country as specified in §245.1 of this chapter (relating to General Provisions) may apply for a review of credentials by submitting the following items to the State Board for Educator Certification (SBEC):

(1) a completed application form;

(2) the original detailed report or course-by-course evaluation for professional licensing of all college-level credits prepared by a credential evaluation service recognized by the executive director of SBEC. The evaluation must verify that the individual:

(A) holds the equivalent of a bachelor's degree granted by an accredited institution of higher education in the United States, including the month, day, and year that the degree was conferred;

(B) has completed an educator preparation program, including a teaching practicum;

(C) holds an appropriate certificate or credential issued by another country as specified in §245.1 of this chapter, including the effective date and validity period of the certificate, certification area(s) and grade level(s);

(3) evidence in a form approved by the executive director that the educator certificate or credential specified in §245.1 of this chapter is currently in good standing and has not been revoked, suspended, or sanctioned for misconduct and is not pending disciplinary or adverse action;

(4) official transcripts of any additional college credits earned in the United States: and

(5) a nonrefundable review fee as specified in Chapter 230, Subchapter N of this title (relating to Certificate Issuance Procedures).

(b) Applicants holding certificates or other credentials issued by a country that is a party to the Interstate Certification Compact for reciprocity through the National Association of State Directors of Teacher Education and Certification (NASDTEC), may submit the following in lieu of a credential evaluation report from a recognized credential evaluation service:

(1) official transcripts in English of all college credits showing the appropriate degree(s) and dates(s) conferred: and

(2) copies (front and back) of all certificates or credentials issued in accordance with §245.1 of this chapter, to include the effective date and validity period of the certificate, certification area(s) and grade level(s).

(c) Pursuant to §245.5(b) of this chapter (relating to Requirements of Issuance of a Texas Certificate Based on a Certification from Another Country) applicants may apply for a one-year certificate by submitting the following items to the board:

(1) a completed application form; and

(2) appropriate fee as specified in Chapter 230, Subchapter N of this title (relating to Certificate Issuance Procedures).

(d) Pursuant to §245.5(a) of the chapter, applicants may apply for a Standard Certificate by submitting the following items to the board:

(1) a completed application form; and

(2) appropriate fee as specified in Chapter 230, Subchapter N of this title, relating to Certificate Issuance Procedures.

(e) The executive director may develop and implement further procedures to administer this chapter.

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 25, 2002.

TRD-200201886

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: May 5, 2002

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