TITLE 19.EDUCATION

Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 239. STUDENT SERVICES CERTIFICATES

Subchapter C. EDUCATIONAL DIAGNOSTICIAN CERTIFICATE

19 TAC §§239.80 - 239.86

The State Board for Educator Certification adopts new Chapter 239, Subchapter C, §§239.80-239.86, relating to educational diagnostician certification. Sections 239.80-239.82, 239.84-239.86 are adopted without changes to the proposed text as published in the March 8, 2002, issue of the Texas Register (27 TexReg 1634) and will not be republished. Section 239.83 is adopted with a minor non-substantive change. The text of §239.83 will be republished. In the proposed version of §239.83(g)(2), the designated lettering for subparagraphs (C)-(K) should have been subparagraphs (C)-(L). The text for subparagraph (C) inadvertently appeared under subparagraph (B), thus mis-lettering the remaining subparagraphs. This adoption corrects the error.

REASONED JUSTIFICATION FOR RULES AS ADOPTED:

The following is a summary of the factual basis for the rules as adopted that demonstrates a rational connection between the factual basis for the rules and the rules as adopted:

The rules include the standards recommended by the Advisory Standards Development Committee for Educational Diagnostician. The standards will be used to develop assessments. The standards for educational diagnostician were posted on the SBEC web site for public comment for a period of thirty days. No changes to the standards were suggested. A concern was expressed about whether the standards adequately addressed the knowledge and skills an educational diagnostician should have to differentiate between children who truly have special education needs and those whose learning challenges result solely from deficits in English-language proficiency. Upon further review and discussion, however, it was agreed that the standards adequately addressed this concern.

The new rules contain requirements, standards, and administrative provisions for the educational diagnostician certificate, including the following: (1) admission to an educator preparation program; (2) preparation; (3) educator standards for the standard educational diagnostician certificate; (4) issuance of the standard educational diagnostician certificate; (5) renewal of the standard educational diagnostician certificate; and (6) transition provisions allowing candidates to obtain the superseded certificate until August 31, 2003, or one year after the new certificate becomes available on September 1, 2002.

The requirements listed above are consistent with those in rule for the other new student services certificates (school librarian and school counselor). They differ, however, from the current educational diagnostician requirements in that the rules require two years of classroom teaching experience in a public or accredited private school. The current rules require a candidate to have a valid teaching certificate and three years of classroom teaching experience.

Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

No comments were received regarding adoption of the rules.

The new rules are adopted under the following sections of the Education Code: §21.041(a), which requires SBEC to propose rules for the general administration of Chapter 21, Subchapter B, Education Code; §21.041(b)(2), which requires SBEC to propose rules that specify the classes of educator certificates to be issued; and §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate.

§239.83.Standards for the Educational Diagnostician Certificate.

(a) The knowledge and skills identified in this section must be used by educational diagnostician preparation programs in the development of curricula and coursework and will be used by the State Board for Educator Certification as the basis for developing the assessments required to obtain the Standard Educational Diagnostician Certificate. These standards must also serve as the foundation for the professional growth plan, and continuing professional education activities required by §239.85 of this subchapter (relating to Requirements to Renew the Standard Educational Diagnostician Certificate).

(b) Standard I. The educational diagnostician understands and applies knowledge of the purpose, philosophy, and legal foundations of evaluation and special education.

(1) The beginning educational diagnostician knows and understands:

(A) state and federal regulations relevant to the role of the educational diagnostician;

(B) laws and legal issues related to the assessment and evaluation of individuals with educational needs;

(C) models, theories, and philosophies that provide the basis for special education evaluations;

(D) issues, assurances, and due process rights related to evaluation, eligibility, and placement within a continuum of services; and

(E) rights and responsibilities of parents/guardians, schools, students, and teachers and other professionals in relation to individual learning needs.

(2) The beginning educational diagnostician is able to:

(A) articulate the purpose of evaluation procedures and their relationship to educational programming; and

(B) conduct evaluations and other professional activities consistent with the requirements of laws, rules and regulations, and local district policies and procedures.

(c) Standard II. The educational diagnostician understands and applies knowledge of ethical and professional practices, roles, and responsibilities.

(1) The beginning educational diagnostician knows and understands:

(A) ethical practices regarding procedural safeguards (e.g., confidentiality issues, informed consent) for individuals with disabilities;

(B) ethical practices related to assessment and evaluation;

(C) qualifications necessary to administer and interpret various instruments and procedures; and

(D) organizations and publications relevant to the field of educational diagnosis.

(2) The beginning educational diagnostician is able to:

(A) demonstrate commitment to developing quality educational opportunities appropriate for individuals with disabilities;

(B) demonstrate positive regard for the culture, gender, and personal beliefs of individual students;

(C) promote and maintain a high level of competence and integrity in the practice of the profession;

(D) exercise objective professional judgment in the practice of the profession;

(E) engage in professional activities that benefit individuals with exceptional learning needs, their families, and/or colleagues;

(F) comply with local, state, and federal monitoring and evaluation requirements;

(G) use copyrighted educational materials in an ethical manner; and

(H) participate in the activities of professional organizations in the field of educational diagnosis.

(d) Standard III. The educational diagnostician develops collaborative relationships with families, educators, the school, the community, outside agencies, and related service personnel.

(1) The beginning educational diagnostician knows and understands:

(A) strategies for promoting effective communication and collaboration with others, including parents/guardians and school and community personnel, in a culturally responsive manner;

(B) concerns of parents/guardians of individuals with exceptional learning needs and appropriate strategies to help parents/guardians address these concerns;

(C) strategies for developing educational programs for individuals through collaboration with team members;

(D) roles of individuals with disabilities, parents/caregivers, teachers, and other school and community personnel in planning educational programs for individuals; and

(E) family systems and the role of families in supporting student development and educational progress.

(2) The beginning educational diagnostician is able to:

(A) use collaborative strategies in working with individuals with disabilities, parents/caregivers, and school and community personnel in various learning environments;

(B) communicate and consult effectively with individuals, parents/guardians, teachers, and other school and community personnel;

(C) foster respectful and beneficial relationships between families and education professionals;

(D) encourage and assist individuals with disabilities and their families to become active participants in the educational team;

(E) plan and conduct collaborative conferences with individuals who have exceptional learning needs and their families or primary caregivers;

(F) collaborate with classroom teachers and other school and community personnel in including individuals with exceptional learning needs in various learning environments;

(G) communicate with classroom teachers, administrators, and other school personnel about characteristics and needs of individuals with disabilities;

(H) use appropriate communication skills to report and interpret assessment and evaluation results;

(I) provide assistance to others who collect informal and observational data;

(J) effectively communicate to parents/guardians and professionals the purposes, methods, findings, and implications of assessments; and

(K) keep accurate and detailed records of assessments, evaluations, and related proceedings (e.g., ARD/IEP meetings, parent/guardian communications and notifications).

(e) Standard IV. The educational diagnostician understands and applies knowledge of student assessment and evaluation, program planning, and instructional decision making.

(1) The beginning educational diagnostician knows and understands:

(A) the characteristics, needs, and rights of individual students in relation to assessment and evaluation for placement within a continuum of services;

(B) the relationship between evaluation and placement decisions; and

(C) the role of team members, including the student when appropriate, in planning an individualized program.

(2) The beginning educational diagnostician is able to:

(A) use assessment and evaluation information to plan individualized programs and make instructional decisions that result in appropriate services for individuals with disabilities, including those from culturally and/or linguistically diverse backgrounds;

(B) interpret and use assessment and evaluation data for targeted instruction and ongoing review; and

(C) assist in identifying realistic expectations for educationally relevant behavior (e.g., vocational, functional, academic, social) in various settings.

(f) Standard V. The educational diagnostician knows eligibility criteria and procedures for identifying students with disabilities and determining the presence of an educational need.

(1) The beginning educational diagnostician knows and understands:

(A) characteristics of individuals with disabilities, including those with different levels of severity and with multiple disabilities;

(B) educational implications of various disabilities; and

(C) the variation in ability exhibited by individuals with particular types of disabilities.

(2) The beginning educational diagnostician is able to:

(A) access information on the cognitive, communicative, physical, social, and emotional characteristics of individuals with disabilities;

(B) gather background information regarding the academic, medical, and family history of individuals with disabilities; and

(C) use various types of assessment and evaluation procedures appropriately to identify students with disabilities and to determine the presence of an educational need.

(g) Standard VI. The educational diagnostician selects, administers, and interprets appropriate formal and informal assessments and evaluations.

(1) The beginning educational diagnostician knows and understands:

(A) basic terminology used in assessment and evaluation;

(B) standards for test reliability;

(C) standards for test validity;

(D) procedures used in standardizing assessment instruments;

(E) possible sources of test error;

(F) the meaning and use of basic statistical concepts used in assessment and evaluation (e.g., standard error of measurement, mean, standard deviation);

(G) uses and limitations of each type of assessment instrument;

(H) uses and limitations of various types of assessment data;

(I) procedures for screening, prereferral, referral, and eligibility;

(J) the appropriate application and interpretation of derived scores (e.g., standard scores, percentile ranks, age and grade equivalents, stanines);

(K) the necessity of monitoring the progress of individuals with disabilities;

(L) methods of academic and nonacademic (e.g., vocational, developmental, assistive technology) assessment and evaluation; and

(M) methods of motor skills assessment.

(2) The beginning educational diagnostician is able to:

(A) collaborate with families and other professionals in the assessment and evaluation of individuals with disabilities;

(B) select and use assessment and evaluation materials based on technical quality and individual student needs;

(C) score assessment and evaluation instruments accurately;

(D) create and maintain assessment reports;

(E) select or modify assessment procedures to ensure nonbiased results;

(F) use a variety of observation techniques;

(G) assess and interpret information using formal/informal instruments and procedures in the areas of cognitive/adaptive behavior and academic skills;

(H) determine the need for further assessment in the areas of language skills, physical skills, social/emotional behavior, and assistive technology;

(I) determine a student's needs in various curricular areas, and make intervention, instructional, and transition planning recommendations based on assessment and evaluation results;

(J) make recommendations based on assessment and evaluation results;

(K) prepare assessment reports; and

(L) use performance data and information from teachers, other professionals, individuals with disabilities, and parents/guardians to make or suggest appropriate modifications and/or accommodations within learning environments.

(h) Standard VII. The educational diagnostician understands and applies knowledge of ethnic, linguistic, cultural, and socioeconomic diversity and the significance of student diversity for evaluation, planning, and instruction.

(1) The beginning educational diagnostician knows and understands:

(A) issues related to definition and identification procedures for individuals with disabilities, including individuals from culturally and/or linguistically diverse backgrounds;

(B) characteristics and effects of the cultural and environmental backgrounds of students and their families, including cultural and linguistic diversity, socioeconomic diversity, abuse/neglect, and substance abuse;

(C) issues related to the representation in special education of populations that are culturally and linguistically diverse;

(D) ways in which diversity may affect evaluation; and

(E) strategies that are responsive to the diverse backgrounds and particular disabilities of individuals in relation to evaluation, programming, and placement.

(2) The beginning educational diagnostician is able to:

(A) apply knowledge of cultural and linguistic factors to make appropriate evaluation decisions and instructional recommendations for individuals with disabilities; and

(B) recognize how student diversity and particular disabilities may affect evaluation, programming, and placement, and use procedures that ensure nonbiased results.

(i) Standard VIII. The educational diagnostician knows and demonstrates skills necessary for scheduling, time management, and organization.

(1) The beginning educational diagnostician knows and understands:

(A) time management strategies and systems appropriate for various educational situations and environments;

(B) legal and regulatory timelines, schedules, deadlines, and reporting requirements; and

(C) methods for organizing, maintaining, accessing, and storing records and information.

(2) The beginning educational diagnostician is able to:

(A) select, adapt, or design forms to facilitate planning, scheduling, and time management;

(B) maintain eligibility folders; and

(C) use technology appropriately to organize information and schedules.

(j) Standard IX. The educational diagnostician addresses students' behavioral and social interaction skills through appropriate assessment, evaluation, planning, and instructional strategies.

(1) The beginning educational diagnostician knows and understands:

(A) requirements and procedures for functional behavioral assessment, manifestation determination review, and behavioral intervention plans;

(B) applicable laws, rules and regulations, and procedural safeguards regarding the planning and implementation of behavioral intervention plans for individuals with disabilities;

(C) ethical considerations inherent in behavior interventions;

(D) teacher attitudes and behaviors that influence the behavior of individuals with disabilities;

(E) social skills needed for school, home, community, and work environments;

(F) strategies for crisis prevention, intervention, and management;

(G) strategies for preparing individuals to live productively in a multiclass, multiethnic, multicultural, and multinational world; and

(H) key concepts in behavior intervention (e.g., least intrusive accommodations/ modifications within the learning environment, reasonable expectations for social behavior, social skills curricula, cognitive behavioral strategies).

(2) The beginning educational diagnostician is able to:

(A) conduct functional behavioral assessments;

(B) assist in the development of behavioral intervention plans; and

(C) participate in manifestation determination review.

(k) Standard X. The educational diagnostician knows and understands appropriate curricula and instructional strategies for individuals with disabilities.

(1) The beginning educational diagnostician knows and understands:

(A) instructional strategies, technology tools and applications, and curriculum materials for students with disabilities within the continuum of services;

(B) varied learning styles of individuals with disabilities;

(C) curricula for the development of motor, cognitive, academic, social, language, affective, career, and functional skills for individuals with disabilities;

(D) techniques for modifying instructional methods and materials for individuals with disabilities;

(E) functional skills instruction relevant to transitioning across environments (e.g., preschool to elementary school, school to work);

(F) supports needed for integration into various program placements; and

(G) individualized assessment strategies for instruction (e.g., authentic assessment, contextual assessment, curriculum-based assessment).

(2) The beginning educational diagnostician is able to:

(A) interpret and use assessment and evaluation data for instructional planning; and

(B) use assessment and evaluation, planning, and management procedures that are appropriate in relation to student needs and the instructional environment.

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

Filed with the Office of the Secretary of State on April 8, 2002.

TRD-200202155

William Franz

Executive Director

State Board for Educator Certification

Effective date: April 28, 2002

Proposal publication date: March 8, 2002

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


Chapter 242. SUPERINTENDENT CERTIFICATE

19 TAC §242.5, §242.20

The State Board for Educator Certification adopts amendments to §242.5 and §242.20, relating to the superintendent certificate, without changes to the proposed text as published in the March 8, 2002, issue of the Texas Register (27 TexReg 1639) and will not be republished.

REASONED JUSTIFICATION FOR RULES AS ADOPTED:

The following is a summary of the factual basis for the rules as adopted that demonstrates a rational connection between the factual basis for the rules and the rules as adopted:

The amendments are designed to eliminate unnecessary barriers to candidates seeking the superintendent certificate and to remove unduly prescriptive language in the rule regarding admission to a superintendent preparation program. The major provisions of the amendments would accomplish the following:

Remove unnecessarily prescriptive language concerning grade point averages and nationally-normed assessments and allow preparation entities the full authority to set admission criteria for candidates seeking the standard superintendent certificate. These amendments will make this chapter consistent with the guidance contained in Chapters 227 and 228 of SBEC's rules generally governing educator preparation programs.

Delete the reference to the conditional principal certificate, which was never implemented.

Allow holders of a principal's certificate from another state to be admitted to a superintendent's preparation program without first obtaining a Texas principal's certificate if the candidate passed an out-of-state principal certification exam that is comparable to the Texas exam for principal certification (the Examination for the Certification of Educators in Texas or "ExCET test").

Because no party submissions or proposals were received, an explanation of the Board's reasons for disagreement is not required.

No comments were received regarding adoption of the rules.

The amendments are adopted under the following sections of the Education Code: §21.041(a), which requires SBEC to propose rules for the general administration of Chapter 21, Subchapter B, Education Code; §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 specify the requirements for the issuance and renewal of an educator certificate; and §21.044, which requires SBEC to propose rules establishing the training requirements a person must accomplish to obtain a certificate and to specify the minimum academic qualifications required for a certificate.

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

Filed with the Office of the Secretary of State on April 8, 2002.

TRD-200202156

William Franz

Executive Director

State Board for Educator Certification

Effective date: April 28, 2002

Proposal publication date: March 8, 2002

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