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

The State Board for Educator Certification adopts amendments to §§230.191 - 230.193, and 230.199, relating to certification requirements for classroom teachers, without changes to the proposed text as published in the April 5, 2002, issue of the Texas Register (27 TexReg 2677) and will not be republished.

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:

These adopted rules allow SBEC to issue new certificates based on updated and improved standards and examinations. Under the adopted rules, SBEC will cease issuing certain classroom teaching certificates and endorsements on September 1, 2003, as provided by the amendments. These superseded certificates will remain valid, and SBEC will not require educators who hold one of these credentials to obtain the corresponding new certificate. The adopted rules for the new certificates describe what broad curriculum areas or courses identified in the Texas Essential Knowledge and Skills (TEKS) the holder of each new certificate has been prepared to teach. The amendments and new rules would also allow for a one-year overlap of the superseded certificates and the new standards-based certificates. The major provisions of the amendments would accomplish the following:

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 Texas Admin. Code Chapter 233 (adopted elsewhere in this same issue) will contain provisions for the new certificates. The adopted amendments to this §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 adopted 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 adopted amendment to §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 adopted new 19 Tex. Admin. Code Chapter 233, related to new standard classroom teaching certificates (adopted elsewhere in this same issue). Adopted new Clause (v) to this §230.191(c)(2)(A) would implement the discontinuance of the old elementary certificates.

Section 230.192(c): This §230.192 presently contains the specific preparation requirements for the options for elementary classroom teaching certificates listed in §230.191(c)(2)(A) above. Subsection (b) of §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, adopted new Subsection (c) of §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 §230.192. New 19 Texas Admin. Code Chapter 233, related to new standard classroom teaching certificates (adopted elsewhere in this same issue), contains the replacements for the certificates to be discontinued.

Section 230.193(c): This §230.193 now details the preparation options for secondary classroom teaching certificates. Subsection (b) of §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, adopted new Subsection (c) to §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 §230.193. New 19 Texas Admin. Code Chapter 233, related to new standard classroom teaching certificates (adopted 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, §230.199 prescribes the program requirements for endorsements in various delivery systems. With the proposal of new 19 Texas Admin. Code Chapter 233, related to new standard classroom teaching certificates (adopted 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 §230.199 to provide for the discontinuance of the following endorsements as of September 1, 2003:

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

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

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

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

No comments were received in regarding adoption of the proposed rules.

The amendments are adopted 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.

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 May 20, 2002.

TRD-200203083

William Franz

Executive Director

State Board for Educator Certification

Effective date: June 9, 2002

Proposal publication date: April 5, 2002

For further information, please call: (512) 469-3002


Subchapter M. CERTIFICATION OF EDUCATORS IN GENERAL

19 TAC §230.413

The State Board for Educator Certification adopts amendments to §230.413, relating to certification of educators in general, without changes to the proposed text as published in the April 5, 2002, issue of the Texas Register (27 TexReg 2683) and will not be republished.

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 adopted rules allow SBEC to issue new certificates based on updated and improved standards and examinations. Under the adopted rules, SBEC will cease issuing certain classroom teaching certificates and endorsements on September 1, 2003, as provided by the amendments. These superseded certificates will remain valid, and SBEC will not require educators who hold one of these credentials to obtain the corresponding new certificate. The adopted rules for the new certificates describe what broad curriculum areas or courses identified in the Texas Essential Knowledge and Skills (TEKS) the holder of each new certificate has been prepared to teach. The amendments and new rules would also allow for a one-year overlap of the superseded certificates and the new standards-based certificates. The major provisions of the amendments would accomplish the following:

Section 230.413(b)(7)(A) and (D): Subparagraph (A) of this §230.413(b)(7) is amended to conform with new 19 Texas Admin. Code Chapter 233 (adopted 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 §230.413(b)(7) is amended to conform with current nomenclature for certificates issued by SBEC.

Section 230.413(c)(2) and (3): Subsection (c) of this §230.413 is amended 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 §230.5 of this title. Paragraph (2) of this subsection is amended to conform with current nomenclature for certificates issued by SBEC. New Paragraph (3) of this same subsection is adopted to implement the superseding of this subsection on September 1, 2003, by the provisions of new 19 Texas Admin. Code Chapter 233, related to new standard classroom teaching certificates (adopted elsewhere in this same issue).

Section 230.413(d)(1)-(3): Amendments are adopted for Subsection (d) as well as Paragraphs (1) and (2) of Subsection (d) of this §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 adopted to implement the superseding of this subsection on September 1, 2003, by the provisions of new 19 Texas Admin. Code Chapter 233, related to new standard classroom teaching certificates (adopted elsewhere in this same issue).

No comments were received regarding adoption of the rule.

The amendment is adopted 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.

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 May 20, 2002.

TRD-200203084

William Franz

Executive Director

State Board for Educator Certification

Effective date: June 9, 2002

Proposal publication date: April 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

The State Board for Educator Certification (SBEC or Board) adopts amendments to §230.461 and §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, without changes to the proposed text as published in the April 5, 2002, issue of the Texas Register (27 TexReg 2685) and will not be republished.

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 Board adopts the following amendments to §230.461 and §230.462 and new §230.464:

Section 230.461(b): The adopted amendment to Subsection (b) of §230.461 clarifies 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. This amendment is adopted in accordance with §21.050, Education Code, which authorizes SBEC to adopt rules requiring a bachelor's degree for certification. This requirement is the same as that for other candidates who seek certification to teach academic subjects in Texas public schools.

Section 230.461(e) and new §230.464: The adopted amendment to Subsection (e) of §230.461 and new §230.464 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 21.041(b)(5), Education Code, requires the Board to propose rules providing for the issuance of a Texas certificate to an eligible educator another state or country, subject to §21.052, Education Code. Section 21.052 says specifically that the Board may issue a certificate to an eligible educator from another state or country. Section 21.039(3), Education Code, however, generally provides for the executive director to issue the certificates authorized by the Board. Accordingly, the adopted rules provide a legal and appropriate method of processing Texas certificates for educators from other states or territories for the following reasons:

1. it is not administratively efficient for the Board as a body to review each application from out-of-state educators and to issue each such approved certificate;

2. Section 21.041(b)(1) requires the Board to propose rules that provide for regulation of educators and the general administration of Chapter 21, Subchapter B, Education Code, in a manner consistent with this subchapter;

3. Section 21.039(3), Education Code, generally empowers the executive director to issue all certificates authorized under Chapter 21, Subchapter B, Education Code;

4. Section 21.040(6), Education Code, requires the Board to develop and implement policies that clearly define the respective responsibilities of the Board and the Board's staff; and

5. Section 21.039(1), Education Code, requires the executive director to perform duties assigned by the Board or specified by law.

Section 230.462(a), (c), and (h): The adopted amendments to Subsections (a), (c), and (h) of §230.462 implements the 77th Legislature's amendment of §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. Amended Subsection (h) ratifies 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 on February 6, 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. These "two-year" certificates will expire after September 1, 2002, the date many current certificates and ExCET tests are slated for replacement.

Section 230.462(i): The adopted amendment to Subsection (i) of §230.462 allows 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. This amendment conforms the out-of-state educator rules to similar Board policies for other types of candidates permitting a limited one-year overlap of current tests and certificates during the initial academic year of the new certificate structure, 2002-2003.

No comments were received regarding adoption of the rules.

The amendments and new rule are adopted 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.

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 May 20, 2002.

TRD-200203085

William Franz

Executive Director

State Board for Educator Certification

Effective date: June 9, 2002

Proposal publication date: April 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

The State Board for Educator Certification (SBEC or Board) adopts amendments to §230.483, relating to requirements for standard certificates and specialized assignments, without changes to the proposed text as published in the April 5, 2002, issue of the Texas Register (27 TexReg 2687) and will not be republished.

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 Board adopts the following amendments and new rule in 19 Texas Admin. Code §230.483:

Section 230.483(a): The proposed amendment to Subsection (a) of §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 §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 health science technology and trade and industrial education certificates with their corresponding set of standards were developed, reviewed, and approved by a committee composed of Texas educators, administrators, educator preparation faculty, and content experts that represented the state geographically and ethnically. The Board approved the creation and membership of the development committees at its regular meetings in August 2000 and November 2000 (the committee rosters are available in those agendas). Drafts of the standards for the health science technology and trade and industrial education certificates were subsequently made available on the SBEC web site for public comment. Review and comments were also solicited from national experts. The standards were then revised as necessary to incorporate feedback from the public as well as the national experts.

The educator standards for these new health science technology and trade and industrial education certificates will be incorporated into educator preparation programs and will help assure that educator candidates will improve student performance by having been trained in the Texas Essential Knowledge and Skills (TEKS), which is required of all public school students, and by having gained subject matter knowledge and teaching skills in excess of the TEKS.

No comments were received regarding adoption of the rule.

The amendment is adopted 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.

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 May 20, 2002.

TRD-200203086

William Franz

Executive Director

State Board for Educator Certification

Effective date: June 9, 2002

Proposal publication date: April 5, 2002

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


Chapter 233. CATEGORIES OF CLASSROOM TEACHING CERTIFICATES

19 TAC §§233.1 - 233.6

The State Board for Educator Certification adopts new Chapter 233, §§233.1 - 233.6, relating to categories of classroom teaching certificates, without changes to the proposed text as published in the April 5, 2002, issue of the Texas Register (27 TexReg 2691) and will not be republished.

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:

These adopted rules allow SBEC to issue new certificates based on updated and improved standards and examinations. Under the adopted rules, SBEC will cease issuing certain classroom teaching certificates and endorsements on September 1, 2003, as provided by the amendments. These superseded certificates will remain valid, and SBEC will not require educators who hold one of these credentials to obtain the corresponding new certificate. The adopted rules for the new certificates describe what broad curriculum areas or courses identified in the Texas Essential Knowledge and Skills (TEKS) the holder of each new certificate has been prepared to teach. The amendments and new rules would also allow for a one-year overlap of the superseded certificates and the new standards-based certificates. The major provisions of the amendments would accomplish the following:

Section 233.1: New §233.1 adds another method of organizing the kinds of educator certificates SBEC issues. "Category" is 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" includes 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 new Chapter 233 (§§233.2-233.6) present the latest 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: New §233.2 establishes the following new classroom teachers' certificates: Generalist (early childhood - grade 4) (regular programs); and Generalist (grades 4-8) (regular programs).

Section 233.3: New §233.3 establishes the following new classroom teachers' certificates: English Language Arts and Reading (grades 4 - 8); Social Studies (grades 4 - 8); English Language Arts and Reading/ Social Studies (grades 4 - 8); English Language Arts and Reading (grades 8 - 12); Social Studies (grades 8 - 12); and History (grades 8 - 12).

Section 233.4: New §233.4 establishes the following new classroom teachers' certificates: Mathematics (grades 4 - 8); Science (grades 4 - 8); Mathematics/Science (grades 4 - 8); Mathematics (grades 8 - 12); Science (grades 8 - 12); Life Science (grades 8 - 12); and Physical Science (grades 8 - 12).

Section 233.5: New §233.5 establishes the following new classroom teachers' certificates: Technology Applications (grades 8 - 12); Technology Applications (early childhood - grade 12); and Computer Science (grades 8 - 12).

Section 233.6: New §233.6 establishes the following new classroom teachers' certificates: Bilingual Generalist (early childhood - grade 4); Bilingual Generalist (grades 4 - 8); Bilingual Education Supplemental (early childhood - grade 4); and Bilingual Education Supplemental (grades 4 - 8).

Section 21.031(b), Education Code, requires the Board to ensure that candidates for certification demonstrate the knowledge and skills necessary to improve the performance of all Texas students. The means for ensuring appropriate knowledge and skills of prospective educators is to:

1. develop standards for beginning educators that are based on the TEKS and that delineate what the beginning teacher should know and be able to do;

2. create a configuration of educator certificates that ensure teacher knowledge of the pivotal points in the developmental stages of children and in the continuum of curriculum as outlined in the TEKS; and

3. develop new certification examinations to reflect appropriate content and pedagogy.

The recommendations of the Advisory Committee on Educator Certificates, presented to the Board at its August 7, 1998, meeting, outlined a proposal for a certificate structure that grouped certificates according to EC-Grade 3, Grades 2-6, Grades 5-9, and Grades 7-12.

The Board discussed this proposal at its March 1999 meeting, and the Executive Director asked that a decision on certificates be deferred so that additional information could be gathered during the standards development process. The Board directed staff to develop standards based on a tentative configuration of EC-Grade 3, Grades 4-8, and Grades 8-12.

During the meetings that were held to develop standards for reading/English language arts, mathematics, science, social studies, and professional development, Grade 4 emerged as a pivotal grade in terms of a shift in the development of the child, pedagogy, and TEKS content and focus.

An effective teacher of young children should be well grounded in the interrelated components of developmental reading as well as in the synthesis of these early skills into reading for comprehension. As shown in the following highlights from the TEKS, Grade 4 is a pivotal year in this transition and serves both as a culminating point in which early developmental reading skills come together and as a starting point for the use of analytical skills that a sophisticated reader must possess. Essential knowledge and skills in reading for grades 3 through 5 are presented below:

Grade 3 - read grade-level material fluently and with comprehension; begin to distinguish fact from opinion in texts; read in a variety of genres.

Grade 4 - read with a growing interest in a wide variety of topics and adjust reading approach to various forms of texts; read for meaning; paraphrase texts; connect, compare, and contrast ideas; identify and follow varied text structures, such as chronologies and cause and effect.

Grade 5 - read from classic and contemporary selections and informational texts; judge the internal consistency or logic of stories and texts; recognize the way an author organizes information; engage in more sophisticated analysis of characters, plots, and settings.

Grade 4 serves as a pivotal point in mathematics as well, in that students are making transitions from learning simple mathematical principles represented through concrete models to learning complex mathematical principles represented abstractly. Essential knowledge and skills in mathematics for grades 3 through 5 are set out below:

Grade 3 - construct concrete models of fractions; compare fractional parts of a whole or sets of objects in a problem situation using concrete models; construct concrete models of equivalent fractions for fractional parts of whole objects.

Grade 4 - generate equivalent fractions using concrete and pictorial models; compare and order fractions using concrete and pictorial models; relate decimals to fractions using models.

Grade 5 - generate equivalent fractions; compare two fractional quantities in problem-solving situations using a variety of methods, including common denominators; use models to relate decimals to fractions.

The adopted rules configure elementary and middle school certificates in two ways. Generalist certificates for both EC-Grade 4 and Grades 4-8 will allow for the assignment of teachers in self-contained settings. Grades 4-8 combinations of English language arts with social studies and mathematics with science will address the essential need for middle school teachers in departmentalized settings to have more specialized knowledge.

Teachers holding EC-Grade 4 and Grades 4-8 certificates will have demonstrated the content knowledge and pedagogical skills above and beyond the TEKS to teach students as indicated by the particular certificate awarded. Assignment to these levels is expected and should be reflected in assignment criteria to be delineated in future Board rules. When school district administrators are unable to meet the assignment criteria due to staffing and hiring conditions within the district, the Board should include in future rules provisions for employing and supporting these teachers while they achieve certification in the areas in which they are assigned. A support structure, including a fully trained mentor, should be required for these individuals to ensure that student learning is not jeopardized as a result of assigning teachers outside their area of certification.

As to the middle and secondary school certificates created by new Chapter 233, the Board believes the levels and composition of certificates to teach grades 8-12 reflects the normal middle and secondary school grade structure, the developmental stages of children, and the logical combinations of content across the Texas Essential Knowledge and Skills (TEKS) for teaching early childhood through grade 12. Offering composite certificates rather than just multiple single-field certificates (that is, offering a "science" certificate rather than just separate physics, chemistry, and biology certificates) achieves the following:

1. gives school districts greater flexibility in assigning teachers to fulfill needs and therefore provides more efficient use of teacher resources; and

2. ensures teachers will have greater breadth and depth of knowledge across and within content areas as well as providing them more marketable certification.

Certification by examination will continue to be available to all previously certified individuals - additional certificates can be obtained by passing the appropriate certification exam. Certified teachers assigned outside their certificate area can at any time attempt the exam(s) for that area without completing any additional coursework or training.

No comments were received regarding adoption of the rules.

The new rules are adopted under the following sections of the Education Code: §21.031(b), which requires the Board to ensure that candidates for certification demonstrate the knowledge and skills necessary to improve the performance of all Texas students; §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.

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 May 20, 2002.

TRD-200203087

William Franz

Executive Director

State Board for Educator Certification

Effective date: June 9, 2002

Proposal publication date: April 5, 2002

For further information, please call: (512) 469-3002


Chapter 239. STUDENT SERVICES CERTIFICATES

Subchapter A. SCHOOL COUNSELOR CERTIFICATE

19 TAC §239.30

The State Board for Educator Certification (SBEC or Board) adopts amendments to §239.30, relating to school counselor certification, without changes to the proposed text as published in the April 5, 2002, issue of the Texas Register (27 TexReg 2693) and will not be republished.

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 to 19 Texas Admin. Code §239.30 make the rules regarding the transition to the new school counselor certificate consistent with other policies regarding the transition to new certificates being implemented on September 1, 2002. Specifically, these amendments postpone the discontinuance of issuing the current counselor, special education counselor, and vocational counselor certificates from September 1, 2002, until September 1, 2003. Allowing this "overlap" year will remove an unnecessary barrier to certification for school counselor candidates who have partially met the requirements for certification and among those seeking additional certification by examination.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

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 May 20, 2002.

TRD-200203088

William Franz

Executive Director

State Board for Educator Certification

Effective date: June 9, 2002

Proposal publication date: April 5, 2002

For further information, please call: (512) 469-3002


Subchapter B. SCHOOL LIBRARIAN CERTIFICATE

19 TAC §239.70

The State Board for Educator Certification (SBEC or Board) adopts amendments to §239.70, relating to school counselor certification, without changes to the proposed text as published in the April 5, 2002, issue of the Texas Register (27 TexReg 2694) and will not be republished.

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 to 19 Texas Admin. Code §239.70 make the rules regarding the transition to the new school librarian certificate consistent with other policies regarding the transition to new certificates being implemented on September 1, 2002. Specifically, these amendments postpone the discontinuance of issuing the current learning resources specialist certificate and endorsement from September 1, 2002, until September 1, 2003. Allowing this "overlap" year will remove an unnecessary barrier to certification for school librarian candidates who have partially met the requirements for certification and among those seeking additional certification by examination.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

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 May 20, 2002.

TRD-200203089

William Franz

Executive Director

State Board for Educator Certification

Effective date: June 9, 2002

Proposal publication date: April 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

The State Board for Educator Certification (SBEC or Board) adopts amendments to §§245.1, 245.5, and 245.10, relating to certification of educators from other countries, without changes to the proposed text as published in the April 5, 2002, issue of the Texas Register (27 TexReg 2695) and will not be republished.

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 Board adopts the following amendments to 19 Texas Admin. Code §§245.1, 245.5, and 245.10:

Section 245.1(a), (b), and (e): The adopted amendment to Subsection (a) of §245.1 recognizes the issuance of one-year certificates to educators from other countries not just standard certificates. The adopted deletion of the reference to §230.5 of this title, relating to educator assessment, implements the 77th Legislature's amendment of §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 adopted amendment to Subsection (b) of §245.1 clarifies 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 adopted amendment to Subsection (e) of §245.1 clarifies 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 21.041(b)(5), Education Code, requires the Board to propose rules providing for the issuance of a Texas certificate to an eligible educator another state or country, subject to Section 21.052, Education Code. Section 21.052 says specifically that the Board may issue a certificate to an eligible educator from another state or country. Section 21.039(3), Education Code, however, generally provides for the executive director to issue the certificates authorized by the Board. Accordingly, the adopted rules provide a legal and appropriate method of processing Texas certificates for educators from other states or territories for the following reasons:

1. it is not administratively efficient for the Board as a body to review each application from out-of-state educators and to issue each such approved certificate;

2. Section 21.041(b)(1) requires the Board to propose rules that provide for regulation of educators and the general administration of Chapter 21, Subchapter B, Education Code, in a manner consistent with this subchapter;

3. Section 21.039(3), Education Code, generally empowers the executive director to issue all certificates authorized under Chapter 21, Subchapter B, Education Code;

4. Section 21.040(6), Education Code, requires the Board to develop and implement policies that clearly define the respective responsibilities of the Board and the Board's staff; and

5. Section 21.039(1), Education Code, requires the executive director to perform duties assigned by the Board or specified by law.

Section 245.5(a), (e), and (f): The adopted amendment to Subsection (a) of §245.5 implements 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 are renumbered accordingly.

Adopted new Subsection (e) of §245.5 ratifies 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 are exempted from further testing under the results of SBEC's first phase of reviewing other jurisdictions' certification exams.

Adopted new Subsection (f) of §245.5 allows 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): Adopted new Subsection (e) of §245.10 clarifies and iterates the executive director's authority, within statutory limits, to establish requirements for the submission of applications by foreign educators seeking Texas certification.

No comments were received regarding adoption of the rules.

The amendments are adopted 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.

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 May 20, 2002.

TRD-200203090

William Franz

Executive Director

State Board for Educator Certification

Effective date: June 9, 2002

Proposal publication date: April 5, 2002

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