TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 66. STATE ADOPTION AND DISTRIBUTION OF INSTRUCTIONAL MATERIALS

Subchapter B. STATE ADOPTION OF INSTRUCTIONAL MATERIALS

19 TAC §66.28

The State Board of Education (SBOE) proposes an amendment to §66.28, concerning the identification of the essential knowledge and skills that will be used in evaluating textbooks. The section specifies the essential knowledge and skills used to evaluate instructional materials submitted under proclamations of the SBOE advertising for bids on instructional materials. Texas Education Code (TEC), Chapter 28, requires that the SBOE, by rule, identify the Texas essential knowledge and skills (TEKS) that will be used in evaluating textbooks. The proposed amendment to §66.28 would adopt by reference the specifications for the TEKS used to evaluate instructional materials submitted under the call of Proclamation 2002.

In 1997, the SBOE adopted TEKS for the foundation and enrichment curriculum. The adopted TEKS do not, however, specify which of the TEKS are to be used in the individual subject areas for which instructional materials will be adopted. In January 1998, the SBOE adopted 19 TAC §66.28 to implement the TEC requirement that the SBOE, by rule, identify the TEKS that will be used in evaluating textbooks. The initial reference was related to the TEKS used to evaluate materials adopted in response to materials submitted for consideration under Proclamation 1997. The rule has been updated annually to adopt by reference subsequent proclamations and to delete outdated proclamations.

Proclamation 2002, approved by the SBOE at the May 2002 meeting, calls for instructional materials in a variety of subjects in fine arts, Grades 1-12; languages other than English, Grades 1-12; American Sign Language; physical education, Grades 1-12; and health education, Grades 1-12. The proposed amendment to 19 TAC §66.28 would define, by rule, the TEKS to be used to evaluate textbooks in these subjects as the TEKS contained in Proclamation 2002. The proposed amendment adds language that adopts by reference the content requirements in Proclamation 2002 and deletes language related to Proclamation 2000.

Ann Smisko, associate commissioner for curriculum, assessment, and technology, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.

Dr. Smisko has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the section will be to comply with TEC, Chapter 28, and to ensure that students throughout the state have access to quality instructional materials. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment.

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

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

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

§66.28.Adoption by Reference.

[ (a) The sections titled "Content Requirements" in the 2000 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials are adopted by this reference as the State Board of Education's official rule governing essential knowledge and skills that shall be used to evaluate instructional materials submitted for consideration under Proclamation 2000. A copy of the 2000 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.]

(a) [ (b) ] The sections titled "Content Requirements" in the 2001 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials are adopted by this reference as the State Board of Education's official rule governing essential knowledge and skills that shall be used to evaluate instructional materials submitted for consideration under Proclamation 2001. A copy of the 2001 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

(b) The sections titled "Content Requirements" in the 2002 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials are adopted by this reference as the State Board of Education's official rule governing essential knowledge and skills that shall be used to evaluate instructional materials submitted for consideration under Proclamation 2002. A copy of the 2002 Proclamation of the State Board of Education Advertising for Bids on Instructional Materials is available for examination during regular office hours, 8:00 a.m. to 5:00 p.m., except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 17, 2003.

TRD-200302516

Cristina De La Fuente-Valadez

Manager, Policy Planning

Texas Education Agency

Earliest possible date of adoption: June 1, 2003

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


Part 7. STATE BOARD FOR EDUCATOR CERTIFICATION

Chapter 230. PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION

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

19 TAC §230.483

The State Board for Educator Certification (SBEC) proposes amendments to §230.483, relating to specific requirements for standard career and technology certificates based on experience and preparation in skill areas. The proposed amendments to §230.483 would provide a transition period for candidates completing requirements for the current Health Science Technology and Trades and Industry (Pre-Employment Laboratory and Cooperative Training) certificates, which will be discontinued and replaced by the new Health Science Technology Education and the Trade and Industrial Education certificates.

SBEC's policy has been to provide a transition period to allow candidates seeking certificates being replaced to complete all requirements for the respective certificates. This policy ensures that candidates are not penalized as the state implements the new teacher certificate structure.

A candidate for the current Health Science Technology certificate or the Trades and Industry certificate must complete a two year internship while on an emergency permit as part of the certification requirements. The transition periods for these certificates will allow these candidates to complete all requirements. Without the transition periods, these candidates would not have enough time to complete all requirements and would be forced to start over again in meeting requirements for the new certificates, which will become available during the 2003-2004 school year.

The proposed amendments to §230.483 are based on recommendations made by the Trade and Industrial Education Advisory Committee. SBEC received no objections to its proposed transition period.

Steve Wright, Chief Financial Officer, State Board for Educator Certification, has determined that, for the first five-year period the rules are in effect, enforcing or administering the proposed amendments would not have foreseeable implications relating to cost or revenues of state or local governments.

Dan Junell, General Counsel, State Board for Educator Certification, has determined that, for each year of the first five years the rules are in effect, the public benefits allowing candidates to complete requirements for the current certificates and avoid delaying their full certification, thereby avoiding interruption of their services to public schools or possibly losing them as teachers because they would not want to start over to meet requirements for the new certificates.

In accordance with Section 2001.022, Government Code, SBEC has determined that the adopted rule will not impact local economies and, therefore, the agency has not filed a request for a local employment impact statement with the Texas Workforce Commission.

Implementation of the proposed rules will not affect small or micro businesses.

If adopted, the proposed rule would be a governmental action regulating issuance of an educator certificate, a statutory privilege, issued by SBEC under Chapter 21, Subchapter B, Education Code, and therefore would not affect private real property under the Private Real Property Preservation Act (Chapter 2007, Government Code).

Comments regarding the proposed amendments may be submitted to Dan Junell, General Counsel, State Board for Educator Certification, 4616 West Howard Lane, Suite 120, Austin, Texas 78728, by facsimile transmission at (512) 238-3201, or by e-mail at "dan.junell@sbec.state.tx.us."

The rule is proposed under the statutory authority of the following sections of the Education Code: §21.031(a), which vests SBEC with the authority to regulate and oversee all aspects of the certification, continuing education, and standards of conduct of public school educators; §21.041(b)(1), Education Code, which requires SBEC to propose rules that provide for the regulation of educators and the general administration of Chapter 21, Subchapter B, in a manner consistent with that subchapter; §21.041(b)(2), which requires SBEC to specify the classes of certificates to be issued; §21.041(b)(3), which requires SBEC to specify the period for which each class of educator certificate is valid; §21.041(b)(4), which requires SBEC to specify the requirements for the issuance and renewal of an educator certificate; and §21.042, which requires SBEC to submit proposed rules to the State Board of Education for review prior to adoption.

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

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

(a) Standard health science technology certificate.

(1)-(5) (No change.)

(6) Paragraphs (4) and (5) of this subsection become effective September 1, 2002 and supersede [ replace ] paragraphs (2) and (3) of this subsection effective September 1, 2006 [ 2003 ]. During the transition period from September 1, 2002, through August 31, 2006, the preparation program shall determine whether the candidate will be recommended to SBEC for a certificate that complies with either paragraphs (2) and (3) of this subsection or paragraphs (4) and (5) of this subsection.

(b)-(e) (No change.)

(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)-(2) (No change.)

(3) This subsection becomes effective September 1, 2002, and supersedes [ replaces ] subsection (e) of this section effective September 1, 2005 [ 2003 ]. During the transition period from September 1, 2002, through August 31, 2005, the preparation program shall determine whether the candidate will be recommended to SBEC for a certificate that complies with either this subsection or subsection (e) of this section.

(g) (No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 17, 2003.

TRD-200302510

William Franz

Executive Director

State Board for Educator Certification

Earliest possible date of adoption: June 1, 2003

For further information, please call: (512) 238-3280