Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION
Chapter 230.
PROFESSIONAL EDUCATOR PREPARATION AND CERTIFICATION
Subchapter J. CERTIFICATION REQUIREMENTS FOR EDUCATORS OTHER THAN CLASSROOM TEACHERS AND EDUCATIONAL AIDES
19 TAC §230.305
The State Board for Educator Certification proposes amendments
to the following section of 19 TAC Chapter 230, Subchapter J: §230.305,
relating to the creation of probationary certificates which are valid up to
three years for assistant principals, principals and superintendents, including
mentoring support and internships, to replace the five-year temporary certificates
for these assignments.
The proposed amendments to §230.305 allow individuals to obtain a
probationary certificate for up to a three-year period while completing the
requirements for the certificate being sought. This would reduce the number
of years allowed to complete the certificate requirements from five to a maximum
of three and provide mentor support for the internship.
The proposed amendments to §230.305 also establish a deadline of May
31, 2005 to apply for a Temporary Assistant Principal, Temporary Principal
and Temporary Superintendent Certificate under Chapter 230, Subchapter J.
This would allow time for educator preparation programs to restructure their
certificate programs, if necessary. Additionally, these amendments would provide
that Temporary Assistant Principal, Temporary Principal or Temporary Superintendent
Certificates issued on or before the May 31, 2005 deadline will be valid for
five years, allowing time for candidates to complete the requirements of the
certificate being sought.
Steve Wright, Chief Financial Officer, State Board for Educator Certification,
has determined for the first five-year period the rules are in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the rules.
Lisa Patterson, Legal Services, State Board for Educator Certification,
has determined that for each year of the first five years the rules are in
effect, the public benefit anticipated as a result of enforcing the rules
will be efficient and updated rules governing the assignment of public school
educators. The purpose of the rules is to create probationary certificates
which are valid up to three years for assistant principals, principals and
superintendents, including mentoring support and internships, to replace the
five-year temporary certificates for these assignments.
In accordance with Section 2001.022, Government Code, SBEC has determined
that the adopted rule will not impact local economies and, therefore, has
not filed a request for a local employment impact statement with the Texas
Workforce Commission.
There will be no affect to small or micro businesses.
If adopted, the proposed rule would be a governmental action providing
for the certification of a public school educator and regulating a school
district's assignment of a holder of an educator certificate, which is a state-granted
privilege, in accordance with Chapter 21, Subchapter B, Education Code, and
therefore would not affect private real property under the Private Real Property
Preservation Act in Government Code, Chapter 2007.
Comments regarding the proposed amendments may be submitted to Lisa Patterson,
Legal Services, State Board for Educator Certification, Capitol Station, P.O.
Box 12728, Austin, Texas 78711-2728, or by e-mail at "lisa.patterson@sbec.state.tx.us."
The proposed amendments to §230.305 are proposed under the
statutory authority of the following Education Code sections: Section 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; and Section 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; and Section 21.041(b)(2), which requires SBEC to specify
the classes of certificates to be issued.
No other statutes, articles, or codes are affected by the proposed amendments.
§230.305.Temporary Certificate.
(a) - (c)
(No change.)
(d)
Effective May 31, 2005, no certificates
will be issued pursuant to §230.305. However, any certificate issued
pursuant to §230.305 on or before May 31, 2005 will remain effective
until its stated expiration date.
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 June 23, 2004.
TRD-200404171
Ron Kettler, Ph.D.
Interim Executive Director
State Board for Educator Certification
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 936-8239
19 TAC §230.436
The State Board for Educator Certification proposes amendments
to the following section of 19 TAC Chapter 230, Subchapter N: §230.436,
relating to the schedule of fees for certification services provided by the
State Board for Educator Certification.
The proposed amendments to §230.436 allow establish fees for renewal
of the standard and educational aide certificates, reactivation of an inactive
certificate, late renewal, and reinstatement following restitution for default
on student loan or nonpayment of child support. The Board will also be able
to offer "e-pay" options for those services.
Steve Wright, Chief Financial Officer, State Board for Educator Certification,
has determined for the first five-year period the rules are in effect, there
will be no net fiscal implications for state as a result of enforcing or administering
the rules, because fees were set to be cost recovery only. No significant
costs are anticipated to local government as a result of enforcing or administering
the rules.
Lisa Patterson, Legal Services, State Board for Educator Certification,
has determined that for each year of the first five years the rules are in
effect, the public benefits by requiring applicants for certification to pay
for certification services rendered by SBEC and by providing those individuals
possessing a standard five year certificate notice of the fees required for
renewal of those certificates.
In accordance with Section 2001.022, Government Code, SBEC has determined
that the adopted rule will not impact local economies and, therefore, has
not filed a request for a local employment impact statement with the Texas
Workforce Commission.
There will be no affect to small or micro businesses.
If adopted, the proposed rule would be a governmental action providing
for the certification of a public school educator and regulating a school
district's assignment of a holder of an educator certificate, which is a state-granted
privilege, in accordance with Chapter 21, Subchapter B, Education Code, and
therefore would not affect private real property under the Private Real Property
Preservation Act in Government Code, Chapter 2007.
Comments regarding the proposed amendments may be submitted to Lisa Patterson,
Legal Services, State Board for Educator Certification, Capitol Station, P.O.
Box 12728, Austin, Texas 78711-2728, or by e-mail at "lisa.patterson@sbec.state.tx.us."
The proposed amendments to §230.436 are proposed under the
statutory authority of the following Education Code sections: Section 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; and Section 21.041(b)(1), Education Code, which requires
SBEC to propose rules that provide for the regulation of educators; Section
21.041(c), which authorizes SBEC to adopt a fee for the issuance and maintenance
of an educator credential that is adequate to cover the cost of administration;
and Section 2001.034 and the general administration of Chapter 21, Subchapter
B, in a manner consistent with that subchapter; and Section 21.041(b)(2),
which requires SBEC to specify the classes of certificates to be issued.
No other statutes, articles, or codes are affected by the proposed amendments.
§230.436.Schedule of Fees for Certification Services.
An applicant for a certificate or a school district requesting a permit
shall pay the applicable fee from the following list.
(1) - (12)
(No change.)
(13)
On-time renewal of Standard Educational
Aide certificate--$10
(14)
Additional fee for late renewal of Standard
Educational Aide certificate--$5
(15)
Reactivation of a inactive Standard
Educational Aide certificate--$15
(16)
Reinstatement following restitution
of child support or student loan repayment for Standard Education Aide Certificate--$20
(17)
One-time renewal of Standard certificate
(to include any paraprofessional certificates if held)--$20
(18)
Additional fee for late renewal of Standard
certificate--$10
(19)
Reactivation of an inactive Standard
certificate--$40
(20)
Reinstatement following restitution
of child support or student loan repayment--$50
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 June 23, 2004.
TRD-200404170
Ron Kettler, Ph.D.
Interim Executive Director
State Board for Educator Certification
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 936-8239
19 TAC §230.438
The State Board for Educator Certification proposes the following
new section of 19 TAC Chapter 230, Subchapter N: §230.438, relating to
the creation of an e-Pay supplemental fee to provide for the cost recovery
of the E-Commerce proposal.
The proposed new rule §230.438 allows the Board to charge a fee to
recover the costs of implementing the SBEC E-Commerce proposal. Benefits to
SBEC customers will be: (1) additional methods of payment will be accepted
including MasterCard, Visa, Discover, and American Express credit cards, as
well as through the automated clearing house (ACH); (2) those choosing to
pay via credit card may find the ability to spread payments over a number
of months to be a benefit; and (3) processing time for credentials dependent
on the receipt of funds should be reduced for those who elect to pay via credit
card or ACH as compared to a longer processing time for those who choose to
pay via traditional check through the U.S. mail.
Steve Wright, Chief Financial Officer, State Board for Educator Certification,
has determined for the first five-year period the rules are in effect, there
will be no net fiscal implications for state as a result of enforcing or administering
the rules, because fees were set to be cost recovery only. Costs to school
districts will increase only to the extent that they pay for certifications
on behalf of educators. Impact to school districts will be $2 per permit or
other license service request per the fee schedule.
Lisa Patterson, Legal Services, State Board for Educator Certification,
has determined that for each year of the first five years the rules are in
effect, the public benefits by expedited processing of the required fees for
certification services, which will in turn result in faster issuance of educators'
certifications.
In accordance with Section 2001.022, Government Code, SBEC has determined
that the adopted rule will not impact local economies and, therefore, has
not filed a request for a local employment impact statement with the Texas
Workforce Commission.
There will be no affect to small or micro businesses.
If adopted, the proposed new rule would be a governmental action providing
for the certification of a public school educator and regulating a school
district's assignment of a holder of an educator certificate, which is a state-granted
privilege, in accordance with Chapter 21, Subchapter B, Education Code, and
therefore would not affect private real property under the Private Real Property
Preservation Act in Government Code, Chapter 2007.
Comments regarding the proposed new rule may be submitted to Lisa Patterson,
Legal Services, State Board for Educator Certification, Capitol Station, P.O.
Box 12728, Austin, Texas 78711-2728, or by e-mail at "lisa.patterson@sbec.state.tx.us."
The proposed new §230.438 is proposed under the statutory
authority of the following Education Code sections: Section 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;
and Section 21.041(b)(1), Education Code, which requires SBEC to propose rules
that provide for the regulation of educators; Section 21.041(c), which authorizes
SBEC to adopt a fee for the issuance and maintenance of an educator credential
that is adequate to cover the cost of administration; and Section 2001.034
and the general administration of Chapter 21, Subchapter B, in a manner consistent
with that subchapter; and Section 21.041(b)(2), which requires SBEC to specify
the classes of certificates to be issued.
No other statutes, articles, or codes are affected by the proposed new
rule.
§230.438.E-Pay Supplemental Fee.
An applicant for a certificate or a school district requesting a permit
shall pay a supplemental fee of $2 in addition to the fees outlined in §230.436
of this title, for the purpose of recovering the costs of the TexasOnline
Initiative, with the exception of the following fees set forth in §230.436
of this title:
(1)
On-time renewal of Standard Educational Aide certificate--$10
(2)
Additional fee for late renewal of Standard Educational
Aide certificate--$5
(3)
Reactivation of an inactive Standard Educational Aide
certificate--$15
(4)
On-time renewal of Standard certificate (to include any
paraprofessional certificates if held)--$20
(5)
Additional fee for late renewal of Standard certificate--$10
(6)
Reinstatement following restitution of child support or
student loan repayment--$50
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 June 23, 2004.
TRD-200404172
Ron Kettler, Ph.D.
Interim Executive Director
State Board for Educator Certification
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 936-8239
19 TAC §230.601
(Editor's Note: In accordance with Government Code, §2002.014,
which permits the omission of material which is "cumbersome, expensive, or
otherwise inexpedient," the figure in 19 TAC §230.601 is not included
in the print version of the Texas Register. The figure is available in the
on-line issue of the July 9, 2004, issue of the Texas Register.)
The State Board for Educator Certification proposes amendments
to § 230.601 of 19 TAC Chapter 230, Subchapter U, relating to eligibility
requirements for the assignment of certified educators to teach Gifted and
Talented courses.
The proposed amendments to 19 TAC Chapter 230, Subchapter U §230.601
will allow certified teachers who are assigned to teach Gifted and Talented
courses prior to the 2005-2006 school year to continue to teach the courses,
provided those teachers stay current through documented annual continuing
education and professional development directly related to Gifted and Talented
education.
The Board approved standards and a new supplemental certificate for Gifted
and Talented in October 2001. At that time, members of the advisory committee
who created the standards for the Gifted and Talented certificate expressed
that the supplemental certificate should be required to teach in a Gifted
and Talented program to ensure that the special needs of Gifted and Talented
students are met.
In April 2004, the Board adopted rules for the Gifted and Talented Supplemental
Certificate, which will replace the current Gifted and Talented Endorsement
on September 1, 2005. Those rules specify that the holders of the supplemental
certificate may teach students in a Gifted and Talented program at the same
grade levels and in the same content area(s) of the holder's base certificate.
However, the rules do not clearly indicate that the supplemental certificate
is required for assignment.
The rules for the new Gifted and Talented Supplemental Certificate were
adopted in April 2004 with the intent that SBEC will not require educators
who hold one of the optional Gifted and Talented Endorsements to obtain the
new Gifted and Talented Supplemental Certificate. 19 TAC, Chapter 230, Subchapter
U, Assignment of Public School Personnel, contains the requirements for assignment
of certified educators who do not hold one of the new TExES-based certificates.
The amendments will allow certain certified educators to retain their eligibility
to be assigned to teach Gifted and Talented courses, provided they adhere
to the requirement for annual continuing education and professional development
in gifted education as specified in State Board of Education rules.
Steve Wright, Chief Financial Officer, State Board for Educator Certification,
has determined for the first five-year period the rules are in effect, there
will be no fiscal implications for state or local government as a result of
enforcing or administering the rules.
Lisa Patterson, Acting 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 benefit anticipated as a result of enforcing the rules
will be efficient and updated rules governing the assignment of public school
educators.
In accordance with Section 2001.022, Government Code, SBEC has determined
that the adopted rule will not impact local economies and, therefore, has
not filed a request for a local employment impact statement with the Texas
Workforce Commission.
There will be no affect to small or micro businesses.
If adopted, the proposed rule would be a governmental action providing
for the certification of a public school educator and regulating a school
district's assignment of a holder of an educator certificate, which is a state-granted
privilege, in accordance with Chapter 21, Subchapter B, Education Code, and
therefore would not affect private real property under the Private Real Property
Preservation Act in Government Code, Chapter 2007.
Comments regarding the proposed amendments may be submitted to Lisa Patterson,
Acting General Counsel, State Board for Educator Certification, Capitol Station,
P.O. Box 12728, Austin, Texas 78711-2728, or by e-mail at "lisa.patterson@sbec.state.tx.us."
The proposed new 19 TAC Chapter 230, Subchapter U is proposed
under the statutory authority of the following Education Code sections: Section
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; and Section 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; and Section 21.041(b)(2), which requires SBEC to specify
the classes of certificates to be issued.
No other statutes, articles, or codes are affected by the proposed amendments.
§230.601.Assignment of Public School Personnel.
(a) - (e)
(No change.)
(f)
A public school employee must have the appropriate credentials
for his or her current assignment specified in the charts in this section
or elsewhere in this title, unless the appropriate permit has been issued
under Subchapter Q of this chapter (relating to Permits).
Figure: 19 TAC §230.601(f) (.pdf)
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 June 22, 2004.
TRD-200404096
Ron Kettler, Ph.D.
Interim Executive Director
State Board for Educator Certification
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 936-8239
Subchapter N. CERTIFICATE ISSUANCE PROCEDURES
Subchapter U. ASSIGNMENT OF PUBLIC SCHOOL PERSONNEL